Kerala High Court
Swaminathan vs State Of Kerala on 9 June, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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W.P.(C)No.20950 of 2025
2025:KER:40184
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 20950 OF 2025
PETITIONER(S):
1 SWAMINATHAN,AGED 65 YEARS,
S/O.NARAYANANKUTTY NAIR,KARTHIKA,
SANTHIPURAM,KODUVAYUR.P.O, PALAKKAD., PIN - 678501
2 M.K.BHASKARAN,AGED 68 YEARS,
S/O.KRISHNAN KUTTY MOOTHAN,MOOCHIKKAL HOUSE,
ETHANUR.P.O,PALAKKAD, PIN - 678502
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF DEVASWOM, THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER
MALABAR DEVASWOM BOARD, KOZHIKKODE, PIN - 673001
3 THE DEPUTY COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANJIPPALAM.P.O, KOZHIKKODE, PIN - 673006
4 THE ASSISTANT COMMISSIONER
OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM
BOARD, CIVIL STATION, PALAKKAD, PIN - 678001
5 K.C.C.THAMPAN
PRESIDENT, MANAGING COMMITTEE PRIVATE & PUBLIC
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W.P.(C)No.20950 of 2025
2025:KER:40184
DEVASWAM OF KUTHIRAVATTOM SWAROOPAM, PULPPATTA,
PALAKKAD-, PIN - 678632
6 C.RAJAN
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
NADAKKAVU HOUSE, ETHANUR POST, CHITTUR TALUK,
PALAKKAD, PIN - 678580
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP;
SMT. R. RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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W.P.(C)No.20950 of 2025
2025:KER:40184
JUDGMENT
Muralee Krishna, J.
This writ petition is filed under Article 226 of the Constitution of India by the petitioners, seeking a writ of mandamus commanding the 2nd respondent, Commissioner, Malabar Devaswom Board, to pass appropriate orders on Ext.P3 appeal bearing No. A.P. No.13 of 2024 filed by respondents 5 and 6 under Section 61 of the Madras Hindu Religious and Charitable Endowments Act, 1951, ('the Act' in short), challenging Ext.P2 order dated 01.09.2024 passed by the 3rd respondent, Deputy Commissioner of Malabar Devaswom Board, within a time limit fixed by this Court.
2. Going by the averments in the writ petition, the petitioners are the devotees of Sree Maruthi Bhagavathy Temple of Ethanur, which is a controlled institution under the Malabar Devaswom Board. The 3rd respondent, Deputy Commissioner, had passed an order dated 09.11.2004 in O.A. No.6 of 1986 declaring the temple as a public religious institution, and it was published in the Gazette on 04.01.2005. Since the said order was not 4 W.P.(C)No.20950 of 2025 2025:KER:40184 implemented, the 1st petitioner filed W.P.(C)No.14942 of 2021 before this Court seeking a writ of mandamus commanding the respondents therein to implement the same. By Ext.P1 judgment dated 23.03.2022, this Court disposed of the writ petition directing the Deputy Commissioner to finally dispose of O.A. No.6 of 1986, in terms of the directions contained in the order dated 25.01.2011 of the 2nd respondent Commissioner, Malabar Devaswom Board, in A.P. Nos.6 and 16 of 2005. Pursuant to the said direction, the 3 rd respondent conducted a hearing of the interested parties and passed Ext.P2 order dated 01.09.2024 holding that Sree Maruthi Bhagavathy Temple is a religious institution as defined in Section 6(15) of the Act. Against Ext.P2 order, respondents 5 and 6 preferred Ext.P3 appeal. Alleging delay in the disposal of the appeal, the petitioners approached this Court with the instant writ petition.
3. Heard Sri.V.A Johnson (Varikkappallil), the learned counsel for the petitioners, Sri.S Rajmohan, the learned Senior Government Pleader for the 1st respondent and Smt.R Ranjanie, the learned Standing Counsel for the Malabar Devaswom Board. 5 W.P.(C)No.20950 of 2025
2025:KER:40184 Considering the limited prayer in the writ petition, issuance of notice to respondents 5 and 6 is dispensed with.
4. The learned counsel for the petitioners submitted that though the petitioners have filed the writ petition seeking a direction for early disposal of Ext.P3 appeal filed by the respondents 5 and 6 before the 2nd respondent Commissioner, Malabar Devaswom Board, such a direction may not be feasible for the reason that the person holding the post of Commissioner is the very same person who passed Ext.P2 order, while officiating as the Deputy Commissioner.
5. While considering this grievance of the petitioners, it is relevant to note Section 99 of the Madras Hindu Religious & Charitable Endowments Act, 1951, which deals with the power of the Government to call for records and pass orders. The said Section reads thus:
"99. Power of State Government to call for records and pass orders.- (1) The State Government may call for and examine the record of the Board or Commissioner or any Deputy or Assistant Commissioner, or any Area Committee or of any trustee in respect of any proceeding, not being a proceeding in respect of which a suit or an appeal to a Court 6 W.P.(C)No.20950 of 2025 2025:KER:40184 is provided by this Act, to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein and, if, in any case, it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the State Government shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations. (2) The State Government may stay the execution of any such decision or order, pending the exercise of their powers under sub-section (1) in respect thereof."
Having considered the fact that the Deputy Commissioner who passed Ext.P2 order is presently holding the charge of Devaswom Commissioner, Malabar Devaswom Board, we deem it appropriate to dispose of this writ petition, leaving open all the legal and factual contentions of the parties, by directing the 1 st respondent State to take an appropriate decision on Ext.P3 appeal which is now pending before the 2nd respondent Commissioner, Malabar Devaswom Board, invoking its power under Section 99 of the Act, treating it as a revision. The person holding the charge of 2nd respondent Commissioner, Malabar Devaswom Board, shall 7 W.P.(C)No.20950 of 2025 2025:KER:40184 transmit the files relating to Ext.P3 appeal to the 1 st respondent State within one week from the date of receipt of a copy of this judgment, and the 1st respondent shall pass appropriate orders therein as expeditiously as possible, at any rate, within five months from the date of receipt of the file, after hearing all the parties concerned.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE sks 8 W.P.(C)No.20950 of 2025 2025:KER:40184 APPENDIX OF WP(C) 20950/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.14942 OF 2021 OF THIS HON'BLE COURT DATED 23.03.2022 Exhibit P2 TRUE COPY OF THE ORDER IN O.A.NO.6/1986 & O.A.NO.6/2022 PASSED BY THE DEPUTY COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE DATED 01.09.2024 Exhibit P3 TRUE COPY OF THE A.P.NO.13/2024 ON THE FILE OF THE COMMISSIONER MALABAR DEVASWAM BOARD, KOZHIKKODE DATED 03.09.2024