Kerala High Court
Jayachandran vs The Travancore Devaswom Board on 27 October, 2014
Author: P.N.Ravindran
Bench: P.N.Ravindran, P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 29TH DAY OF OCTOBER 2014/7TH KARTHIKA, 1936
WP(C).No. 27881 of 2014 (I)
----------------------------
PETITIONER(S)/PETITIONERS:
--------------------------
1. JAYACHANDRAN, AGED 42 YEARS
S/O VASUDEVAN PILLAI, KOTTETH HOUSE, THONNALLOOR
PANDALAM-689501.
2. P.V.BALAKRISHNA PILLAI, AGED 49 YEARS
S/O.VASU PILLAI, PANAKKATTU, MANGARAM
PANDALAM.
BY ADVS.SRI.PRATHEESH.P
SRI.K.SIJU
SRI.S.ABHILASH
RESPONDENT(S)/RESPONDENTS:
--------------------------
1. THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, TDB BUILDING
NANTHANCODE, THIRUVANANTHAPURAM-695011.
2. THE COMMISSIONER,
TRAVANCORE DEVASWOM, TDB BUILDING, NANTHANCODE
THIRUVANANTHAPURAM-695011.
3. THE ASSISTANT COMMISSIONER,
TRAVANCORE DEVASWOM, PANDALAM, PATHANAMTHITTA-689533.
4. THE ADMINISTRATIVE OFFICER,
VALIYAKOICKAL DEVASWOM, PANDALAM
PATHANAMTHITTA-689501.
Addl.5. PANTHALATHU KOTTARAM NIRVAHAKA SANGHAM,
PANTHALAM KOTTARAM, PANTHALAM - 689 501
REPRESENTED BY ITS SECRETARY P.RAJARAJAVARMA
VRINDAVAN PALACE, KULANADA PO, PANTHALAM - 689 503
ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 27.10.2014
R5 BY ADV. SRI.R.LAKSHMI NARAYAN
R BY SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27881 of 2014 (I)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXT.P1 COPY OF THE SANCTION LETTER DATED 27.8,2014
EXT.P2 COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE
4TH RESPONDENT DATED 1.10.2014
EXT.P3 COPY OF THE NOTICE ISSUED IN THE NAME OF THE PETITIONER AND
THE 4TH RESPONDENT DATED 7.10.2014
EXT.P4. COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT DATED
17.10.2014.
EXT.P5 COPY OF THE SANCTION GIVEN BY THE THANTRI TO THE 3RD
RESPONDENT DATED 20.08.2014
EXT.P6 COPY OF THGE REPORT OF THE MASS PRAYER REPORTED IN
MATHRUBHUMI DAILY DATED 12.10.2014.
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
/ TRUE COPY /
P.S.TO JUDGE
P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
-----------------------------------------
W.P.(C) No.27881 of 2014
-----------------------------------------
Dated this the 29th day of October, 2014
JUDGMENT
P.N.Ravindran, J.
The prayer in this writ petition filed by the President and the Vice President of the Temple Advisory Committee of Valiyakoikkal Sree Dharma Sastha Temple, Pandalam, is to set aside Ext.P4 letter dated 17.10.2014 sent by the Deputy Devaswom Commissioner, Travancore Devaswom Board, Trivandrum to the Assistant Devaswom Commissioner, Aranmula requesting him to postpone the Ashtamangala Deva Prasnam until after the pilgrim season 2014-2015 is over and further directing him to take steps to constitute a new Advisory Committee for the temple for the reason that the term of the present committee is coming to an end. The petitioners have also prayed for an order directing the respondents to conduct the Ashtamangala Deva Prasnam as scheduled.
2. It is stated that with the participation of the additional fifth respondent steps were taken to have the Ashramangala Deva Prasnam conducted on 2nd, 3rd and 4th of November, 2014 and the rituals had commenced, but at the intervention of the additional fifth respondent Ext.P4 letter was issued. Relying on Ext.P5 letter sent by the Tantri to W.P.(C)No.27881 of 2014 -:2:- the Assistant Devaswom Commissioner, Aranmula it is contended that as steps have already been taken to conduct the Ashtamangala Deva Prasnam and the Temple Advisory Committee now in office is not interested in continuing for the purpose of carrying out the Pariharakriyas, if any, suggested in the Ashramangala Deva Prasnam, the Ashtamangala Deva Prasnam may be conducted as scheduled.
3. We heard Sri.P.Pratheesh, learned counsel appearing for the petitioners, Sri.M.V.S.Namboothiri, learned standing counsel appearing for the Travancore Devaswom Board and Sri.R.Lakshminarayanan, learned counsel appearing for the additional fifth respondent. We have also gone through the pleadings and materials on record. During the course of arguments today, learned counsel appearing for the additional fifth respondent submitted that the additional fifth respondent has no objection in the Ashtamangala Deva Prasnam being conducted as scheduled. If that be so, we are of the opinion that the Devaswom Commissioner, Travancore Devaswom Board should reconsider the direction issued in Ext.P4 and take an appropriate decision as to whether the Ashtamangala Deva Prasnam should be conducted as scheduled, having regard to the opinion of the Tantri of the temple.
We accordingly dispose of the writ petition with a direction to the Devaswom Commissioner, Travancore Devaswom Board to reconsider W.P.(C)No.27881 of 2014 -:3:- the direction issued in Ext.P4 and to take an appropriate decision in the matter in the light of the views expressed by the Tantri of the temple in Ext.P5 letter dated 20.8.2014 and his subsequent letter dated 28.10.2014 addressed to the Assistant Devaswom Commissioner, Aranmula. A decision in that regard shall be taken on or before the close of office hours tomorrow. The Devaswom Commissioner shall, while taking a decision in the matter, have due regard to the views expressed by the Tantri. The petitioners shall, in order to enable the Devaswom Commissioner to act as directed above, produce a copy of the writ petition, complete in all aspects, as also a copy of the letter dated 28.10.2014 sent by the Tantri of the temple to the Assistant Devaswom Commissioner, Aranmula and a copy of this judgment before him.
Registry to issue certified copies of this judgment to learned counsel on both sides, if applied for, today itself.
P.N.RAVINDRAN, Judge.
P.B.SURESH KUMAR, Judge ahg.
P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
-------------------------------------
W.P.(C) No.27881 of 2014
-------------------------------------
JUDGMENT 29th October, 2014