Kerala High Court
The Managing Committee Of ... vs Malabar Devaswom Board on 8 March, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.27821/2021 1/4
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 8th day of March 2022 / 17th Phalguna, 1943
W.P.(C) NO. 27821 OF 2021 (C)
PETITIONER:
THE MANAGING COMMITTEE OF KUTHIRAVATTAM SWAROOPAM PRIVATE & PUBLIC
DEVASWOMS, PULAPATTA, PALAKKAD DISTRICT, REPRESENTED BY ITS
PRESIDENT, K.C. RADHAKRISHNAN THAMPAN, S/O. LATE A.M. THRIVIKRAMAN
NAMBOODIRI, AGED 74 YEARS, RESIDING AT 'AKSHARAM', BANK EMPLOYEES
COLONY, MANALI, PALAKKAD - 678001.
RESPONDENTS:
1. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, BOARD OFFICE,
HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE, PIN - 673006.
2. THE COMMISSIONER, THE MALABAR DEVASWOM BOARD, BOARD OFFICE, HOUSEFED
COMPLEX, ERANHIPALAM, KOZHIKODE - 673006.
3. THE DEPUTY COMMISSIONER, THE MALABAR DEVASWOM BOARD, BOARD OFFICE,
HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE - 673006.
4. THE ASSISTANT COMMISSIONER, THE MALABAR DEVASWOM BOARD, CIVIL
STATION, PALAKKAD, PIN - 678001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P5
notification issued by the 4th respondent, pending disposal of the Writ
Petition, in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
07.02.22 and upon hearing the arguments of SRI.BINOY VASUDEVAN, Advocate
for the petitioner and STANDING COUNSEL for the respondents, the court
passed the following:
[P.T.O.]
WP(C) No.27821/2021 2/4
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-------------------------------------------------------
W.P.(C)No.27821 of 2021
-------------------------------------------------------
Dated this the 8th day of March, 2022
ORDER
Anil K. Narendran, J.
Paragraph 3 of the statement filed on behalf of respondents 1 and 2 in W.P.(C)No.27821 of 2021 reads thus;
"It is submitted that, on a perusal of the records maintained at the office of this respondent, it is discernible that AP No.16 of 2005 was disposed of on 25.01.2011. But in spite of the vigorous search made, the files relating to the appeal could not be traced out. The contention of the petitioner is that AP No.16 of 2005 is still pending and not disposed off with notice to the petitioner. In view of the above, the Commissioner is constrained to direct the Assistant Commissioner Malabar Devaswom Board, Palakkad vide letter dated 01.02.2022 to withdraw the Ext.P5 Notification and proceed further only after confirming the status of the declaration of the temple as a Religious Institution as per the provisions of the HR & CE Act." (underline supplied) The learned Standing Counsel for Malabar Devaswom Board seeks time to get instructions on reconstruction of the files in A.P.No.16 of 2005. The Secretary of the Board shall get instructions from the person, who was holding the post of WP(C) No.27821/2021 3/4 W.P.(C)No.27821 of 2021 2 Commissioner on 25.01.2011, as to whether A.P.No.16 of 2005 has already been disposed of on that date.
List on 22.03.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN 08-03-2022 /True Copy/ Assistant Registrar WP(C) No.27821/2021 4/4 APPENDIX OF WP(C) 27821/2021 Exhibit P5 TRUE COPY OF THE NOTIFICATION NO. A1/3674/2021/MDB(1) DATED 05.11.2021 ISSUED BY THE 4TH RESPONDENT.