A.Radhakrishnan Nair vs Malabar Devaswom Board
2021 Latest Caselaw 16730 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
                                       &
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         W.P.(C) NO.16233 OF 2021
PETITIONER:

              A.RADHAKRISHNAN NAIR,
              AGED 69 YEARS, S/O P.K. RADHAKRISHNAN NAMBIAR,
              RTD.HEAD MASTER, HOUSE NO 526-A5,
              WARD NO 13, MADIKAI PANCHAYATH,
              MADIKKAI P.O., KASARGOD.

              BY ADVS.
              M.P.SREEKRISHNAN
              A.MUHAMMED MUSTHAFA



RESPONDENTS:

     1        THE MALABAR DEVASWOM BOARD
              REPRESENTED BY ITS SECRETARY,
              HOUSE FED COMPLEX, ERANJIPALAM P.O.,
              KOZHIKODE-673 006.

     2        THE DEPUTY COMMISSIONER,
              MALABAR DEVSWOM BOARD,
              HOUSE FED COMPLEX,
              ERANJIPALM P.O., KOZHIKODE-673 006.

     3        THE EXECUTIVE OFFICER,
              PUTHUKAI SREE SATHASIVA KSHETRAM,
              PUTHUKAI P.O., KASARGOD DISTRICT-671 314.

     4        BALAKRISNAN T.,
              S/O KUNHIRAMAN,
              PUTHUKAI P.O., VIA NEELESHWARAM,
              KASARGOD DISTRICT-671 314.
 W.P.(C) NO.16233 OF 2021
                               -2-

     5      KUMARAN,
            S/O.AMBU PUTHOORAN, KORATHIKUNNU,
            CHOOTWOM, PUTHUKAI P.O.,
            KASARGOD DISTRICT-671 314.

     6      RAMACHANDRAN,
            S/O.KUNHIKOMMAN, MANDALAM,
            PUTHUKAI P.O.,
            KASARGOD DISTRICT-671 314.

     7      KUNHIKRISHNAN,
            S/O.AMBU, NJEKLIYAN VEEDU,
            VAAZHUNNORODI, PUTHUKAI P.O.,
            KASARGOD DISTRICT-671 314.

     8      MANOJ,
            S/O KUNHIKANNAN NAIR,
            PUTHUKAI P.O., VIA NEELESHWARAM,
            KASARGOD DISTRICT-671 314.

 R1 & R2    SRI.R.LAKSHMI NARAYAN, STANDING COUNSEL,
            MALABAR DEVASWOM BOARD.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) NO.16233 OF 2021
                               -3-

                           JUDGMENT

MURALI PURUSHOTHAMAN, J.

The petitioner states that he along with 5 others belonging

to 5 Thavazhies of Aiykottu Kizhakke Veedu which established

'Puthukkai Sathasiva (Kiradheswara) Kshethram', Kasargod have

preferred an application under Section 58 of the Madras Hindu

Religious and Charitable Endowments Act, 1951 ('the Act' for

short) for framing a scheme for proper administration of the said

religious institution. Ext.P1 application is dated 09.03.2021 and

received by the 2nd respondent on 10.03.2021 as evidenced by

the endorsement on Ext.P1. The petitioner is aggrieved by the

delay in considering and disposing the said application filed

before the 2nd respondent for framing the scheme under Section

58 of the Act.

2. Heard the learned counsel for the petitioner and also

the learned Standing Counsel for Malabar Devaswom Board.

Section 58 of the Act deals with power of Deputy

Commissioner to frame scheme. Since Ext.P1 is filed on W.P.(C) NO.16233 OF 2021

09.03.2021 and received on 10.03.2021 and still pending before

the Deputy Commissioner, this writ petition can be disposed of

with direction for its disposal. Therefore, in the facts and

circumstances of the case, there will be a direction directing the

2nd respondent Deputy Commissioner, Malabar Devaswom Board

to consider and pass orders on Ext.P1 application as per law and

in accordance with the procedure prescribed under the Act and

Rules, expeditiously.

Sd/-

C.T.RAVIKUMAR JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE bpr W.P.(C) NO.16233 OF 2021

APPENDIX OF W.P.(C) NO.16233/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE APPLICATION, DATED 09.03.2021.