IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 34993 of 2009(T) ---------------------------------------- PETITIONER(S): ----------------------- ANIL KUMAR, S/O.VISWANATHAN, V.S.BHAVAN, KARIYARA, VILAKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT (SPECIAL OFFICER, TRAVANCORE DEVASWOM BOARD) SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 4. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, PUNALUR GROUP, PUNALUR, KOLLAM DISTRICT. 5. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, BHARANIKAVU DEVASWOM, PUNALUR GROUP, KOLLAM DISTRICT. 6. SRI.NALACHANDRAN NAIR, NANDU VIHAR, KARIYARA PO., PUNALUR, KOLLAM DISTRICT. W.P.(C) NO.34993/2009 7. SRI.RADHAKRISHNA PILLAI, KOPPARAKONAM, KARIYARA PO., PUNALUR, KOLLAM DISTRICT. 8. SRI.K.SATHYAN, SREE BHAGAVATHY, S.M.JUNCTION, KARIYARA P.O., KOLLAM, (FROM NEDUMKALA PUTHENVEEDU, KARIYA PO PUNALUR, KOLLAM DISTRICT) R1 BY GOVT. PLEADER SRI.R.LAXMI NARAYANAN R2 TO R5 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R6, 7,8 BYA DV.SRI.R.ARUN RAJ BY ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34993/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE AND REPORT OF THE INCOME AND EXPENDITURE ISSUED BY THE 8TH RESPONDENT. P2:- COPY OF THE INCOME AND EXPENDITURE STATEMENT OF THE TEMPLE ADVISORY COMMITTEE FOR THE YEAR 1998-2003. P3:- COPY OF THE TEMPLE ADVISORY COMMITTEE BYE-LAW PUBLISHED BY the 2ND RESPONDENT. P4;- COPY OF THE REPRESENTATION DTD. 20.11.2009 SUBMITTED BY THE PETITIONERALONG WITH 4 OTHERS BEFORE THE RESPONDENTS 3 AND 5. TRUE COPY P.A. TO JUDGE tss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.34993 of 2009-T ------------------------------------------------------------------------ Dated 14th September 2010 Judgment Thottathil.B.Radhakrishnan, J. In the light of the report of the learned Ombudsman, the AssistanT Devaswom Auditor will look into the necessary particulars and recommend such action as may be warranted, by making appropriate recommendation to the competent authority in the Travancore Devaswom Board. Let this be done within a period of 45 days from now. Any among the private respondents will be at liberty to produce the passbook and other accounts as noted in the audit objection, if already not produced. If it has been produced before the learned Ombudsman, the same would be given to the Assistant Devaswom Audit Officer through the learned Standing Counsel for the Travancore Devaswom Board. It is further ordered that the competent authority in the Board will take WPC 34993/09 2 such action as may be found necessary on the basis of the recommendations by the Audit Officer in accordance with law. The Writ Petition is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 34993/09 3