Narayanan Nair K.K vs Malabar Devaswom Board
2021 Latest Caselaw 12058 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

                              &

              THE HONOURABLE MR.JUSTICE K. BABU

 FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                  WP(C).No.9863 OF 2021(G)


PETITIONER/S:

             NARAYANAN NAIR K.K.,
             S/O.KONTHUNNI NAIR,
             KIZHAKKEKARA, KARIMPUZHA-1,
             KOTTAPPURAM POST,
             PALAKKAD DISTRICT-679 513.

             BY ADV. SRI.K.T.SHYAMKUMAR

RESPONDENT/S:

     1       MALABAR DEVASWOM BOARD,
             REPRESENTED BY ITS COMMISSIONER,
             HOUSEFED COMPLEX,
             ERANHIPALAM P.O.,
             KOZHIKODE-673 006.

     2       ASSISTANT COMMISSIONER,
             MALABAR DEVASWOM BOARD,
             CIVIL STATION,
             PALAKKAD-678 001.

     3       CHAIRMAN,
             TRUSTEE BOARD,
             SREE THIRUVILAYANAD BHAGAVATHY DEVASWOM,
             KOTTAPPURAM POST,
             PALAKKAD-679 513.
 W.P.(C) No.9863 of 2021         2




       4       EXECUTIVE OFFICER,
               SREE THIRUVILAYANAD BHAGAVATHY DEVASWOM,
               KOTTAPPURAM POST,
               PALAKKAD-679 513.



               BY SMT.R.LAKSHMI NARAYAN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 16.04.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.9863 of 2021
                                                  3




                            P.B.SURESH KUMAR & K.BABU, JJ.
                           -----------------------------------------------
                                  W.P.(C) No.9863 of 2021
                           -----------------------------------------------
                          Dated this the 16th day of April, 2021.


                                        JUDGMENT

P.B.Suresh Kumar, J.

Petitioner is a devotee of Sree Thiruvilayanad Bhagavathy,

a Temple located at Kottappuram in Palakkad District. The Temple is in

the administration of Malabar Devaswom Board. It is stated by the

petitioner that the santhi and rituals in the Temple are performed by

members of Kottappuram Kulangara Nair family. It is also stated by

the petitioner that since there are no willing members in the said

family to perform Santhi and rituals in the Temple, it is obligatory for

respondents 3 and 4 to make alternative arrangements by engaging a

proper Brahmin Santhi, in consultation and concurrence with the

Thantri of the Temple. It is alleged that instead, the fourth

respondent has inducted strangers who are not Brahmins to perform

Santhi and rituals in the Temple. The petitioner, therefore, preferred

Ext.P1 representation before the second respondent pointing out the

said grievance. It is alleged by the petitioner that Ext.P1 is not being W.P.(C) No.9863 of 2021

considered by the second respondent. The petitioner therefore, seeks

appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner as also the

learned Standing Counsel for the first respondent Malabar Devaswom

Board.

3. When the matter was taken up, the learned counsel for

the petitioner only pressed for an order directing the second

respondent to consider and pass orders on Ext.P1 representation.

4. Having regard to the facts and circumstances, we are of

the view that the writ petition can be disposed of directing the second

respondent to consider and pass orders on Ext.P1 with notice to the

petitioner and respondents 3 and 4. Ordered accordingly. This shall be

done within three weeks.

Sd/-

P.B.SURESH KUMAR, JUDGE

Sd/-

K.BABU, JUDGE.

tgs W.P.(C) No.9863 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MASS PETITION DATED 23.03.2021 SUBMITTED BY PETITIONER AND OTHER LOCAL RESIDENTS BEFORE THE 2ND RESPONDENT.