Kerala High Court
Sri.C.P.Padmanabhan vs The Assistant Devaswom Commissioner on 13 June, 2012
Bench: Thottathil B.Radhakrishnan, K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 13TH DAY OF JUNE 2012/23RD JYAISHTA 1934
DBP.No. 5 of 2012 ()
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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD COMPLAINTS RELATE TO THE
STATE OF AFFAIRS OF THRICHATTUKULAM MAHADEVA TEMPLE- TDB REPORT
NO.203/2011 SUO-MOTU PROCEEDINGS INITIATED-REG.
PETITIONER :
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1. SRI.C.P.PADMANABHAN
CHALIL, THRICHATTUKULAM P.O.
POOCHAKKAL, CHERTHALA-688 526
2. SRI. SHAJI. C.R.
CHERUPARAMBIL
NADAVATH NAGAR
P.O. CHERTHALA, ALAPPUZHA DIST.
BY ADVS.SRI.THAVAMONY
SRI.PRAMOD KOCHUTHOMMEN.E.
RESPONDENTS:
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1. THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, VAIKOM
2. THE SUB GROUP OFFICER,
THRICHATTUKULAM SREE MAHADEVA TEMPLE
THRICHATTUKULAM P.O., CHERTHALA
3. THE PRESIDENT,
MATTHATHIL BHAGAM NSS KARAYOGAM
4. THE SECRETARY,
MATTATHIL BHAGAM NSS KARAYOGAM
5. THE SECRETARY,
CHELATTU BHAGAM NSS KARAYOGAM
THRICHATTUKULAM P.O.CHERTHALA
6. THE SECRETARY,
THURUTHI BHAGAM NSS KARAYOGAM
THRICHATTUKULAM P.O. CHERTHALA.
BY ADV. SRI.BIJU,SC FOR T.D.B.
BY ADV. SRI.SANTHEEP ANKARATH
BY ADV. SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE FOR THE OMBUDSMAN
BY ADV. SRI.SANTHEEP ANKARATH
BY ADV. SRI.SUMODH MADHAVAN NAIR
THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON
13-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jma
Thottathil B Radhakrishnan &
K. Vinod Chandran, JJ
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DBP No. 5 of 2012
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Dated this the 13th day of June, 2012
O R D E R
Thottathil B. Radhakrishnan, J Heard the learned counsel for the complainant and for the respondents which are the three NSS Karayogams. We are in complete agreement with the suggestion of the learned Ombudsman that cordiality in Hindu Society has to prevail and therefore it would be appropriate to have a Temple Advisory Committee constituted with people of different denominations from among the Hindus being involved. In fact, the local people would obviously be thankful to the NSS Karayogam for having taken care of the affairs of the temple to the extent they have done as is reflected in the report of the learned Ombudsman. We therefore, direct the Travancore Devaswom Board to treat this as a special situation in connection with the constitution of Temple Advisory Committee and thereby constitute a Temple Advisory Committee comprising of the representatives of the three Karayogams and members of the local public representing different denominations among DBP 5/2012 : 2 : Hindus. The manner in which the festivals will be conducted by distributing the days etc., will be done in the fest interest of the temple, also taking into consideration the practice followed until now. This means that the Karayogams will have the right to conduct the festival for three days and the remaining five days to be conducted appropriately by the Temple Advisory Committee. Ultimately, all limbs of the Hindu Society would treat this opportunity to nurture cordiality in the society. We also record the submission on behalf of the Karayogams that hereafter funds would be collected for the purpose of the temple festivals only utilising sealed receipts issued by the competent authority of the TDB. In so far as the ornaments adorned by the Deity are concerned, the Board will take appropriate decisions. If further clarificatory orders are necessary, the parties will be entitled to move with interlocutory applications in this matter.
DBP ordered accordingly.
Sd/-
Thottathil B Radhakrishnan (Judge) Sd/-
K. Vinod Chandran
(Judge)
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P.A to Judge