Arun G. Nair vs Travancore Devaswom Board
2021 Latest Caselaw 22420 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 24471 OF 2021
PETITIONER/S:

           ARUN G. NAIR
           AGED 41 YEARS
           S/O GOPALAKRISHNAN NAIR, THONDALIL VEEDU,
           KANNIMEL, PATTAZHY,
           PATHANAPURAM TALUK,
           KOLLAM-691522.

           BY ADVS.
           D.AJITHKUMAR
           HARSHA S. NAIR
           T.MANASY



RESPONDENT/S:

     1     TRAVANCORE DEVASWOM BOARD
           REPRESENTED BY ITS SECRETARY, NATHANCODE, KAWDIAR P.O,
           THIRUVANANTHAPUAM-695003.

     2     SECRETARY, TRANVANCORE DEVASWOM BOARD, NATHANCODE,
           KAWDIAR P.O, THIRUVANANTHAPUAM-695003.

     3     DEVASWOM COMMISSIONER
           TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR P.O,
           THIRUVANANTHAPURAM-695003.

     4     ASSISTANT DEVASWOM COMMISSIONER
           KOTTARAKKARA GROUP, TRAVANCORE DEVASWOM BOARD,
           KOTTARAKKARA-691506.

     5     SUB GROUP OFFICER
           PATTAZHY DEVAWOM, TRAVANCORE BOARD, PATHANAMTHITTA TALUK,
           KOLLAM-691522.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24471 OF 2021
                                    2



                            JUDGMENT

The petitioner claims to be a member of "Thondalil

Veedu' family, which has Kazhakom right in the

Thekkenada, Puthanambalam of the Pattazhi Devaswom.

Shri.K.Gopalakrishnan claims to be a kudumbamoopan,

submitted Ext.P4 application stating that since the petitioner

is his nephew, he may be appointed as Kazhakom in the

above said Devaswom. It is also claimed that family

members of the Thondalil veedu submitted Ext.P5 consent to

appoint the petitioner as the Kazhakom. The grievance of

the petitioner is that though Ext.P4 application followed by

Ext.P8 representation were submitted, no action has been

taken thereon, in spite of considerable delay. The petitioner

has approached this court lamenting delay in disposal of

Exts.P4 application and P8 representation.

2. Having heard the learned counsel for the petitioner

and the learned standing counsel for the Devaswom, who WP(C) NO. 24471 OF 2021

vehemently disputed the claim of the petitioner as the

member of Thondalil veedu, I feel that the entire issues

liable to be decided by a proper decision on Exts.P6 to P8.

Having considered this, I am inclined to dispose of the writ

petition itself, by directing the first respondent to take final

decision on Exts.P6 to P8, having regard to Exts.P4 and P5

also and pass appropriate orders on merits, after giving a

reasonable opportunity of being heard to the petitioner and

all parties concerned either physically or online, within two

months from the date of receipt of a copy of this judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 24471 OF 2021

APPENDIX OF WP(C) 24471/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 10.04.2018 IS ISSUED BY THE TAHSILDAR OF PATHANAPURAM.

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 06.07.2019 SHOWING THAT THE PETITIONER IS THE NEPHEW OF KUDUMBAMOOPPAN SHRI.K.G.GOPALAKRISHNAN ISSUED BY VILLAGE OFFICER OF PATTAZHI.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 28.10.2007 ISSUED BY ADMINISTRATIVE OFFICER OF PATTAZHI DEVASWOM.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 29.05.2018 IN STAMP PAPER GIVEN BY KUDUMBAMOOPAN SHRI.K.GOPALAKRISHNAN TO THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE CONSENT IN STAMP PAPER GIVEN BY FAMILY MEMBERS IN THE THONDALIL VEEDU TO APPOINT THE PETITIONER AS KAZHAKOM TO THE 5TH RESPONDENT DATED 06.07.2019.

Exhibit P6 TRUE COPY OF THE UNDATED REPRESENTATION GIVEN BY PETITIONER TO THE 5TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE UNDATED REPRESENTATION TO THE 5TH RESPONDENT GIVEN BY KUDUMBAMOOPPAN SHRI.K.GOPALAKRISHNAN.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 05.10.2021 GIVEN BY PETITIONER TO THE 1ST RESPONDENT BOARD.