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K.KESAVAN, GANDHI BHAVAN versus THE TRAVANCORE DEVASWOM BOARD

High Court of Kerala

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K.KESAVAN, GANDHI BHAVAN v. THE TRAVANCORE DEVASWOM BOARD - WP(C) No. 31376 of 2006(I) [2006] RD-KL 4094 (21 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31376 of 2006(I)

1. K.KESAVAN, GANDHI BHAVAN,
... Petitioner

Vs

1. THE TRAVANCORE DEVASWOM BOARD,
... Respondent

2. THE COMMISSIONER,

3. THE ASSISTANT DEVASWOM COMMISSIONER,

4. K.M.SUNDARAN PILLAI,

5. BINOY, MULLASSERIL PADEETTATHIL,

For Petitioner :SRI.P.B.SAHASRANAMAN

For Respondent :SRI.P.PARAMESWARAN NAIR, SC, TDB

The Hon'ble the Chief Justice MR.V.K.BALI The Hon'ble MR. Justice M.RAMACHANDRAN

Dated :21/12/2006

O R D E R

(V.K.BALI, C.J. & M.RAMACHANDRAN, J)

W.P.(C) No.31376 of 2006-L

Dated this the 21st day of December, 2006



JUDGMENT

Ramachandran, J:

We had examined the contentions that had been raised by the petitioner. He had raised objections about the proceedings of the Travancore Devaswom Board dated 28-07-2006, a copy is produced as Ext.P3. An Advisory Committee had been formed thereby, and reference is also made to an earlier judgment in W.P.(C).No.8234 of 2006. The petitioner submits that the selection process was irregular and it should have been ensured that the proper election held on 27-11-2005 ought to have been upheld. The petitioner was elected as President, according to him, from the elected members, and there was resistance from the Board and certain other sources and they could not function. This use of muscle power, according to him, should not go unnoticed.

2. However, the counter affidavit filed by the Secretary of the Travancore Devaswom Board, shows that some of the factual statements in the writ petition are incorrect. Though a committee was selected on 27-11-2005, because of the infight election of office bearers was not carried out. A stalemate had [WPC No.31376 of 2006] -2- continued and consequent to the direction issued by this Court, the Board had reconsidered the matter and thereafter had taken steps for nominating a fresh advisory committee. It is seen that such a new committee had become functional consequent to Ext.P3 and election of office bearers was held on 11-08-2006. Therefore, the Board could be held as responsible for the resultant position.

3. The life period of the committee is one year. Therefore, the petitioner may not be justified in insisting that members of the committee elected on 27-11-2005 should be permitted to assume charge. Further, the present attack is belated, since already the elected committee has started to function and it is indicated that the festival of the Kandiyoor Mahadeva Kshethram is on 25-12-2006. Any change in the constitution of the committee will not be conducive to the better interest of the temple.

4. Mr.P.Parameswaran Nair, standing counsel for the Travancore Devaswom Board, had also made available the minutes and files pertaining to the process of nomination/election of office bearers of the committee. We find that due norms have been adhered to and therefore find little substance in the contentions raised by the petitioner for upsetting the election of the new [WPC No.31376 of 2006] -3- committee. For this reason, it may not be feasible to revive any other past committee. The writ petition is therefore dismissed. Sd/- V.K.BALI (CHIEF JUSTICE) Sd/- M.RAMACHANDRAN mks/ (J UDGE) - True Copy - P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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