P.P.Kunhambu Nambiar vs The Malabar Devaswom Board
2021 Latest Caselaw 5964 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.4298 OF 2021(J)


PETITIONER:

      1        P.P.KUNHAMBU NAMBIAR,
               AGED 88 YEARS
               S/O. KANNAN NAMBIAR, HEREDITARY TRUSTEE OF SREE
               NADUVIL VELLAD DEVASWOM, PAPPINISSERY PUTHIYAVEETIL,
               NADUVIL P.O,
               NEW NADUVIL, KANNUR
               PIN- 670 582

      2        P.P SIVAPRAKASHAN,
               AGED 60 YEARS
               S/O. KARUNAKARAN VAIDYAR, PAPPINISSERY PUTHIYAVEETIL,
               NADUVIL P.O, NEW NADUVIL,
               KANNUR PIN-670 582

               BY ADV. SRI.MAHESH V RAMAKRISHNAN

RESPONDENTS:

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

      2        DEPUTY COMMISSIONER
               MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O
               ERANHIPALAM, KOZHIKODE
               PIN-673 006

      3        THE ASSISTANT COMMISSIOENR,
               MALABAR DEVASWAM BOARD, NILESHWARAM P.O, KASARGOD
               PIN-671 314

      4        THE EXECUTIVE OFFICER,
               SREE NADUVIL VELLAND DEVASWOM,
               P.O NADUVIL, KANNUR
               PIN-670 582




               BY ADV. SRI.R.LAKSHMINARAYAN,SC
 WP(C).No.4298 OF 2021(J)        2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4298 OF 2021(J)                      3




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                              W.P(c) No. 4298 of 2021-J
                    ----------------------------------------------------
                     Dated this the 18th day of February, 2021

                                   JUDGMENT

Petitioners are aggrieved by the delay in passing orders on Ext.P6 application

submitted by the 1st petitioner for extension of appointment of the 2 nd petitioner as a fit

person. It is stated that Ext.P6 application was submitted as early as on 23.09.2020

before the 2nd respondent. The petitioners have also a grievance against Ext.P7

proceedings for appointment as Non-Hereditary Trustees stating that it would not be

possible to constitute the Board of Trustees in the absence of a fit person. However, the

main grievance of the petitioners is on the delay in passing orders on Ext.P6 and that

appointment of non-hereditary trustees are by separate proceedings.

2. Heard Sri Lakshmi Narayan, the learned standing counsel also.

The Writ Petition is therefore disposed of with a direction to the 2nd respondent to

pass orders on Ext.P6 application within a period of three weeks from the date of receipt

of a copy of this judgment.

SD/-

(P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 04-11-1957 IN O.A 2 OF 1957 OF THE DEPUTY COMMISSIONER (HR AND CE ADMN) DEPT. KOZHIKODE

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 06-10-1987 IN O.A NO. 1/87 OF THE DEPUTY COMMISSIONER (HR AND CE ADMN) DEPT. KOZHIKODE

EXHIBIT P3 TRUE COPY OF THE ORDER NO. D.DIS A1/1319/06 DATED 23-08-2006 OF THE PROCEEDINGS OF THE DEPUTY COMMISSIONER, HR AND CE (ADMN) DEPT., KOZHIKODE

EXHIBIT P4 TRUE COPY OF THE ORDER NO. A4-404/16/MDB (K.DIS)(1) DATED 04-10-2016, OF THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD

EXHIBIT P5 TRUE COPY OF THE ORDER NO. A4-

109/18/MDB(K.DIS) (1) DATED 07-03-2018 OF THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 23-09-

2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE NOTIFICATION NO. A3-

55/2021/MDB(4) DATED 13-01-2021 ISSUED BY THE 3RD RESPONDENT.