IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 DBA.No. 19 of 2008 (IN THE MATTER OF CONDUCTING ENQUIRY OF THE LOST ASSETS OF SREEPOORNATHRAYEESHA TEMPLE) COCHIN DEVASWOM BOARD.) APPLICANT: V.M.SANTHOSH, NEERANJAN, NORTH FORT, TRIPUNITHURA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: 1. COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BUILDING. 2. SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, TRICHUR. 3. ASSISTANT DEVASWOM COMMISSIONER, TRIPUNITHURA. 4. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE, TRIPUNITHURA. 6. DIRECTOR, CENTRAL BEAURAU OF INVESTIGATION, C.B.I. HEAD QUARTERS, LODHI ROAD, NEW DELHI. 7. KOMALAM, DEVASWOM COMMISSIONER, TRIPUNITHURA. 8. AJAYAKUMAR, DEVASWOM OFFICER, TRIPUNITHURA. BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A. NO. 19 OF 2008 = = = = = = = = = = = = = = DATED THIS, THE 25TH DAY OF MARCH, 2008. O R D E R Raman, J. The applicant is a devotee. This application is filed as a DBA. We are not sure as to whether such an application is maintainable at all except by way of a writ petition under Article 226 of the Constitution of India. However, we will assume that such an application is maintainable; even then, we do not find any reason to grant the relief prayed for in this application for the reason that the investigation is only at primary stage and if the investigation is not progressing then only the question of considering as to whether the matter is required to be investigated by any other agency will arise. Now it is too premature to consider such a request. The next prayer is to direct the first respondent to keep away Respondents 7 and 8 while conducting the investigation of the lost assets and valuables of the temple and to direct Respondents 4 and 5 to conduct the investigation impartially without being influenced by anybody. Since the Assistant Commissioner is conducting the enquiry now, we do not think at present any direction need be issued to entrust the matter with any other senior DBA 19/2008 :2: authority. At a later stage, if the investigation is not in progress, it will be open to the petitioner to approach this Court by filing appropriate writ petition. In case there is any other grievance, it is open to the petitioner to represent before the Ombudsman. Closed. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-