Sankaran Namboothiri.K.S vs Travancore Devaswom Board - Tdb
2021 Latest Caselaw 22657 Ker

W.P(C).23005/2021
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
 FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                      WP(C) NO. 23005 OF 2021
PETITIONER/S:

            SANKARAN NAMBOOTHIRI.K.S, AGED 78 YEARS
            S/O SUBRAMANIYAN NAMBOOTHIRI, KAARAKKATTU ILLAM,
            KUDAMALUR KARA, KOTTAYAM-686017.

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


RESPONDENT/S:

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

     2      SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
            KAWDIAR P.O, THIRUVANANTHAPURAM-695003.

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

     4      ASSISTANT DEVASWOM COMMISSIONER, ETTUMANOOR GROUP,
            TRAVANCORE DEVASWOM BOARD, ETTUMANOOR-686562.

     5      SUB GROUP OFFICER, VASUDEVAPURAM DEVASWOM,
            ETTUMANOOR GROUP, TRAVANCOE DEVASWOM BOARD,
            ETTUMANOOR-686562.

     6      TEMPLE ADVISORY COMMITTEE, ERAVEESWARM MAHADEVA
            TEMPLE, KUDAMALOOR P.O, ETTUMANOOR-686562.
            (REPRESENTED BY ITS SECRETARY).


OTHER PRESENT:
 W.P(C).23005/2021
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            SC,C.K PAVITHRAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.11.2021,    THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).23005/2021
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                            JUDGMENT

Petitioner claims to be the Kudumba Mooppan of Kaarakkattu

Illam. Petitioner and the members of Kaarakkattu Illam submitted

Ext.P2 consent to the third respondent to appoint one Sujith

Namboothiri as Karayma Nominee of the Illam in Eraveeswaram

Temple for the time being. The continuation of Sujith Namboodiri as

a Karayma Nominee of the Kaarakkattu Illam was during the period

when no male member in the family had attained the age of majority

for performing the Santhi of the temple. Without considering it, fifth

respondent issued Ext.P7.

2. Having considered this, I am inclined to direct the third

respondent to pass appropriate orders on Ext.P2 on the basis of

Exts.P4 to P7 within a period of two months from the date of receipt

of a copy of this judgment, after giving a reasonable opportunity of

being heard to the petitioner and the interested parties, either

physically or through virtual mode.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).23005/2021

APPENDIX OF WP(C) 23005/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 28/10/2019 ISSUED BY VILLAGE OFFICER, AYMANAM STATING THAT THE PETITIONER IS KUDUMBA MOOPPAN OF KAARAKKATTU ILLAM.

Exhibit P2 TRUE COPY OF THE CONSENT OF THE FAMILY MEMBERS OF KARKKATTU ILLAM SUBMITTED IN THE STAMP PAPER DATED 19.10.2019 TO THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 28/03/2016 FOR THE SAME ISSUED BY K.N.KRISHNAN NAMBOOTHIRI, THANTHRI, KADIYAKKOL.

Exhibit P4 TRUE COPY OF THE LETTER DATED 13.12.2019 SENT BY 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 31.08.2021 SUBMITTED BY PETITIONER IN STAMP PAPER TO THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 31.08.2021 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE COMMUNICATION OF 5TH RESPONDENT DATED 10.10.2021.

Exhibit P8 TRUE COPY OF THE MASS PETITION DATED 20.09.2021 SUBMITTED BY DEVOTEES BEFORE THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE REQUEST DATED 15.09.2021 SUBMITTED BY 6TH RESPONDENT TO THE 4TH RESPONDENT.