IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 26900 of 2005(B) -------------------------- PETITIONER: ------------ T.P. PARANGODAN, S/O. LATE ITTAMAN, AGED 57 YEARS, THARAYAPARAMBU, P.O. VAIRAMKODU, VIA THIRUNAVAYA, MALAPPURAM DISTRICT-676 301. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT-HRE AUDIT, PALAKKAD. 4. THE COMMISSIONER, HR & CE, KOZHIKODE. 5. THE ASST.COMMISSIONER, HR & CE, MALAPPURAM. 6. THE INSPECTOR, HR & CE (ADMN) DEPARTMENT, MANJERY. 7. THE EXECUTIVE OFFICER, VAIARAMKODE BHAGAVATHY TEMPLE DEVASWOM, VAIARAMKODE P.O., MALAPPURAM-676 301. 8. P. RAVEENDRA NATHAN, S/O. VELAPPAN NAIR, KRISHNA KRIPA, P.O. KURUTMBATHOOR, MALAPPURAM DISTRICT-676 301. 9. SATHEESH KUMAR, S/O. VELAYUDHAN, ERANDATH HOUSE, P.O. THIRUNAVAYA, MALAPPURAM DISTRICT. 2 10. PRABHAKARA, S/O. NAVU, MANNARAPURAKKAL, VIARAMKODE P.O. 11. JAYAPRAKASH, S/O. K.M. BHASKARAN NAIR, P.O. VENGANOOR, THIRUR-2, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) FOR R8TO 11 R1 TO R7 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FORWARDING LETTER NO. LF HRE (P4) 954/96 DATED 4.12.96 OF THE DEPUTY EXAMINER TO THE 2ND RESPONDENT REPORTING THE SERIOUS MALPRACTICES IN RESPECT OF THE ADMINISTRATION OF THE VAIRAMKODE BHAGAVATHY TEMPLE DEVASWOM. EXT.P2 TRUE EXTRACT OF PARA 28 OF THE AUDIT REPORT DATED 8.7.99 OF THE THIRD RESPONDENT PERTAINING TO THE VAIRAMKODE BHAGAVATHY TEMPLE DEVASWOM IN RESPECT OF THE YEAR 1996 EXT.P3 DO. PERTAINING TO PARA 27 OF THE AUDIT REPORT DATED 8.7.99 IN RESPECT OF THE YEAR 1997 EXT.P4 TRUE COPY OF THE REPLY NO. LF HRE(P4) 531/02 DATED 9.7.2002 OF THE THIRD RESPONDENT ADDRESSED TO THE PETITIONER. EXT.P5 TRUE COPY OF THE NOTICE BEARING NO. 262/05 DATED 2.5.2005 ISSUED BY THE 6TH RESPONDENT. EXT.P6 TRUE COPY OF THE ORDER DATED 6.7.2005 PASSED BY THE 4TH RESPONDENT APPOINTING RESPONDENTS 8 TO 11 AS THE NON-HEREDITARY TRUSTEES IN THE VAIRAMKODE BHAGAVATHY TEMPLE DEVASWOM. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 26900 OF 2005 -------------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT Ramachandran Nair,J. Petitioner is challenging selection of respondents 8 to 11 as non- hereditary trustees of the Vairankode Bhagavathy Temple Devaswom. Selection was made three years back and the trustees joined some time in July, 2005. Obviously there is no ground to interfere with selection process at this distance of time because trustees have completed three years out of 5 years for which selection was made. However, counsel for the petitioner rightly pointed out that there was delay in conducting audit for several years and when audit was conducted , irregularites were noticed. If irregularties were noticed and any of the trustees is involved, action should be taken against those found guilty for the loss caused to the Devaswom. W.P. is therefore disposed of directing the third respondent to get the accounts audited for all the years and if any 2 irregularity is found, to take action against the trustee concerned. Petitioner can furnish details to the third respondent. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3