Kerala High Court
Kunhappan vs The Assistant Commissioner
Author: C.T.Ravikumar
Bench: Thottathil B.Radhakrishnan, C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 21ST DAY OF MARCH 2012/1ST CHAITHRA 1934
WP(C).No. 5390 of 2012 (W)
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PETITIONER:
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KUNHAPPAN,, AGED 72 YEARS
S/O.CHENNAPPAN, PATTEKATTIL HOUSE
VETTOM.P.O, MALAPPURAM DISTRICT
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SMT.R.LEELA
RESPONDENTS:
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1. THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD
CIVIL STATION, TIRUR, MALAPPURAM DISTRICT
PIN-676101
2. THE EXECUTIVE OFFICER
SRI VEMANNA DEVASWOM
VETTOM.P.O, TIRUR
MALAPPURAM DISTRICT,PIN-676102
3. THE SECRETARY
TEMPLE ADVISORY COMMITTEE
SRI ULLARA VEEDU BHAGAVATHI TEMPLE
VEMANNA DEVASWOM, VETTOM.P.O, TIRUR
MALAPPURAM DISTRICT, PIN-676102.
R1 BY ADV. SRI.R.LAKSHMI NARAYANAN, SC, MDB
R2 BY ADV. SRI.K.MOHANAKANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-03-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
STK
WP(C).No. 5390 of 2012
APPENDIX
PETITIONER'S EXHIBITS:
P1: TRUE COPY OF THE OP NO.38360/2002 WITHOUT THE EXHIBITS.
P2: TRUE PHOTOSTAT COPY OF THE SAID INTERIM ORDER IN WP(C)11317/2004.
P3: THE REPLY DATED 14/09/2004 ISSUED BY 2ND RESPONDENT TO THE ASST.
COMMISSIONER HR & CE.
P4: TRUE PHOTOCOPY OF RELEVANT PAGE OF THE FESTIVAL NOTICE OF VETTAM-
VEMANNA SRI.ULLARUVEEDU BHAGAVATHY TEMPLE.
P5: TRUE COPY OF THE REPRESENTATION DATED 28/01/2012 PREFERRED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
STK
THOTTATHIL B. RADHAKRISHNAN &
C.T.RAVIKUMAR, JJ.
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W.P.(C)No.5390 of 2012
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Dated this the 21st day of March, 2012
JUDGMENT
Thottathil B.Radhakrishnan, J.
The complaint of the petitioner is that in spite of Ext.P2 no Devaprasnam was conducted and at this distance of time collection of funds are being made under the cover of Devaprasnam.
2. On instructions, in writing, the learned counsel for the Malabar Devaswom Board states that on 7.4.2004 a Devaprasnam was conducted in terms of what was submitted before this Court on 6.4.2004 and recorded in Ext.P1. He also has placed before us a communication faxed down on 17.3.2012 from the office of the Assistant Commissioner, Malabar Devaswom Board, Malappuram. We see that the instructions given by the Assistant Commissioner makes reference to a prasnacharthu which is available with the Devaswom. It is in the form of a book and different aspects following the Devaprasnam are recored therein. It also discloses that the Devaprasnam was carried out by persons who had been named in that prasnacharthu, including with their phone numbers. Kaimukku Vaidikan WP(C).No.5390/2012 2 Raman Bhattathirippad, A.K.Madhava Panicker are two of the names available in that prasnacharthu. With all these details, we see Ext.P5 issued by the petitioner to the Assistant Commissioner in which he also says that a Devaprasnam was held. His complaint was that it was done in a land belonging to a private individual. He says that the said Devaprasnam was conducted in violation of an order of stay granted by the High Court. Therefore, he obviously admits the fact that a Devaprasnam was conducted. He did not make any complaint about any such action after 7.4.2004 till he filed this writ petition or made Ext.P5 representation on 28.1.2012. The materials on record with the petitioner itself shows that this Court had not granted any order of stay against the Devaprasnam but had directed the Devaprasnam to be held on 7.4.2004 following the submissions made by the learned Government Pleader.
3. For the aforesaid reasons, we find no ground to issue any directions in this writ petition as sought for. The original petition fails and the same is dismissed. No costs.
The learned counsel for Malabar Devaswom Board will provide a readable photostat copy of the fax message under his WP(C).No.5390/2012 3 attestation to the Court Officer, who will receive it and incorporate as part of the case file.
Sd/-
THOTTATHIL B. RADHAKRISHNAN Judge Sd/-
C.T.RAVIKUMAR Judge TKS/21.3.2012