IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30853 of 2008(W)
1. R.MOHANAN, S/O.RAKKAPPAN, RESIDING AT
... Petitioner
Vs
1. THE ARCHEOLOGICAL SURVEY OF INDIA,
... Respondent
2. THE MALABAR DEVASWAM BOARD, REPRESENTED
3. THE ASSISTANT COMMISSIONER, H.R. & C.E.
4. SREE ANJANEYA SEVA SAMITHY (REGISTRATION
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.D.SOMASUNDARAM
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :19/02/2009
O R D E R
P.R.RAMAN & P.S.GOPINATHAN, JJ.
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W.P.(C) No.30853 of 2008
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Dated this the 19th February, 2009
J U D G M E N T
Raman, J.
This writ petition is filed seeking directions to the
respondents 1 to 3 to frame a scheme for the administration of
the temple with the assistance of respectable and honest
devotees as directed in Ext.P2 judgment; to enter into an
agreement regarding the custody of the temple in terms of
Section 6 of the Ancient Monuments and Archeological Sites and
Remains Act, 1958; and also for a direction to the second
respondent to forbear from sealing the temple under its lock and
key without framing a scheme.
2. Heard the learned counsel appearing on either
side.
W.P.(C) No.30853 of 2008
2
Considering the facts and circumstances of the
case, no further direction is called for, in view of Ext.P2 judgment
to frame a scheme. However, the writ petition is disposed of as
follows. Until a scheme is framed, as directed by this Court in
Ext.P2 judgment, the day-to-day affairs of the temple will have to
be carried out by a committee consisting of the Assistant
Commissioner, Malabar Devaswom, Palakkad; the Executive
Officer to be appointed by the Malabar Devaswom; two persons
nominated from the Department of Archeological Survey of India;
and the present President and Secretary of the 4th respondent,
Sree Anjaneya Seva Samithy. The day-to-day expenditure will
be made from out of the funds now available with the 4th
respondent. Since the temple is now situated in a building
belonging to the Archeological Department, no changes shall be
made to the building, except with the permission of the
Archeological Department. The Chairman of the Committee shall
be the Assistant Commissioner, Malabar Devaswom, Palakkad.
The entire accounts as on today along with the balance amount
shall be placed before this Committee. The records shall be kept
W.P.(C) No.30853 of 2008
3
in the custody of the Assistant Commissioner/Executive Officer,
and the amounts shall be deposited in State Bank of India, Fort
Maidhan Branch, Palakkad, in the name of the Committee to be
operated by the Executive Officer and one of the nominees of the
Archeological Department. However, expenditure shall be met
based on the decision of the committee. It is open to either of
the parties to seek clarification, if necessary. The scheme be
framed without delay.
P.R.RAMAN, JUDGE
P.S.GOPINATHAN, JUDGE.
nj.