Kerala High Court
P.N. Rameshkumar vs Travancore Devaswom Board on 4 December, 2019
Bench: C.T.Ravikumar, N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941
WP(C).No.32930 OF 2019(M)
PETITIONER:
P.N. RAMESHKUMAR, AGED 48 YEARS
S/O.LATE NEELAKANTAN NAIR, PRESIDENT,
DEVI BHAKTHAJANA SAMITHY, PUNNAPURAM,
THIRUVANANTHAPURAM, PIN-695 024,
RESIDING AT KOCHUKAIPPALLY VEEDU,
TC 28/827, PUNNAPURAM, PETTAH (P.O.),
THIRUVANANTHAPURAM, PIN-695 024.
BY ADVS.
SRI.GOPAKUMAR R.THALIYAL
SRI.RAHUL RAJ
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
THIRUVANANTHAPURAM, PIN-695 004.
2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 004.
3 THE ASSISTANT DEVASWOM COMMISSIONER,
THIRUVANANTHAPURAM GROUP,
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN-695 023.
4 THE SUB GROUP OFFICER, THEKKETHERUVU,
THIRUVANANTHAPURAM GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN-695 023.
SRI P . V. KUNHIKRISHNAN SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.32930 OF 2019(M)
2
JUDGMENT
Dated this the 4th day of December 2019 Ravikumar, J The petitioner, who is a devotee and the President of Devi Bhakthajana Samithy, Punnapuram in Thiruvananthapuram District formed for the welfare of the Minor Punnapuram Sree Bhagavathy Temple, filed this writ petition seeking issuance of a writ of mandamus commanding the respondents to grant permission to conduct 'Devaprasnam' in the said Temple. The further alternative prayer is to issue a writ of mandamus directing the third respondent to consider Exts.P3 and P4 representations and to take steps to conduct 'Devaprasnam' in the said temple. It is specifically stated in the writ petition that in the said temple no Temple Advisory Committee is formed though the temple is under the Travancore Devaswom Board. The circumstances that constrained the 'thanthri' of the temple to opine that it is necessary to conduct 'Devaprasnam, is specifically stated in Ext.P3 representation, submitted by the 'thanthri' and Ext.P4 representation submitted by the secretary of the Samithy.
WP(C).No.32930 OF 2019(M) 3
2. Heard the learned counsel for the petitioner and also the standing counsel for the Travancore Devaswom Board.
3. As stated hereinbefore, in the writ petition it is specifically stated by the petitioner that there is no TAC in the aforesaid temple though it is a temple falling under the TDB. In that regard it is relevant to refer to an order of this Court in DBA No.153/2009 dated 10.11.2010. It is a fact that Temple Advisory Committees are formed in temples under the administration of TDB as per notification No.ROC-1809-09/NS dated 30.11.2011 based on the directions issued in the order dated 10.11.2010 in DBA 153/2009. In such circumstances we have no doubt that respondents 1 to 3 are bound to take steps to form TAC in Minor Punnapuram Sree Bhagavathy Temple if no TAC so far been formed in the said temple.
4. The main grievance of the petitioner is regarding the non-consideration of Exts.P3 and P4 representation. Ext.P3 is actually the opinion of the 'thanthri' of the temple dated 23.10.2019 regarding the requirement to conduct 'Devaprasnam'. Subsequently, the aforesaid Samithy also submitted a representation carrying such a request before the third respondent WP(C).No.32930 OF 2019(M) 4 viz., Ext.P4. The reason for seeking permission to conduct 'Devaprasnam' is specifically mentioned in Ext.P3 as also in Ext.P4.
5. In the said circumstances without making any observation touching the merits, this writ petition is disposed of directing the third respondent to consider Exts.P3 and P4 representations and pass appropriate orders thereon, expeditiously and at any rate within a period of one month from the date of receipt of a copy of this judgment. There will be a further direction to respondents 1 to 3 to take appropriate steps for forming a TAC in the said temple, in case no TAC is formed for the temple, in terms of the notification referred above, issued pursuant to the order in DBA No.153/2009, expeditiously and at any rate within a period of three months.
The writ petition is disposed of as above.
Sd/-
C.T.RAVIKUMAR JUDGE Sd/-
N.NAGARESH
dlk/04.12.19 JUDGE
WP(C).No.32930 OF 2019(M)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 24.09.2019.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE DEVOTEES TO THE 3RD RESPONDENT
DATED 10.06.2019.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 23.10.2019
MADE BY THE THANTHRI OF THE TEMPLE TO THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 25.10.2019 SUBMITTED BY THE SECRETARY OF THE SAMITHY TO THE 3RD RESPONDENT.