Kerala High Court
Gopalan K.M vs Malabar Devaswom Board
Author: B. Kemal Pasha
Bench: T.R.Ramachandran Nair, B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA, 1935
WP(C).No. 23033 of 2012 (D)
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PETITIONERS:
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1. GOPALAN K.M., AGED 45 YEARS
S/O. T.P.KRISHNANKYTTY MENON, BINDU NIVAS, AKATHETHARA
PALAKKAD, NON HEREDITARY TRUSTEE
SREE CHATHANKULANGARA BHAGAVATHI TEMPLE, AKATHETHARA
PALAKKAD.
2. P.NANDAKUMAR
S/O. BHEEMAN ACHAN, 'LALITHAM', VADAKKETHARA
AKATHETHARA, PALAKKAD, NON HEREDITARY TRUSTEE
SREE CHATHANKULANGARA BHAGAVATHI TEMPLE, AKATHETHARA
PALAKKAD.
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENTS:
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1. MALABAR DEVASWOM BOARD
HOUSEFED COMPLEX, ERANHIPLAM, MALAPPURAM-673006
REPRESENTED BY ITS SECRETARY.
2. THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM
MALAPPURAM-673006.
3. THE DEPUTY COMMISSIONER
MALABAR DEVASWOM BOARD, CIVIL STATION
KOZHIKODE-673001.
4. THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, PALAKKAD DIVISION
PALAKKAD-678001.
5. THE MANAGER
SREE CHATHANKULANGARA BHAGAVATHI DEVASWOM
AKATHETHARA, PALAKKAD-670008.
6. K.P.SURESH
S/O. RAMAKRISHNAN MENON, MRKM NIVAS, AKATHETHARA
PALAKKAD-670008.
7. M.V.RAMACHANDRAN
S/O. P.VASUPILLA, DEVIKA ENGG. COLLEGE, AKATHETHARA
PALAKKAD-670008.
R1 TO 4 BY ADV. SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23033 of 2012 (D)
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1- TRUE COPY OF THE ORDER NO. A1-4762/2009(D DIS) DATED 03-
09-2010.
EXHIBIT P2- TRUE COPY OF THE NOTICE NO. A1 540/2012/MDB DATED 14-08-
2012.
EXHIBIT P3- TRUE COPY OF THE REPRESENTATION DATED 03-09-2012 BY THE
1ST PETITIONER.
EXHIBIT P4- TRUE COPY OF THE NOTICE DATED 11-09-2012 ISSUED BY THE
DEPUTY COMMISSIONER.
EXHIBIT P5- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT ON 26-09-2012.
EXHIBIT P6: TRUE COPY OF THE NOTIFICATION NO.A1/5605/2013/MDB DATED
6/11/2013 BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY/
PA TO JUDGE
SCL.
T.R.RAMACHANDRAN NAIR &
B. KEMAL PASHA, JJ.
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W.P.(C) No. 23033 of 2012
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DATEDTHIS THE 6TH DAY OF DECEMBER, 2013
JUDGMENT
Ramachandran Nair, J.
In this writ petition the petitioners who have been appointed as per Ext.P1 order as members of the Trustee Board, have sought for a direction to take appropriate steps for effective functioning of the Committee, as proceedings have been initiated against two members under Section 45 of the HR & CE Act and the Chairman has ceased to exist as a member by his own volition.
2. Initially, this Court by order dated 12.10.2012, directed that the Board will ensure that there is no stalemate and any vacancy of members of non-hereditary trustees could be supplemented immediately. Presently, learned counsel for the petitioners points out by referring to the averments in I.A.No.16459/2013 that by Ext.P6, applications have been called for the appointment of non hereditary trustees in the Temple. It is submitted that the same will affect the rights of the petitioners.
3. Learned Standing Counsel for the Board submits that as per Wpc No.23033/2013 -2- Ordinance No.43/2013 the term of the non hereditary trustees has been provided as two years and even though in Ext.P1 five years period has been provided, it can be seen that the two year period as far as the petitioners are concerned, is already over and they cannot continue as trustees. This has compelled the respondents to initiate further steps in the matter.
4. Even though learned counsel for the petitioners submitted that the petitioners are entitled to continue, we are of the view that since the statutory period as provided in the Ordinance is already over, they cannot continue. But we permit the petitioners also to respond to the notification, Ext.P6 and their claims also will be considered.
The writ petition is accordingly disposed of. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (B. KEMAL PASHA, JUDGE) kav/