Kerala High Court
K.M.Kochumadhavan Nair vs State Of Kerala on 12 May, 1967
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 26TH DAY OF SEPTEMBER 2014/4TH ASWINA, 1936
WP(C).No. 1054 of 2014 (F)
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PETITIONER(S):
---------------
1. K.M.KOCHUMADHAVAN NAIR
AGED 94 YEARS, S/O. LAKSHMANAN NAIR, (KARNAVAR
THEKKETHARA DESAM) DEVIKA SRESATHYASAI ENCLAVE
PUTHUR, PALAKKAD- 678 001.
2. A. SETHUMADHAVAN NAIR,
AGED 68 YEARS, S/O. VISWANATHAN NAIR, (KARNAVAR
VADAKKETHARA DESOMO, SAYOGYAM, KUNISSERY
PALAKKAD- 678 681.
3. K.P. RAMANUNNI NAIR,
AGED 68 YEARS, S/O. RAMANKUTTY NAIR, (KARNAVAR
KIZHAKETHARA DESOM), RAMLEELA, PULIYAKKODI
KUNISSERY, PALAKKAD- 678 681.
BY ADVS.SRI.M.C.SEN (SR.)
SRI.U.BALAGANGADHARAN
RESPONDENT(S):
--------------
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
DEPARTMENT OF DEVASWOM, THIRUVANANTHAPURAM- 695 001.
2. THE COMMISSIONER
MALABAR DEVASWOM BOARD, KOZHIKODE - 673 001.
3. THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, PALAKKAD- 678 001.
4. SREE POOKULANGARA BHAGAVATHY TEMPLE DEVASWOM
KUNISSERI, PALAKKAD
REPRESENTED BY THE EXECUTIVE OFFICER, KUNISSERY
PALAKKAD -678 681.
[5. THE EXECUTIVE OFFICER
SREE POOKULANGARA BHAGAVATHY TEMPLE DEVASWOM
KUNISSERY, PALAKKAD - 678 681.] (DELETED)
6. SREE POOKULANGARA BHAGAVATY DEVASWOM
TRUSTEE BOARD, REPRESENTED BY ITS MANAGING TRUSTEE
KUNISSERY P.O. PALAKKAD - 678 681.
WP(C).No. 1054 of 2014 (F)
---------------------------
: 2 :
*ADDITIONAL RESPONDENT 7:
THE CHAIRMAN, AREA COMMITTEE,
MALABAR DEVASWOM BOARD,
CIVIL STATION, PALAKKAD 678 001
IS IMPLEADED AS PER ORDER DTD. 29.1.2014 IN I.A.956 OF 2014.
THE RESPONDENT NO.5 IS DELETED AS PER ORDER DT. 29.1.2014 IN
I.A.NO.961 OF 2014.
R2 & 3 BY ADV. SRI.PARTHASARATHY.B, SC, MALABAR DEVASWOM BOARD
ADDL R7 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
R1 BY GOVERNMENT PLEADER SRI.A.RENJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1054 of 2014 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1-TRUE COPY OF THE DECLARATORY STATEMENT USED TO PRONOUNCE
AT THE BEGINNING OF ANNUAL CELEBRATION OF TEMPLE (KUMMATTY)
EXHIBIT-P2-TRUE COPY OF THE RELEVANT PAGE OF A DOCUMENT EXECUTED IN
THE YEAR 1942
EXHIBIT-P3-TRUE COPY OF THE COPIES OF THE RECEIPTS FOR HAVING
RECEIVED RENT IN THE FORM OF PADDY (PATTAM), FOR THE YEAR 1950.
EXHIBIT-P4-TRUE COPY OF THE REGISTER FOR THE YEAR 1949 PREPARED ON
20/11/1949.
EXHIBIT-P5-TRUE COPY OF THE STATEMENT FOR THE YEAR 1957 OF THE SREE
POOKULANGARA TEMPLE, KUNISSERY.
EXHIBIT-P6-TRUE COPY OF THE STATEMENT FOR THE YEAR 1960 OF THE SREE
POOKULANGARA TEMPLE, KUNISSERY.
EXHIBIT-P7-TRUE COPY OF THE STATEMENT FOR THE YEAR 1962 OF THE SREE
POOKULANGARA TEMPLE, KUNISSERY.
EXHIBIT-P8-TRUE COPY OF THE STATEMENT FOR THE YEAR 1964 OF THE SREE
POOKULANGARA TEMPLE, KUNISSERY.
EXHIBIT-P9-TRUE COPY OF THE BALANCE SHEET FOR THE YEAR 1962-1963 IN
RESPECT OF TEMPLE ASSETS
EXHIBIT-P10-TRUE COPY OF THE RECEIPT NO. 1191 DATED 12/05/1967 ISSUED
BY THE MANAGING TRUSTEE
EXHIBIT-P11-TRUE COPY OF THE RECEIPT NO. 1127 DATED 02/03/1968 ISSUED
BY THE MANAGING TRUSTEE OF THE TEMPLE
EXHIBIT-P12-TRUE COPY OF THE RECEIPT NO. 1199 DATED 03/03/1969 ISSUED
BY THE MANAGING TRUSTEE OF THE TEMPLE.
EXHIBIT-P13-TRUE COPY OF THE ORDER NO. A1-1465/87 DATED 10/05/1988
ISSUED BY THE ASSISTANT COMMISSIONER (HR&CE), PALAKKAD
EXHIBIT-P14-TRUE COPY OF THE PROCEEDINGS NO. A1/3520/91 DATED
27/06/1992 OF THE ASSISTANT COMMISSIONER (HR & CE)
EXHIBIT-P15-TRUE COPY OF THE PROCEEDINGS NO.D.DIS/A3/3278/2002 DATED
03/10/2002 OF THE COMMISSIONER, HINDUMADHA DHARMASTAPANA (RULING)
DEPARTMENT, PALAKKAD.
EXHIBIT-P16-TRUE COPY OF THE PROCEEDINGS K.DIS A3/5452/2004 DATED
03/04/2007 OF ASSISTANT COMMISSIONER, HINDUMADHA DHARMASTAPANA
(RULING) DEPARTMENT, PALAKKAD.
EXHIBIT-P17-TRUE COPY OF THE LETTER NO. 43/1494/2008 DATED 02/02/2009
OF 3RD RESPONDENT ASSISTANT COMMISSIONER.
WP(C).No. 1054 of 2014 (F)
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EXHIBIT-P18-TRUE COPY OF THE PROCEEDINGS NO. M3-5514/2009 DATED
06/07/2010 OF THE 3RD RESPONDENT ASSISTANT COMMISSIONER.
EXHIBIT-P19-TRUE COPY OF THE LETTER DATED 12/02/2013 SENT BY THE
KARANAVAR OF VADAKKETHARA DESOM TO THE MANAGING TRUSTEE.
EXHIBIT-P20-TRUE COPY OF THE MINUTES OF THE MEETING DATED 10/02/2013
IN VADAKKETHARA DESOM HALL CONDUCTED BY KARANAVAR SRI. SETHUMADHAVAN
NAIR AND 21 MEMBERS WERE ATTENDED THE MEETING.
EXHIBIT-P21-TRUE COPY OF THE DULY FILLED IN APPLICATION SUBMITTED BY
SRI.T. MURALEEDHARAN DATED 12/02/2013.
EXHIBIT-P22-TRUE COPY OF THE MINUTES OF THE MEETING OF THE
KIZHAKKETHARA DESOM COMMITTEE MINUTES NO.2/2013 DATED 03/02/2013.
EXHIBIT-P23-TRUE COPY OF THE LETTER REFERENCE NO. KKD/2/2013 DATED
05/02/2013 OF KARAVANAR KIZHAKKETHARA DESOM, KUNISSERY.
EXHIBIT-P24-TRUE COPY OF THE DULY FILLED IN APPLICATION SUBMITTED BY
SRI.T. NARAYANANKUTTY FOR BEING APPOINTED AS TRUSTEE DATED
05/02/2013.
EXHIBIT-P25-TRUE COPY OF THE LETTER NO. PBD 16/64/2013 DATED
18/02/2013 OF THE MANAGING TRUSTREE SREE POOKULANGARA BHAGAVATHY
TEMPLE.
EXHIBIT-P26-TRUE COPY OF THE LETTER REFERENCE NO. KKD/4/2013 DATED
21/10/2013 ISSUED BY THE KARANAVAR KIZHAKKETHARA DESOM TO VARIOUS
AUTHORITIES.
EXHIBIT-P27-TRUE COPY OF THE NOTIFICATION NO. MD/816/203/M.D.B DATED
21/12/2013 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT-P28. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS DATED 15.1.2014.
EXHIBIT-P29. TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT
COMMISSIONER NO.A3/5512/2006 DATED 7.4.2008.
EXHIBIT.P30. TRUE COPY OF THE INFORMATION RECEIVED UNDER RTI ACT
NO.C.A.7013/2013 MDB/RTI DATED 23.1.2014 ALONG WITH ENCLOSURES.
EXHIBIT-P31. TRUE COPY OF DECISION OF THE TRUSTEE BOARD DATED
24.8.2013 REGARDING THE AUCTION HAS BEEN APPROVED BY THE 4TH
RESPONDENT AS PER THE ORDER NO.A3/3781/2013/MDB/(K.Dis) DATED
12.9.2013
EXHIBIT-P32. TRUE COPY OF DECISION OF THE TRUSTEE BOARD DATED
8.10.2013 REGARDING AUCTION HAS BEEN APPROVED BY THE 4TH RESPONDENT
AS PER ORDER NO.A3/5473/2013/MDB/(K.Dis.) DATED 24.10.2013.
EXT.P33. TRUE COPY OF HUNDIAL ASSORTMENT REGISTER ORDER
NO.A3/2492/13/MDB DATED 25.6.2013.
EXT.P34. TRUE COPY OF THE MINUTES OF THE MEETING OF THE TRUSTEE
BOARD DATED 5.1.2014.
WP(C).No. 1054 of 2014 (F)
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EXT.P35. TRUE COPY OF THE MINUTES OF THE MEETING OF TRUSTEE BOARD
HELD ON 5.9.2013.
EXT.P36. TRUE COPY OF THE MINUTES OF THE MEETING OF THE TRUSTEE
BOARD HELD ON 5.4.2013.
EXT.P37. TRUE COPY OF THE PROCEEDINGS OF THE COMMISSIONER IN
R.P.NO.04/2014 DATED 7.5.2014 ON THE SIDE OF THE PETITIONER.
RESPONDENT(S)' EXHIBITS
EXT.R3(a) TRUE COPY OF THE RESOLUTION PASSED BY THE AREA COMMITTEE
DATED 27.6.2014.
/ TRUE COPY /
P.S. TO JUDGE.
P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
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W.P.(C)No.1054 of 2014
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Dated this the 26th day of September, 2014
JUDGMENT
P.N.Ravindran, J.
The petitioners, who are residents of Thekkethara, Vadakkethara and Kizhakkethara desoms of Kunissery Village, Alathur Taluk, Palakkad District, filed this writ petition on 9.1.2014 challenging Ext.P27 notice dated 21.12.2013 issued by the Assistant Commissioner, Malabar Devaswom Board whereby he invited applications from eligible persons for appointment as Non-hereditary Trustees of Sree Pookulangara Bhagavathy Temple Devaswom, Kunissery, Alathur Taluk, Palakkad District. According to the petitioners the temple is being administered by representatives of members of the Nair community residing in Thekkathara, Vadakkethara and Kizhakkethara desoms of Kunissery Village, Alathur Taluk, Palakkad District and therefore, there is no scope for appointing Non-hereditary Trustees. Besides challenging Ext.P27 the petitioners have also prayed for a declaration that the Trustee Board of Sree Pookulangara Bhagavathy Temple, Kunissery, Palakkad is to be constituted only from the nominated representatives of Kizhakkethara, W.P.(C)No.1054 of 2014 -:2:- Vadakkethara and Thekkethara desoms as a matter of long drawn practice and customs existing since 80 to 100 years and they are to be treated as hereditary trustees within the meaning of Section 6(9) of the Madras Hindu Religious and Charitable Endowments Act, 1951. They have also prayed for a writ in the nature of mandamus restraining the Assistant Commissioner, Malabar Devaswom Board, Palakkad from issuing notifications to fill up the vacancies in Trustee Board other than from the members of Nair community drawn from Kizhakkethara, Vadakkethara and Thekkethara desoms.
2. Though several contentions have been raised by either side, it is not in dispute that on a revision petition filed by the petitioners themselves before the Commissioner, Malabar Devaswom Board invoking his revisional jurisdiction under section 18 of the Madras Hindu Religious and Charitable Endowments Act, 1951, by Ext.P37 order dated 7.5.2014 Ext.P27 notice was set aside. In the interregnum, pursuant to the order passed by this Court on 13.1.2014 the petitioners submitted Ext.P28 representation dated 15.1.2014 before the Chairman, Area Committee, Malabar Devaswom Board, Palakkad, wherein they prayed that Sri.T.Muraleedharan and Sri.T.Narayanankutty, who are named in the list submitted by the Desa Karanavanmar, should be appointed as Non-hereditary Trustees. Shortly after Ext.P37 order was passed, the Area Committee W.P.(C)No.1054 of 2014 -:3:- considered the said request and passed Ext.R3(a) resolution dated 27.6.2014, whereby the Area Committee appointed Sri.T.Muraleedharan and Sri.T.Narayanankutty as Non-hereditary Trustees with the observation that it should not be treated as a precedent. The Area Committee also made certain observations therein, which militate against the claim of the petitioners that only the representatives of the Nair community residing in the aforesaid three desoms are entitled to be members of the Trustee Board and that the temple is being administered by the representatives of the named families residing in the aforesaid three desoms.
3. It is not in dispute that canvassing the correctness of Ext.R3
(a) resolution dated 27.6.2014 of the Area Committee, the petitioners have moved a revision petition before the Commissioner, Malabar Devaswom Board and that they have also filed an application before the Deputy Commissioner, Malabar Devaswom Board under section 58 of the Madras Hindu Religious and Charitable Endowments Act, 1951 to frame a scheme for administration and management of the Devaswom. In such circumstances, as Ext.P27 notice is no longer in force and the representatives of Nair community residing in the aforesaid three desoms have been appointed as Non-hereditary Trustees and the dispute is now pending before the Deputy Commissioner in the application for framing a scheme and before the W.P.(C)No.1054 of 2014 -:4:- Commissioner in a revision petition arising from Ext.R3(a) resolution, we are of the opinion that no further orders are required to be passed in the instant writ petition except to keep the contentions of both sides open and to reserve liberty with the petitioners to pursue the application for framing a scheme and the revision petition filed from Ext.R3(a) resolution before the competent authorities and to direct the Commissioner, Malabar Devaswom Board to dispose of the revision petition filed by the petitioners from Ext.R3(a) resolution adopted by the Area Committee expeditiously and in any event within an outer limit of three months from the date of receipt of a copy of this order. Needless to say the Commissioner shall issue notice to and afford all the interested parties an opportunity of being heard.
P.N.RAVINDRAN, Judge.
P.B.SURESH KUMAR, Judge ahg.
P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
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W.P.(C) No.1054 of 2014
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JUDGMENT 26th September, 2014