Allowed

Thankamoni K., v. Tranvore Devaswom Board

Kerala HC17 Feb 2020WP(C)/4427/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition alleging misappropriation of funds by a temple advisory committee. Instead of adjudicating merits, the Court directed the Second Respondent, Commissioner, Travancore Devaswom Board, to consider the filed complaint and pass orders within four months.

What did the court decide?

Direction to the Second Respondent, Commissioner of TDB, to consider and pass appropriate orders on the complaint (Ext.P4) within four months, with notice to the petitioner and the accused members of

Thankamoni K., Vs Tranvore Devaswom Board — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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WP(C).No.4427 OF 2020(C)

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PETITIONERS:

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THANKAMONI K., AGED 65 YEARS S/O.KUTTANPILLAI NADAR, MALAMTHAOTTATH, PUTHEN VEEDU, KARUMANOOR, NEDUVANVILA, PARASSALA P.O., THIRUVANANTHAPURAM.

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BY ADVS.

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SRI.K.MOHANAKANNAN SMT.D.S.THUSHARA

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RESPONDENTS:

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1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE,THIRUVANANTHAPURAM, PIN- 695 003.

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2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE,THIRUVANANTHAPURAM, PIN - 695 003.

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3 THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM, PARASSALA SUB GROUP, PARASSALA MAHADEVA TEMPLE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 502.

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W.P.(C).4427/2020

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4 THE TEMPLE ADVISORY COMMITTEE, KARUMANOOR MAVELI KANDAN SRI DHARMASASTHA TEMPLE, KARUMANOOR,NEDUVANVILA, PARASSALA, THIRUVANANTHAPURAM,REPRESENTED BY ITS PRESIDENT, PIN - 695 502.

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5 KAITHAN (PAZHANI) SECRETARY, THE TEMPLE ADVISORY COMMITTEE, SRI.MAVELI KANDAN DHARMASASTHA TEMPLE, KARUMANOOR, NADUVAN VILA, PARASSALA,THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT, PIN - 695 502.

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SRI.K. SASIKUMAR, SC,CDB.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING.

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W.P.(C).4427/2020

JUDGMENT

Ravikumar, J.

The petitioner is a devotee of Karumanoor Mavelikandan Sri.Dharmasastha Temple under the Parassala Sub Group of Travancore Devaswom Board. He filed this writ petition seeking the following reliefs:-

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i) To issue a Writ of mandamus or any other appropriate writ or direction directing the 2^nd respondent to take up and consider P4 complaint and take appropriate action in accordance with law within a time fixed by the Hon'ble Court

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ii) Direction directing respondent 1 to 3 to appoint an administrator for administering the affairs of the Karumanoor Mavalikandan Sri.Dharmasastha temple in the place of the 4^th respondent.

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iii) To issue a Writ of mandamus or any other appropriate writ or direction directing respondent 1 to 3 to ensure that accounts are being properly maintained by the 4^th respondent and to recover the law sustained to the Devaswom and to take action against them in accordance with law.

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W.P.(C).4427/2020

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Heard the learned counsel for the petitioner and the learned

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standing counsel appearing for respondents 1 to 3.

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In view of the order we propose to pass in this writ petition,

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we are of the considered view that it is unnecessary to issue notice to respondents 4 and 5 in this proceedings. The pleadings would reveal that raising grievance against the functioning of the Temple Advisory Committee of the aforesaid temple, to be precise, raising allegation of misappropriation of funds, the petitioner has already approached the second respondent, the Commissioner of TDB with Ext.P4 representation. It is dated 17.1.2020. Taking into account the fact that the petitioner has already approached the second respondent through Ext.P4 representation, without making any observation as to the merits of the allegations and contentions raised therein, this writ petition is disposed of with a direction to the second respondent to consider and pass appropriate orders on Ext.P4 with notice to the petitioner and the members of the TAC against whom allegations were

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W.P.(C).4427/2020

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made in Ext.P4. This shall be done expeditiously, at any rate, within a

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period of four months from the date of receipt of copy of the judgment.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

N.NAGARESH JUDGE

W.P.(C).4427/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR 2014.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR 2016.

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EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR 2019.

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EXHIBIT P4 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND THE OTHER DEVOTEES BEFORE THE 2ND RESPONDENT DATED 17/01/2020.

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spc/

Thankamoni K., v. Tranvore Devaswom Board

Case brief

What is this about?

What did the court decide?

Thankamoni K., v. Tranvore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

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