Kerala High Court
P.Vinod vs State Of Kerala on 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
WP(C).No.28608 OF 2020(A)
PETITIONER:
P.VINOD,
AGED 48 YEARS,
S/O RAJAN,
PATHROLI VEEDU, VETTOM P.O.,
THIRUR TALUK, MALAPPURAM DISTRICT-676 102.
BY ADVS.
SRI.K.P.BALAGOPAL
SRI.M.P.PRABHAKARAN (PALAKKAD)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE MALABAR DEVASWOM BOARD,
REPRESENTED BY THE COMMISSIONER,
HOUSE FED COMPLEX, ERANHIPALAM,
KOZHIKODE-673 006.
3 VYRANKODE SREE BHAGAVATHY DEVASWOM,
REPRESENTED BY EXECUTIVE OFFICER,
VYRANKODE, TIRUR, MALAPPURAM-676 301.
4 MURALEEDHARAN,
MANAGER,
SREE VYRAMKODE BHAGAVATHY DEVASWOM,
VYRAMKODE, TIRUR TALUK,
MALAPPURAM DISRICT-676 301.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.28608 of 2020
2
JUDGMENT
Ravikumar, J.
The petitioner who is a devotee of Sree
Vyramkode Bhagavathy Temple in Tirur taluk of
Malappuram District, filed the writ petition mainly
seeking issuance of writ of mandamus commanding
the 1st respondent to consider Exhibit P3 and pass
appropriate orders thereon. Evidently he is also
aggrieved by the inaction on the part of the 1 st
respondent to take up and pass appropriate orders on
Exhibit P2, which is a report submitted by the
Commissioner of Malabar Devaswom Board.
Presently, the temple is under the control of the 2 nd
respondent, the Malabar Devaswom Board and it is an
"A" grade temple.
2. It is the contention that the average monthly
income of the temple is about Rs.15,00,000/-. The
pleadings in the writ petition and Exhibit P3 would
W.P.(C) No.28608 of 2020
reveal that he is alleging malpractices and corruption
in the administration of the temple, including illegal
appointment of the manager and further
appointments effected by that illegally appointed
manager. It is evident from Exhibit P2, which is a
report submitted by the Commissioner of Malabar
Devaswom Board dated 22-04-2017, that he had also
noticed certain serious irregularities in the matter of
administration of the temple.
3. We are of the considered view that when
such irregularities were already brought to the notice
of the Government by the Commissioner of Malabar
Devaswom Board and when no further action was
seen taken thereon, Ext.P3 representation requires a
serious consideration.
4. In the said circumstances, taking into
account the pendency of Exhibit P3 representation
before the 1st respondent, we dispose of this writ
W.P.(C) No.28608 of 2020
petition with a direction to the 1st respondent to
consider Exhibit P3, as expeditiously as possible, with
notice to persons/persons likely to be affected by an
order thereon. Needless to say that while considering
Exhibit P3, the 1st respondent shall also take up
Exhibit P2, if it is received and pending, and pass
appropriate orders, after giving due attention to the
irregularities noted in Exhibit P2 as well. Such
considerations shall be done within two months from
the date of receipt of copy of this judgment.
The writ petition is disposed as above.
Sd/-
C.T. RAVIKUMAR
JUDGE
Sd/-
K. HARIPAL
JUDGE
SSK/27/01
W.P.(C) No.28608 of 2020
APPENDIX
PETITIONER'S ANNEXURES:
EXHIBIT P1 TRUE COPY OF THE REPORT DATED 5/7/2013
FILED BY THE DEPUTY COMMISSIONER
9ADMINISTRATION) MALABAR DEVASWOM BOARD
OBTAINED UNDER RIGHT TO INFORMATION ACT
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 22.4.2017
SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST
RESPONDENT OBTAINED BY THE PETITIONER UNDER
RIGHT TO INFORMATION ACT
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
14.1.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
SSK/27/01 //TRUE COPY// P.A. TO JUDGE
