Kerala High Court
Pankajakshan M vs Malabar Devaswom Board on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 14149 OF 2021
PETITIONER/S:
PANKAJAKSHAN.M,AGED 58 YEARS
S/O. LATE MADHAVAN NAIR, ATTANGATTU HOUSE
ERANHIKKAL PO, MOKAVOOR, KOZHIKODE
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
1 MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
HOUSEFED COMPLEX, ERANHIPPALAM,
KOZHIKODE 673 006
2 THE COMMISSIONER, MALABAR DEVASWOM BOARD
HOUSEFED COMPLEX, ERANHIPPALAM,
KOZHIKODE 673 006
3 THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,
MALAPPURAM DIVISION, CIVIL STATION,
KOZHIKODE 673 020
4 THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM
BOARD, KOZHIKODE DIVISION, KOZHIKODE - 673 001
5 EXECUTIVE OFFICER, KAMBURATH BHAGAVATHI DEVASWOM
MOKAVOOR PO, ERANHIKKAL, KOZHIKODE 673 033
6 N.VINODKUMAR, S/O. RAMANUNNI NAIR, KARTHIKA,
ERANJIKKAL PO, MOKAVOOR, KOZHIKODE -673 033
7 SWARAJ M.K., S/O. PADMANABHAN NAMBIAR,
MAVATTANKANDI HOUSE
MOKAVOOR PO, ERANHIKKAL, KOZHIKODE - 673 33
-2-
W.P.(C) No. 14149 of 2021
8 N.P. PADMANABHAN, THEERTHAM, WEST HILL PO
KOZHIKODE - 673 005
9 V.P. MANOJ, VADAKKEPAPPINI,
ERANJIKKAL MOKAVOOR PO
KOZHIKODE 673 033
10 REGHUNATHAN P. S/O. NARAYANAKURUP
ERANHIKKAL, MOKAVOOR PO, KOZHIKODE 673 033
11 PUSHPARAJAN O., S/O. UNNNINAIR V.
HARITHAM HOUSE, ERANHIKKAL, MOKAVOOR PO,
KOZHIKODE 673 033
12 SURESAN N.T S/O. RAGHAVAN,
NAMBOL THAZHATH HOUSE
ERANHIKKAL MOKAVOOR PO, KOZHIKODE 673 033
13 SIVANANDAN ERADI, PARAMPARYA TRUSTEE,
KAMBURATH BHAGAVATHI, DEVASWOM, (CHAIRMAN,
TRUSTEE BOARD), MOKAVOOR PO
ERANHIKKAL, KOZHIKODE 673 033
14 MANOHARAN ERADI, PARAMPARYA TRUSTEE,
KAMBURATH BHAGAVATHI, DEVASWOM, MOKAVOOR PO,
ERANHIKKAL, KOZHIKODE 673 033
15 GOVINDAN ERADI, PARAMPARYA TRUSTEE,
KAMBURATH BHAGAVATHI
DEVASWOM, MOKAVOOR PO, ERANHIKKAL,
KOZHIKODE 673 033
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C) No. 14149 of 2021
JUDGMENT
Ravikumar, J.
The petitioner filed this writ petition virtually seeking an
expeditious disposal of Ext.P4 appeal filed under Section 61 of
the HR & CE Act. Pending the appeal, he was issued with Ext.P6
and the petitioner virtually seeks an order to keep Ext.P6 in
abeyance pending consideration of the appeal.
2. Heard the learned counsel appearing for the
petitioner and also the learned Standing Counsel appearing for
Malabar Devaswom Board.
3. The facts revealed from the pleadings in this writ
petition are that as against an order passed in OA No.22 of 2016
dated 23.11.2019, the petitioner herein filed a statutory appeal
under Section 61 of the HR & CE Act. The learned counsel for the
petitioner would submit that it is the issuance of Ext.P6 pending
the said appeal that constrained the petitioner to approach this
Court by filing the captioned writ petition with the following
prayers and interim prayer:
"(i) To issue a writ of mandamus or any other
W.P.(C) No. 14149 of 2021
appropriate writ order or direction directing the 2 nd
respondent to consider Ext.P4 appeal (AP 3/21)
within a time frame to be fixed by this Hon'ble Court
and further proceeding pursuant to Ext.P6 may be
deferred until then'
(ii) To issue a writ of mandamus or any other
appropriate writ order or direction directing the 2 nd
respondent to consider the interim application for
injunction filed along with the appeal and produced
as Ext.P5 (IA 21/21 in AP 3/21) and produce and along
with appeal within a time frame to be fixed by this
Hon'ble Court and Ext.P6 may be kept in abeyance
until then."
Interim Relief
For the reasons stated in the Memorandum of
Writ Petition and accompanying affidavit, it is
humbly prayed that this Hon'ble Court may be
pleased to stay all further proceeding pursuant to
Ext.P6 pending disposal of the Writ petition (C)."
The indisputable fact is that Ext.P4 appeal was filed only on
29.06.2021. True that it is thereafter Ext.P6 order dated
01.07.2021 was passed. The petitioner do not have a case that
Ext.P6 is absolutely unconnected with the issues involved in
Ext.P4 appeal. Taking note of the pendency of the appeal, we are
of the view that we will not be justified in entertaining any
grievance against ExtP6 in this proceedings. It is clear that even
though the appeal is dated 16.06.2021 it was filed only on
29.06.2021 along with Ext.P5 application for interim relief. In
W.P.(C) No. 14149 of 2021
such circumstances, the petitioner has no justification in
approaching this Court with prayer to seek a direction to
consider Ext.P4 appeal. At any rate, we do not propose to make
any observation touching the issues pending before the appellate
authority in Ext.P4 appeal or with respect to the grievances or
contentions raised by the petitioner in Ext.P6 appeal. We are of
the view that the petitioner may have to move the appellate
authority in case Ext.P6 is also a matter having connection with
the issues involved in Ext.P4 appeal. Without prejudice to the
right of the petitioner to do so, and observing that we have not
made any observation touching the merits of the issues involved,
this writ petition is dismissed.
Sd/-
C.T.RAVIKUMAR
Judge
Sd/-
MURALI PURUSHOTHAMAN
Judge
das
W.P.(C) No. 14149 of 2021
APPENDIX
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED
21.02.2017 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER IN OA
22/2016
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED
13.04.2018 NOTICE ISSUED BY THE 3RD
RESPONDET TO THE PETITIONER IN OA
22/2016
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED IN OA
22/2016 DATED 23.11.2019
EXHIBIT P4 TRUE COPY OF THE APPEAL No.3/2021
DATED 16.06.2021 SUBMITTED BEFORE THE
2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR
INTERIM RELIEF FILED ON 29.06.2021
ALONG WITH THE APPEAL AND NUMBERED AS
IA 21/21
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.A3-
90/2021/MDB DATED 01.07.2021 OF THE
4TH RESPONDENT
