Kerala High Court
Zamorin Raja Of Calicut vs Government Of Kerala on 22 October, 2008
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 1ST DAY OF JULY 2016/10TH ASHADHA, 1938
WP(C).No. 512 of 2009 (J)
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PETITIONER:
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ZAMORIN RAJA OF CALICUT, SUKRUTHA,
CHALAPPURAM, CALICUT-2
BY ADV. SMT.SHAHNA KARTHIKEYAN
RESPONDENTS:
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1. GOVERNMENT OF KERALA, REP. BY
CHIEF SECRETARY, THIRUVANANTHAPURAM.
2. SECRETARY, REVENUE(DEVASWOM),
DEPARTMENT, THIRUVANANTHAPURAM.
3. PRESIDENT, MALABAR DEVASWOM
BOARD, KOZHIKODE.
R3 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM
R3 BY ADV. SRI.R.LAKSHMI NARAYANAN,SC,MALABAR DEVA
R3 BY ADV. SRI.KRISHNAKUMAR.S,SC, MALABAR DEVASWOM
BOARD
R3 BY ADV. SRI.MAHESH V.RAMAKRISHNAN, SC, MALABAR
DEVASWOM BOARD
BY GOVERNMENT PLEADER SRI.A.RANJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED
22.10.2008.
RESPONDENT'S EXHIBITS: NIL
/True Copy/
P.A. to Judge
THOTTATHIL B.RADHAKRISHNAN, Ag.C.J.&
ANU SIVARAMAN, J.
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W.P.(C).No.512 of 2009
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Dated this the 1st day of July, 2016
JUDGMENT
Thottathil B.Radhakrishnan, Ag.C.J.
1.Petitioner challenges Ext.P1 to the extent it imposes a condition that 35% of the income derived by the institution should be deposited in Co-operative Bank. The following interim order was issued on 08.01.2009:-
"Govt. Pleader takes notice for R1 and R2. Urgent notice to R3.
There will be an interim stay of Ext.P1 as regards the third condition to the extend that 35% of the income to be deposited in the District Co-operative Bank as against the petitioner. However, the petitioner shall ensure that the deposit to be made in the Nationalised Bank or in the Scheduled Bank in accordance with the Rules."
2. The situation is now governed by the said interim order.
3.Having heard the learned counsel for parties, we do not see any authority or power for the official respondents to issue any direction as is impugned in this writ petition. W.P.(C).No.512/09 2 In the result, the impugned decision is set aside, but it is directed that the present arrangement obtained in terms of the afore-quoted interim order dated 08.01.2009 will continue. Such direction is made absolute and the writ petition is ordered accordingly.
sd/-
Thottathil B. Radhakrishnan Acting Chief Justice sd/-
Anu Sivaraman Judge sj1/7