Krishnakumar vs Malabar Devaswom Board
2021 Latest Caselaw 18384 Ker

WP(C) No.18106/2021                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR. JUSTICE SUNIL THOMAS
            Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
                            WP(C) NO. 18106 OF 2021(K)
   PETITIONER:

          KRISHNAKUMAR, AGED 25 YEARS, S/O.UNNIKRISHNAN, PUTHANVEETTIL (H),
          MAYANNUR, PALAKKAD DISTRICT, PIN 679 105.

   RESPONDENTS:

      1. MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM, KOZHIKODE,
         KERALA 673 006, REP.BY ITS COMMISSIONER.
      2. THE EXECUTIVE OFFICER, SREE ANTHIMAHAKALAN DEVASWOM KEEZHEDAM, SREE
         CHERUMBATTA BHAGAVATHI TEMPLE, CHERAMBATTAKAVU (P.O.), KOTHAKURUSSI,
         PALAKKAD DISTRICT PIN 679 505.
      3. MOHANDASANUNNI, TRUSTEE, SREE ANTHIMAHAKALAN DEVASWOM KEEZHEDAM,
         SREE CHERUMBATTA BHAGAVATHI TEMPLE, CHERAMBATTAKAVU (P.O.),
         KOTHAKURUSSI, PALAKKAD DISTRICT PIN 679 505.
      4. VALLOOR RAMAKRISHNAN, CHAIRMAN, AREA COMMITTEE, MALABAR DEVASWOM
         BOARD,             PALAKKAD, PIN 678 001.
      5. O. RAMU, MEMBER, AREA COMMITTEE, MALABAR DEVASWOM BOARD, PALAKKAD
         PIN 678 001.
      6. KRISHNAKUMAR, MEMBER, AREA COMMITTEE, MALABAR DEVASWOM BOARD,
         PALAKKAD. PIN 678 001.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all proceedings pursuant to Exhibit P-1 during the
   pendency of the above writ petition in the interest of justice.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.RANJIT BABU & POOJA K.S., Advocates for the petitioner and of SRI. R.
   LAKSHMI NARAYAN, Advocate for respondent 1, the court passed the
   following:-
 WP(C) No.18106/2021                           2/3



                                           ORDER

Adv. R. Lakshmi Narayan takes notice on admission for R1. Issue notice to R2 and R3 by speed post. The learned Counsel for the petitioner specifically relied on Section 48 of the Madras Hindu Religious and Charitable Endowment Act, 1951 coupled with the decision of the Division Bench of this Court in Malabar Devaswom Hereditory Trustees Welfare Association V State of Kerala and others (2016 KHC 4501). According to the learned Counsel for R1, recently, in Writ Appeal No. 35/2021 this court though did not over rule that judgment, has distinquished on facts. Put up with a copy of the Writ Appeal judgment. In the meanwhile, if appointment has not been made to the notified post, the persons selected may not be posted till 10-09-2021. Post on 10-09-2021.

                                                    Sd/- SUNIL THOMAS JUDGE




07-09-2021                      /True Copy/                               Assistant Registrar
 WP(C) No.18106/2021                 3/3

                       APPENDIX OF WP(C) 18106/2021
Exhibit P1            THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE MANAGER
                      OF THE TEMPLE DATED 5.10.2019