P.K.Gangadharan Aged 65 Years vs The Malabar Devaswom Board

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Kerala High Court

P.K.Gangadharan Aged 65 Years vs The Malabar Devaswom Board

Bench: A.Muhamed Mustaque

       

  

   

 
 
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

        MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936

                    WP(C).No. 33829 of 2014 (C)
                    ----------------------------

     PETITIONER(S):
     --------------

       P.K.GANGADHARAN AGED 65 YEARS
       S/O. P.K.KUTTYKRISHNA PANICKER, CHAIRMAN
       TRUSTEE BOARD, PARIYANAMPATTA DEVASWOM, P.O KATTUKULAM
       PALAKKAD DISTRICT, RESIDING AT PRIYAM, MANGALAMKUNNU
       POST KATTUKULAM, PALAKKAD DISTRICT. 679 514.

       BY ADVS.SRI.SANTHEEP ANKARATH
               SRI.Y.JAFAR KHAN

     RESPONDENT(S):
     -------------

          1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS
       SECRETARY,
       ERANHIPALAM, KOZHIKODE 673 006.

          2. THE COMMISSIONER
       MALABAR DEVASWOM BOARD, KOZHIKODE 673 006.

          3. THE ASSISTANT COMMISSIONER
       MALABAR DEVASWOM BOARD, CIVIL STATION
       PALAKKAD 678 001.

          4. EXECUTIVE OFFICER
       SRI PARIYANAMPATTA DEVASWOM, P.O KATTUKULAM 679 514
       PALAKKAD DISTRICT.

          5. K.LEELA AGED 51 YEARS
       W/O.SIVAN, KULANGARA HOUSE, PARIYANAMPATTA P.O
       KATTUKULAM, PALAKKAD DISTRICT, 679 514.

       R1 -R 3  BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD
       R5  BY ADV. SRI.P.B.SAHASRANAMAN
       R5  BY ADV. SRI.T.S.HARIKUMAR
       R5  BY ADV. SRI.K.JAGADEESH
       R5  BY ADV. SRI.RAAJESH S.SUBRAHMANIAN

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33829 of 2014 (C)        2




                              APPENDIX

PETITIONER(S)' EXHIBITS:
------------------------

EXHIBIT P1. COPY OF ORDER DATED 31.12.08 ISSUED BY THE MANAGER,
PARIYANAMPATTA DEVASWOM AND ITS ENGLISH TRANSLATION.

EXHIBIT P2. COPY OF ORDER DATED 22.12.10 ISSUED BY THE MANAGER,
PARIYANAMPATTA DEVASWOM AND ITS ENGLISH TRANSLATION.

EXHIBIT P3. COPY OF ORDER DATED 15.03.11 ISSUED BY THE 3RD RESPONDENT
AND ITS ENGLISH TRANSLATION.

EXHIBIT P4. COPY OF CIRCULAR NO.J8-7347/2010/MDB DATED 15.10.10
ISSUED BY MALABAR DEVASWOM BOARD AND ITS ENGLISH TRANSLATION.

EXHIBIT P5. COPY OF THE JUDGMENT DATED 18.3.14 IN OS 82/11 PASSED BY
THE SUBORDINATE JUDGES COURT, OTTAPALAM.

EXHIBIT P6. COPY OF THE REVISION PETITION DATED 19.4.14 FILED BY THE
5TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P7. COPY OF THE ORDER DATED 20.11.14 IN RP 09/2014 PASSED BY
THE 2ND RESPONDENT.




RESPONDENT(S)' EXHIBITS:NIL




                                                          True Copy/


                                                         P A to Judge



               A.MUHAMED MUSTAQUE, J.
          =========================
                  W.P(C).No.33829 of 2014
         ============================
         Dated this the 02nd day of February, 2015

                            JUDGMENT

It is submitted by the learned counsel for the 5th respondent that a new Trustee Board has been constituted and petitioner is no longer the Chairman of the new Trustee Board. Therefore, he cannot question the impugned order.

2. Learned counsel for the petitioner submits that he needs to verify whether a new committee has been constituted or not.

I am of the view, it is open for the new committee to challenge, if aggrieved by the impugned order. Recording submission of the learned counsel for the 5th respondent, leaving all issues open in the Writ Petition, Writ Petition is closed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE.

Sbna/02/02/15

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