Kerala High Court
M.K. Jayachandran vs State Of Kerala Rep. By Chief Secretary ...
Author: Devan Ramachandran
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940
WP(C).No. 2141 of 2018
PETITIONERS:
1 M.K. JAYACHANDRAN
S/O THE LATE P.KUTTAN PILLAI, MELKULANGARA HOUSE,
ALAKODE P.O.KANNUR- 670 571
2 M.P.PRABHAKARAN
S/O LATE GOVINDAN NAMBIAR, 'SAPTAGIRI' ALAKODE P.O.
KANNUR- 670 571
3 P.R.ABIN
S/O RAVI POTHERA, POTHERA HOUSE, NELLIPPARA P.O.
ALAKODE, KANNUR- 670 571
BY ADVS.SRI.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN
RESPONDENTS:
1. STATE OF KERALA REP. BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2. THE MALABAR DEVASWOM BOARD REP. BY ITS COMMISSIONER & SECRETARY,
HOUSEFED COMPLEX, ERANHIPPALAM P.O.
KOZHIKODE- 673 006
3. THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, KASARAGOD DIVISION,
NELESHWAR P.O. KASARAGOD - 671 314
4. THE INSPECTOR
MALABAR DEVASWOM BOARD, THALIPARAMBA,
TRICHAMBARAM P.O. KANNUR- 670 141
5. THE EXECUTIVE OFFICER
ARANGAM SREE MAHADEVA TEMPLE, ALAKODE P.O. KANNUR- 670571
R1 BY SR.GOVERNMENT PLEADER SHRI T.K. ANANTHAKRISHNAN
BY ADV. SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2141 of 2018 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBITP1 TRUE COPY OF ORDER NO.H8/555/2016/M.D.B(K.DIS)
DATED 15-07-2017 ISSUED BY THE 2ND RESPONDENT-
COMMISSIONER, MALABAR DEVASWOM BOARD,
APPOINTING THE PETITIONERS AND 2 OTHERS AS
NON-HEREDITARY TRUSTEES OF ARANGAM SREE
MAHADEVA TEMPLE, ALAKODE
EXHIBITP2 TRUE COPY OF LETTER NO.H/8/555/2017/M.D.B DATED
25-07-2017 ISSUED BY 2ND RESPONDENT-
COMMISSIONER.
EXHIBIT P3 TRUE COPY OF THE SCHEME OF ADMINISTRATION OF ARANGAM SREE
MAHADEVA TEMPLE SETTLED ON 27.08.2003 IN O.A.No.12 OF 2001
BY THE DEPUTY COMMISSIIONER, H.R.& C.E. (ADMINISTRATION)
DEPARTMENT, KOZHIKODE, UNDER THE PROVISIONS OF THE MADRAS
HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1951 (XIX OF
1951) PUBLISHED IN THE KANNUR DISTRICT GAZETTE DATED
25.11.2003
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 11.01.2018 ISSUED FROM THE
OFFICE OF PRINCIPAL SECRETARY, REVENUE (DEVASWOM)
DEPARTMENT, RECEIVED ON 15.01.2018 AT THE RESIDENCE OF THE
1ST PETITIONER AT KANNUR.
EXHIBIT P5 TRUE COPY OF THE 1ST PETITIONER'S REPLY DATED 31.01.2018
TO EXHIBIT P4 NOTICE.
RESPONDENTS' EXHIBITS:
EXT.R2(a) A TRUE COPY OF THE COMPLAINT DATED 20.07.2017.
EXT.R2(b) A TRUE COPY OF THE COMMUNICATION DATED 24.07.2017.
EXT.R2(c) A TRUE COPY OF THE REPORT DATED 27.11.2017.
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON
&
DEVAN RAMACHANDRAN, JJ.
..............................................................................
W.P.(C)No.2141 of 2018
.........................................................................
Dated this the 2nd April, 2018
JUDGMENT
P.R. Ramachandra Menon, J.
The grievance is in respect of the inaction on the part of the authorities of the Malabar Devaswom in convening a meeting of the newly elected members of the Trustee Board so as to elect a Chairman in accordance with the relevant provisions of law.
2. Heard the learned counsel for the petitioners, the learned Standing Counsel for the Devaswom Board as well as the learned Govt. Pleader on behalf of the State.
3. The sequence of events narrated in the writ petition shows that the petitioners were selected and appointed as Non- hereditary Trustees of the Arangam Sree Mahadeva temple as per Ext.P1. In fact, the tenure of engagement was for a period of two years. But the first meeting of the Trustee Board has not been convened by the competent authority to elect the Chairman, despite many a request made by the petitioners in this regard. The enquiry made by them revealed that some W.P.(C)No.2141 of 2018 2 instructions were issued by the Government so as to solve the proceedings and it was accordingly, that Ext.P2 order was issued by the second respondent/Commissioner of Malabar Devaswom Baord stating that further proceedings could not be pursued by virtue of the interim order of stay dated 24.07.2017 issued by the Government, as referred to therein. This made the petitioners to approach this Court by filing this writ petition with the following prayers:
b