Kaliyanthil Babu vs The Malabar Devaswom Board ...
2021 Latest Caselaw 22357 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                            &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA,
                          1943
                 WP(C) NO. 17930 OF 2021
PETITIONER:
         KALIYANTHIL BABU, AGED 55 YEARS,
         S/O. LATE T.C.KRISHNA PODUVAL, 'KARALA' TRUSTEE
         OF PAYYANUR SREE SUBRAMANYA SWAMI TEMPLE,
         RESIDING AT KALIYANTHIL HOUSE, MAHADEVAGRAMA,
         PAYYANUR.P.O. KANNUR-670 307
         BY ADV MAHESH V RAMAKRISHNAN
RESPONDENTS:
    1    THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS
         SECRETARY, REPRESENTED BY ITS SECRETARY,
         HOUSEFED COMPLEX, P.O.ERANHIPALAM,
         KOZHIKODE-673 006
    2    THE COMMISSIONER, MALABAR DEVASWOM BOARD,
         HOUSEFED COMPLEX, P.O.ERANHIPALAM,
         KOZHIKODE-673 006
    3    DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,
         HOUSEFED COMPLEX, P.O.ERANHIPALAM,
         KOZHIKODE-673 006
    4    THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM
         BOARD, KASARAGOD DIVISION, P.O.NILESWARAM,
         KASARAGOD-671 314
    5    THE EXECUTIVE OFFICER, PAYYANNUR SREE
         SUBRAHMANIA SWAMI TEMPLE, PAYYANUR P.O.,
         KANNUR-670 307
    6    K.M.VASUDEVAN THIRUMUNP, AGED 43 YEARS
         S/O. SREEKUMARAN THIRUMUNP, KOKKUNNATH MANA,
         RESIDING AT OLAVARA MADHOM, PAYYANUR.P.O.,
         KANNUR-670 307
         BY ADVS. C.MURALIKRISHNAN (PAYYANUR)
         ABRAHAM GEORGE JACOB
         AKSHAY R
         SRI R. LAKSHMINARAYAN - STANDING COUNSEL ,
         MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.17930 of 2021

                                2

                           JUDGMENT

Anil K. Narendran, J.

The petitioner, who is one among the hereditary Trustees

of Payyannur Sree Subrahmanya Swami Temple, Payyannur,

has filed this writ petition under Article 226 of the Constitution

of India, seeking a writ of mandamus commanding the 2 nd

respondent Commissioner of Malabar Devaswom Board to pass

final orders on Ext.P2 complaint dated 28.11.2019 in M.P.No.1

of 2021 in view of Ext.P5 report submitted by the 4 th

respondent and other supporting records, expeditiously, within

a time frame as may be fixed by this Court and after affording

an opportunity of being heard to both parties. The petitioner

has also sought for a writ of mandamus commanding the 2 nd

respondent not to permit the 6th respondent to attend the

meeting of the Board of Trustees of the temple until final

disposal of Ext.P2 complaint. The grievance of the petitioner,

which is highlighted in this writ petition, is an inordinate delay

in disposal of Ext.P2 complaint, which is now pending

consideration before the 2nd respondent.

2. On 07.09.2021, when this writ petition came up for W.P.(C)No.17930 of 2021

admission, the learned Standing Counsel for Malabar

Devaswom Board took notice on admission for respondents 1

to 4. Urgent notice on admission by speed post was ordered to

respondents 5 and 6, returnable within three weeks. The

learned Standing Counsel was directed to get instructions.

3. The 6th respondent has filed a counter affidavit

dated 04.10.2021, raising various legal and factual contentions

including maintainability of Ext.P2 petition made by the

petitioner before the 2nd respondent Commissioner and also

raising the question of locus standi.

4. Today, when the matter is taken up for

consideration, the learned counsel for the petitioner would

submit that since Ext.P2 petition is now listed for consideration

before the 2nd respondent on 17.11.2021, the petitioner may

be permitted to withdraw this writ petition, leaving open the

legal and factual contentions, without prejudice to his right to

prosecute Ext.P2 petition before the 2nd respondent.

5. The learned counsel for the 6 th respondent would

submit that the 6th respondent may be permitted to raise the

legal and factual contentions raised in the counter affidavit

filed on 05.10.2021, before the 2 nd respondent, at appropriate W.P.(C)No.17930 of 2021

stages.

6. The learned Standing Counsel for Malabar

Devaswom Board would submit that the 2nd respondent, while

considering Ext.P2 petition, will certainly deal with the legal

and factual contentions raised by both sides and also the

jurisdictional issue.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is dismissed as

withdrawn, based on the submission made by the learned

counsel for the petitioner; leaving open the legal and factual

contentions by both sides, including the jurisdictional issue.

Sd/-

ANIL K. NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE

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