Kerala High Court
Bijesh Kumar M. Aged 34 Years vs State Of Kerala Represented By on 1 February, 2016
Author: Ashok Bhushan
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937
WP(C).No. 3426 of 2016 (S)
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PETITIONER/PETITIONER :
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BIJESH KUMAR M. AGED 34 YEARS
S/O. GOPALAKRISHNAN, MARATH HOUSE, THAMARAYOOR P.O.
GURUVAYOOR, PIN-680505.
BY ADV. SRI.M.A.ABDUL HAKHIM
RESPONDENTS :
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1. STATE OF KERALA REPRESENTED BY
SECRETARY REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPUAM - 695 001.
2. GURUVAYOOR DEVASWOM MANAGING COMMITTEE,
GURUVAYOOR DEVASWOM, GURUVAYOOR - 680 101
REPRESENTED BY ITS ADMINISTRATOR.
3. A. SURESAN, ADVOCATE,
"ANURAG", S.N. PARK MAINN ROAD,
POOTHOLE, THRISSUR - 680 101.
R1 BY SR.GOVERNMENT PLEADER, SRI. C.S. MANILAL.
R2 BY SRI.P.GOPAL, SC, GURUVAYOOR DEV. BOARD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3426 of 2016 (S)
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APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : A PHOTOSTAT COPY OF THE G.O. ISSUED BY THE 1ST RESPONDENT.
EXT.P2 : A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
W.P.(C) No.35608/2015
EXT.P3 : A PHOTOSTAT COPY OF THE GO(Rt) No.364/2016/RD ISSUED BY
THE 1ST RESPONDENT.
EXT.P4 : A PHOTOSTAT COPY OF THE LETTER ISSUED BY THE ADDIITONAL CHIEF
SECRETARY OF THE 1ST RESPONDENT TO THE GENERAL SECRETARY OF
THE GURUVBAYOOR DEVASWOM EMPLOYEES CONGRESS ALONG WITH
ENGLISH TRANSLATION.
EXT.P5 : A PHOTOSTAT COPY OF THE ORDER PASSED BY THE REVENUE
SECRETARY OF THE 1ST RESPONDENT.
EXT.P6 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE GENERAL
CONVENER OF GURUVAYOOR PRATHIKARANA VEDI TO THE
HOME MINISTER OF INDIA.
EXT.P7 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE GENERAL
CONVENER OF GURUVAYOOR PRATHIKARANA VEDI TO THE
VIGILANCE AND DIRECTOR OF ANTI CORRUPTION BUREAU OF
THE 1ST RESPONDENT.
EXT.P8 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE GENERAL
CONVENER OF GURUVAYOOR PRATHIKARANA VEDI TO THE CENTRAL
VIGILANCE COMMISSIONER.
EXT.P9 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE GENERAL
CONVENER OF GURUVAYOOR PRATHIKARANA VEDI TO THE DIRECTOR,
VIGILANCE AND ANTI CORRUPTION BUREAU.
EXT.P10 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY
SRI.HARIKRISHNAN P. TO THE DIRECTOR, VIGILANCE AND ANTI
CORRUPTION BUREAU.
EXT.P11 : A PHOTOSTAT COPY OF THE SAID REPRESENTATION SUBMITTED BY
THE PETITIONER TO THE CHIEF MINISTER OF KERALA.
EXT.P12 : A PHOTOSTAT COPY OF THE PLAINT IN O.S. No.45/2015 BEFORE
THE DISTRICT COURT, THRISSUR.
EXT.P13 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY SRI.T.K.SURESH
BABU TO THE REVENUE SECRETARY OF THE 1ST RESPONDENT.
WP(C).No. 3426 of 2016 (S)
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EXT.P14 : A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO
THE ADMINISTRATOR OF THE 2ND RESPONDENT.
EXT.P15 : A PHOTOSTAT COPY OF THE COMPLAINT NO.911/2015 SUBMITTED
BY SRI.P.MOHANAN TO THE VIGILANCE SPECIAL JUDGE AND
ENQUIRY COMMISSIONER, THRISSUR.
RESPONDENTS' EXHIBITS :
NIL
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
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W.P.(C) No. 3426 OF 2016
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Dated this the 1st day of February, 2016
JUDGMENT
Ashok Bhushan, C.J.
Heard both the sides. This writ petition has been filed as Public Interest Litigation challenging the re-nomination of the 3rd respondent to the Guruvayoor Devaswom Managing Committee.
2. By Ext.P3 Government Order dated 28.01.2013 the State Government, in exercise of its powers under Section 3 and 4 of the Guruvayoor Devaswom Act, 1978 and in supersession of earlier notification, has constituted the Guruvayoor Devaswom Managing Committee in which the 3rd respondent has been nominated. Against the nomination of 3rd respondent, following was stated in Ext.P3 Government Order:
"members nominated by the Hindus among the Council of Ministers under clause (e) of sub-section (1) of section 4 of the Act".
3. The submission made by learned counsel for the petitioner is that there are several complaints against the 3rd WP(C) No. 3426 of 2016 -:2:- respondent and a complaint has also been submitted before the Director of Vigilance and Anti Corruption Bureau. One such complaint has been filed as Ext.P15. In the alleged complaint, Ext.P15, no action has been taken by the Vigilance Special Judge and Enquiry Commissioner, Thrissur. The mere fact that complaints have been submitted, is not sufficient ground for interfering with the nomination made by the State to the Managing Committee of Guruvayoor Devaswom.
We do not find any ground for entertaining the writ petition as Public Interest Litigation. The Writ Petition is dismissed.
Sd/-
Ashok Bhushan, Chief Justice.
Sd/-
A.M. Shaffique, Judge.
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