Disposed
C.G.Govindan Kutty, v. the Cochin Devaswom Board
Kerala HCWP(C)/15527/2022
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944 WP(C) NO. 15527 OF 2022
PETITIONERS:
C.G.GOVINDAN KUTTY, AGED 69 YEARS S/O.K.GOVINDAN KUTTY NAIR, KALLIPARAMBIL HOUSE, RAVIPURAMANGALAM, THEKKUMKARA, WADAKKANCHERRY, THRISSUR-680 589.
BY ADVS. ELVIN PETER P.J. K.R.GANESH GOURI BALAGOPAL SREELEKSHMI A.S.
RESPONDENTS:
BY ADV.
K.P.SUDHEER ADVOCATE
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W.P.(C) No.15527 of 2022
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Anil K. Narendran, J.
The petitioner, who was the Vice President of the Temple Advisory Committee of Machad Thiruvanikavu Temple, which is under the management of Cochin Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent not to accord sanction to the 3rd respondent to do any construction activities, either demolition or renovation of the Temple complex of Machad Thiruvanikavu Temple, including its Sreekovil, Thidappilly, Mugha Mandapam, etc. The petitioner has also sought for an order directing respondents 1 to 3 not to implement any steps for construction, renovation and demolition of any part of the temple complex of Machad Thiruvanikavu Temple on the basis of Ext.P13; and to declare that the 3rd respondent Kshethra Upadesaka Samithi is not entitled to do any construction activities in and around Machad Thiruvanikavu Temple, on the basis of Ext.P13.
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“3. At the outset, it is respectfully submitted that the above writ petition is not maintainable either in law or on facts. The petitioner is essentially challenging Exhibit P13 Ashtamangala Prashna Charthu in a proceeding under Article 226 of the Constitution of India. Exhibit P14 letter dated 26.04.2022 submitted by the petitioner to the Tantri of the temple would further show that the allegations are raised against the Temple Advisory Committee that they influenced the astrologers and obtained Exhibit P13 Ashtamangala Prashna Charthu. The petitioner further alleges that the Tantri has strong difference of opinion in the matter of renovation and
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reconstruction of the temple. The petitioner relies on Exhibit P15 communication dated 30.04.2022 alleged to have issued by the Tantri as a reply to Exhibit P14 letter of the petitioner.
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R1(C) .
admission, the learned Standing Counsel for Cochin
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Devaswom Board submitted that the term of the 3rd respondent Temple Advisory Committee expired on 30.04.2022 and the Devaswom Officer is taking steps to call for the General Body for electing the members of the Temple Advisory Committee.
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were selected after taking lot at the sanctum sanctorum of the temple. The members of the Temple Advisory Committee
submitted a letter dated 29.04.2022 to the Tantri, who submitted Ext.R1(C) letter dated 30.04.2022.
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be considered by the said respondent, while proceeding
further with Ext.P13.
With the above observation, this writ petition is disposed
of declining interference on Ext.P13 under Article 226 of the
Constitution of India. No order as to costs.
Sd/-
ANIL K.NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE
PV
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APPENDIX OF WP(C) 15527/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE OPINION GIVEN BY THE KSHETHRAM NARAYANAN THANDRI NAMBOODIRI DATED 12.03.2003 REGARDING THE CONDITION OF THE TEMPLE. Exhibit P2 TRUE COPY OF THE NOTE ISSUED BY SRI. KANIPAYYUR KUTTAN NAMBOODIRIPAD. Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT NO.H1.8016/04 DATED 26/11/2004. Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT NO.H1.8016/04 DATED 30/11/2005. Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 1 ST RESPONDENT NO.H1.8016/04 DATED 26/04/2006. Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE MACHAD THIRUVANIKKAVU KSHETRA KSHEMA SAMITHY DATED 10/05/2006 TO THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE PLAN GIVEN BY SRI. KANIPPAYYUR KUTTAN NAMBOODIRIPAD IN CONNECTION WITH THE RENOVATION WORK. Exhibit P8 TRUE COPY OF THE NOTE GIVEN BY SRI. KANIPPAYYUR KUTTAN NAMBOODIRIPAD IN CONNECTION WITH THE RENOVATION WORK. Exhibit P9 TRUE COPY OF THE PROCEEDINGS NO.H1.6093/04 DATED 18/11/2004 ISSUED BY THE 1ST RESPONDENT. Exhibit P10 RUE COPY OF THE ORDER NO.H1.6093/04
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DATED 05/04/2006 ISSUED BY THE 1ST RESPONDENT
Exhibit P11 TRUE COPY OF THE REQUEST DATED 20/05/2006 MADE BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE PROCEEDINGS H1.4601/06 DATED 04/05/2007 ISSUED BY THE 1ST RESPONDENT.
Exhibit P13 A TRUE COPY OF THE ASHTAMANGALA PRASNA CHARTH.
Exhibit P14 TRUE COPY OF THE LETTER DATED 26/04/2022 SENT BY THE PETITIONER TO THE KSHETRAM THANDRI REGARDING THE RENOVATION WORK IN THE TEMPLE
Exhibit P15 TRUE COPY OF THE REPLY DATED 30/04/2022 ISSUED BY THE KSHETRAM TTHANDRI TO THE PETITIONER.
RESPONDENTS' EXHIBITS
EXHIBIT R1 A True copy of letter dated 25/11/2019 submitted by the Kshetram Thanthri.
EXHIBIT R1 B True copy of order No. M5. 10227/2020 dated 29/12/2020 issued by the second respondent.
EXHIBIT R1 C True copy of letter dated 30/04/2022 issued by the thanthry of the temple.
C.G. Govindan Kutty
The Cochin Devaswom Board
The Special Devaswom Commissioner
Machad Thiruvanikavu Kshetra Upadesaka Samity
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
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