Kerala High Court
P.V.Sankaran vs The Malabar Devaswom Board on 15 January, 2014
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 15TH DAY OF JANUARY 2014/25TH POUSHA, 1935
WP(C).No. 30111 of 2013 (L)
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PETITIONER(S):
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1. P.V.SANKARAN, AGED 78 YEARS
S/O.C.KRISHNAN NAMBIAR, MANIKKOTH HOUSE
VANKULATH VAYIL P.O., AZHEEKODE, KANNUR-670009.
2. V.RAMACHANDRAN NAMBOODIRI, AGED 75 YEARS
S/O.RAMAKRISHNAN NAMBOODIRI, VENGILOTT ILLAM
CHALAD P.O., KANNUR-670014.
3. A.C.MOHANAN NAMBOODIRI, AGED 73 YEARS
S/O.KELAPPAN NAMBIAR, CHEMMANCHERY HOUSE
CHIRAKKAL P.O., KANNUR-670011.
4. K.M.KUNHIKANNAN NAMBIAR, AGED 61 YEARS
S/O.KANNAN NAMBIAR, MAVILA VEEDU, CHIRAKKAL P.O.
KANNUR-670011.
5. T.K.RAMACHANDRAN, AGED 71 YEARS
S/O.T.NARAYANAN NAMBIAR, 'SANTHI', TULICHERI
PALLIKKUNNU P.O., KANNUR-670004.
BY ADV. SRI.MAHESH V RAMAKRISHNAN
RESPONDENT(S):
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1. THE MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, HOUSEFED COMPLEX
ERANHIPALAM, KOZHIKODE-673001.
2. THE COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM
KOZHIKODE-673001.
3. THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD, THALASSERY DIVISION
THIRURANGADI P.O., THALASSERY, KANNUR DISTRICT.
4. SREE DHARMA SHASTHA TEMPLE,
CHALAD, REPRESENTED BY ITS MANAGER, CHALAD P.O.
KANNUR-670014.
(*)ADDL.R5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEVASWOM DEPARTMENT
THIRUVANANTHAPURAM - 695 001.
(*)ADDITIONAL RESPONDENT NO.5 IMPLEADED AS PER ORDER ON
I.A.NO.497/2014 DATED 15/01/2014.
R1 - R 3 BY ADV. SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD
R5 BY GOVERNMENT PLEADER SHRI A.RANJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30111 of 2013 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: COPY OF THE NOTICE DATED 27.07.2012 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONERS.
P2: COPY OF THE OBJECTION DATED 16.08.2012 ISSUED BY THE
PETITIONERS TO THE 3RD RESPONDENT.
P3: COPY OF THE REVISION PETITION NO.19 OF 2012 DATED
27.09.2012 FILED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT.
P4: COPY OF THE COUNTER STATEMENT DATED NIL/01/2013 SUBMITTED
BY THE 4TH RESPONDENT HEREIN IN R.P.NO.19 OF 2012.
P5: COPY OF THE ORDER DATED 15.04.2013 IN R.P.NO.19 OF 2012
OF THE 2ND RESPONDENT.
P6: TRUE COPY OF THE PETITION DT.16/12/2013 FILED BY THE
PETITIONERS BEFORE THE ADDITIONAL FIFTH RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL
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\\True copy//
P.S to Judge
T.R. RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ.
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W.P.(C).No.30111/2013
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Dated this the 15th day of January, 2014
J U D G M E N T
Ramachandran Nair, J.
The petitioners herein, who are hereditary trustees of Sree Dharma Sastha Temple, Chalad, are aggrieved by Ext.P5 order passed by the second respondent.
2. When the writ petition came up for admission on 16/12/2013, it was submitted by the learned counsel for the petitioners that, the petitioners will file a revision before the Government under Section 99 of the Madras Hindu Religious & Charitable Endowments Act, 1951. Along with I.A.No.498/2014, a copy of the said petition has been produced as Ext.P6. Today, vide separate order on I.A.No.497/2014, we have allowed an application for impleading by which the State of Kerala represented by its Secretary to Government, Devaswom Department has been impleaded as an additional fifth respondent.
W.P.(C).No.30111/2013 -:2:-
3. We, therefore, direct the Government to take a decision on Ext.P6 after hearing the petitioners and the contesting respondents therein within a period of six months from the date of production of a certified copy of this Judgment by the petitioners. We also find that along with Ext.P6, the petitioners have filed an inter locutory application seeking stay of Ext.P5 order. The Government will also pass appropriate orders on the stay petition within a period of one month from the date of production of a certified copy of this Judgment by the petitioners. The writ petition is disposed of as above. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge) Sd/-
(B.Kemal Pasha, Judge) ms