IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 33194 of 2010(Y) ---------------------------------------- PETITIONER(S): ----------------------- 1. P.S. CHANDRANKUTTY, S/O.SUKUMARAN NAIR, AGED 49, PURAYIDATHIL MEMURIYIL, KUMBAZHA, PATHANAMTHITTA. 2. P.K. PRASAD, AGED 39, S/O.KUTTAPPAN NAIR, PULIYELIL HOUSE, KUMBAZHA, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENT(S): -------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REP. BY THE SECRETARY, NANDANKODE, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANKODE, THIRUVANANTHAPURAM-695 001. 3. THE EXECUTIVE OFFICER, SABARIMALA, DEVASWOM, TRAVANCORE DEVASWOM BOARD, SABARIMALA-689 713. R1 TO R3 BY ADV. SRI.V.KRISHNA MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33194/2010-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION ISSUED BY TRAVANCORE DEVASWOM BOARD, SABARIMALA DEVASWOM. EXT.P2: COPY OF THE GENERAL AND SPECIAL CONDITIONS INCORPORATED ALONG WITH THE NOTIFICATION. EXT.P3: COPY OF THE PLAN SUBMITTED BY THE BOARD SUBMITTED BEFORE THIS COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.33194 OF 2010 ------------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Petitioners project themselves as two members of the Hindu Aikya Vedi. They say that there is a clandestine proposal for the Travancore Devaswom Board to have a space auctioned out to place a tea stall in Appachimedu. According to them, the proposal for such a tea stall was not there in the original notification of different shops to be auction out. They further point out that the providing of a tea stall at that location would hamper the ritualistic offering “Ariyunda Vazhipadu”. The Board has filed a counter affidavit stating reasons why the tea stall has become necessary. In Appachimedu, there is only one tea stall. This fact situation is not disputed by the petitioners. Appachimedu area is one of the steepest terrains. There is no dispute on this issue also. The authorities in the WPC.33194/10 2 Board have decided that there could be one more tea stall. We would not substitute that administrative wisdom. The Board further says that there is sufficient space for putting up a tea stall and that will not cause any inconvenience to the devotees. It is also stated that the proposal is only in the best intention and to provide further facilities for the devotees. With this, we do not find any ground for judicial review or interference by this Court on the proposal of the Devaswom Board. We direct that the Board will ensue that there is no inconvenience to the devotees by the new tea stall. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.22/11.