IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 DBP NO. 27 OF 2023 IN THE MATTER OF COCHIN DEVASWOM BOARD – REPORT NO.38 OF

2022 IN COMPLAINT NO.169 OF 2020-PISHARIKOVIL (SHARI BHAVATHI TEMPLE) PUTTING UP OF COMPOUND WALL – PREVENTING ENTRY OF STRANGERS – SUO MOTU PROCEEDINGS INITIATED - REG.

------------ COMPLAINANT:

PARAMESWARAN M.N PISHARIKOVIL WARRIAM, EROOR P.O., THRIPUNITHURA - 682306 BY ADVS.

Suomotu RESMI A.

RESPONDENTS:

THE SECRETARY COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR – 680001 THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 01.08.2023, ALONG WITH DBP.28/2023, THE COURT ON

14.09.2023 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 DBP NO.28 OF 2023 IN THE MATTER OF COCHIN DEVASWOM BOARD – REPORT NO.38 OF

2022 IN COMPLAINT NO.162 OF 2020 - PISHARIKOVIL (SHARI BHAVATHI TEMPLE) PUTTING UP OF COMPOUND WALL – PREVENTING ENTRY OF STRANGERS – SUO MOTU PROCEEDINGS INITIATED-REG.

------------ COMPLAINANT:

M.N.JAYARAM PISHARI KOVIL, WARRIAM, EROOR, WEST THRIPUNITHURA - 682306 BY ADVS. RESMI A.

RESPONDENTS:

THE SECRETARY COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR 680001 SRI. KP SUDHEER, SC, CDB, SRI. S. RAJMOHAN, SR. GP THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 01.08.2023, ALONG WITH DBP.27/2023, THE COURT ON 14.09.2023 DELIVERED THE FOLLOWING:

O R D E R

P.G. Ajithkumar, J.

The learned Ombudsman for the Cochin Devaswom Board submitted Report No.38 of 2022 in Complaint Nos.162 and 169 of 2020. Based on the said report, these D.B.Ps. were initiated, respectively, in regard to Complaint Nos.169 and 162 of 2020. In the complaints, the grievance is common; irresponsible way of using gates of Pisharikovil Temple, which is under the Chakkankulangara Devaswom. The complainant Sri.Parameswaran M.N alleges in Complaint No.169 of 2020 that the persons are using the gates for their access to their respective houses and they often fail to close the gates. That resulted in stealing of 750 numbers of coconut kernels kept in the Temple compound. On 27.09.2019 there occurred an attempt to commit murder within the Temple compound. Therefore, he requested the learned Ombudsman to take action for keeping the gates closed when the Temple remains closed.

2. In Complaint No.162 of 2020 the complainant, Sri.M.N.Jayaram, who is a person using the pathway of the Temple to reach his house on the western side, alleged that despite direction by this Court to provide a pathway along land outside the temple compound wall, no action has been taken by the Cochin Devaswom Board so far. The Tahsildar, Ernakulam had measured the properties and found that there was trespass upon the Temple land. But no further action in that regard was taken. Therefore, the complainant as well as others are not able to have a convenient access to their respective houses. It is also alleged in the complaint that one key of the gate was illegally obtained by a person and that she impersonating as Geetha Warassiar has been working in the Temple and receiving salary.

3. The learned Ombudsman took the view that the matter in dispute was already dealt with by this Court in a writ petition and therefore this matter is required to be considered by this Court. Accordingly, the learned Ombudsman, without deliberating upon the issues, submitted this report. The complainant in D.B.P.No.27 of 2023 did not choose to appear before the court. The complainant in D.B.P.No.28 of 2023 has appeared before this Court and filed an affidavit producing therewith Exts.A1 to A18.

4. Heard the learned counsel appearing for the complainant in D.B.P.No.28 of 2023, the learned Standing Counsel for Cochin Devaswom Board and the learned Amicus Curiae for the learne