Kuttiettan Raja P.C vs State Of Kerala
2021 Latest Caselaw 4390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.2961 OF 2021(U)


PETITIONERS:

      1        KUTTIETTAN RAJA P.C.,
               AGED 92 YEARS,
               S/O. NARAYANA NAMBUDIRI, ERALPADU RAJA, AMBADI,
               NEDUNGADI CORNER, MANKAVU, KOZHIKODE-673 007.

      2        KRISHNAVARMA RAMA P.C.,
               AGED 74 YEARS,
               S/O. K.VISHNU NAMBUDIRI, CHITRA VENMADHAM,
               MANKAVU KOVILAKAM, MANKAVU, KOZHIKODE-673 007.

      3        RAVINDRA VARMA RAJA K.C.,
               AGED 63 YEARS,
               SAUPARNIKA, MANKAVU HOUSING COLONY, CHALIYIL,
               MANKAVU, KOZHIKODE-673 007.

      4        SASIDHARANRAJA P.K.,
               AGED 62 YEARS,
               S/O. K.V.RAJA, OPPO. TRISSALA BHAGAVATHI TEMPLE,
               MANKAVU, KOZHIKODE-673 007.

               BY ADVS.
               SRI.SANTHEEP ANKARATH
               SRI.J.RAMKUMAR

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               DEPARTMENT OF DEVASWOM, HR & CE (ADMINISTRATION),
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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


      3        DEPUTY COMMISSIONER,
               MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
               ERANHIPALAM P.O., KOZHIKODE-673 006.
 WP(C).No.2961 OF 2021(U)

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      4      EXECUTIVE OFFICER,
             ERALPADU RAJA GROUP OF DEVASWOM,
             MANKAVU, KOZHIKODE-673 007.


             BY ADVS. SRI.LAKSHMI NARAYAN, SC
                      SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2961 OF 2021(U)

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                            JUDGMENT

Aggrieved by Ext.P1 Scheme framed

by the 3rd respondent as early as on

05.01.1991, petitioners have submitted

Ext.P3 petition under Section 58(6) of the

Madras Hindu Religious and Charitable

Endowments Act on 23.01.2021. Petitioners

seek a direction to the 3rd respondent to

pass orders on the same.

2. I heard the learned counsel for the

petitioner and learned Standing Counsel for

the respondents, who pointed out that in

order to dispose of a statutory petition it

would take time, as evidence would have to

be adduced.

Therefore the writ petition is

disposed of with a direction to the 3rd

respondent to take up Ext.P3 petition and WP(C).No.2961 OF 2021(U)

to finalise the same, in accordance with

law, after affording sufficient opportunity

to all the parties concerned, as

expeditiously as possible.

Sd/-

P.V.ASHA JUDGE

ww WP(C).No.2961 OF 2021(U)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SCHEME FRAMED BY THE DEPUTY COMMISSIONER, HR & CE (ADMN.) DEPARTMENT, KOZHIKODE DATED 5.1.1991.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 20.10.2017 IN WP(C) NO.17285/2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF PETITION DATED 23.1.2021 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.