Citation : 2021 Latest Caselaw 19899 Ker
Judgement Date : 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
W.P.(C) NO.18231 OF 2021
PETITIONER:
A.P.SUBRAMANIAN,
AGED 74 YEARS,
S/O.LATE PARAMESWARA IYER, DWARAKA, PERUMAL KOVIL GRAMAM,
KOLLANGODE VILLAGE, PALAKKAD DISTRICT-678 506.
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
MANU VYASAN PETER
RESPONDENTS:
1 THE MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
MINI BYPASS ROAD, ERANHIPPALAM, KOZHIKODE-673 006.
2 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, KOZHIKODE, HOUSEFED COMPLEX,
MINI BYPASS ROAD, ERANHIPPALAM, KOZHIKODE-673 006.
3 THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD, PALAKKAD, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD-678 013.
4 THE INSPECTOR, MALABAR DEVASWOM BOARD, PALAKKAD,
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678 013.
5 THE SENIOR SUPERINTENDENT,
VERIFICATION OF JEWELS & VALUABLES, PALAKKAD,
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678 013.
W.P.(C) NO.18231 OF 2021
2
OTHER PRESENT:
SRI R.LAKSHMI NARAYAN-STANDING COUNSEL,
MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.18231 OF 2021
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Perumal Kovil and a
villager of Perumal Kovil Village at Kollengode in Palakkad
District has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus
commanding respondents 1 to 4 to implement Ext.P2 order
in O.A. No.5 of 2014 approved by the Deputy
Commissioner, Malabar Devaswom Board, Kozhikode and
conduct election to the Board of Trustees of Sree Perumal
Kovil Devaswom pursuant to Ext.P7 notice dated
16.09.2019 published by the Devaswom, within a time
frame to be fixed by this Court.
2. On 08.09.2021, when this writ petition came up
for admission, the learned Standing Counsel for the Malabar
Devaswom Board sought time to get instructions.
3. Heard the learned counsel for the petitioner and
also the learned Standing Counsel for the Malabar
Devaswom Board for the respondents. W.P.(C) NO.18231 OF 2021
4. The learned counsel for the Malabar Devaswom
Board, on instructions, would submit that the Area
Committee vide decision No.37/2 decided to conduct
election to the Board of Trustees of the Perumal Kovil
Devaswom on 05.10.2021, and based on that decision
election is scheduled to be held on 05.10.2021.
In such circumstances, the writ petition is disposed of
by recording the fact that, based on the aforesaid decision
of the Area Committee, election to the Board of Trustees of
the Perumal Kovil Devaswom is scheduled to be held on
05.10.2021.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
MIN W.P.(C) NO.18231 OF 2021
APPENDIX OF WP(C) 18231/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED IN OA NO.5 OF 2014 OF THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKDOE.
Exhibit P2 TRUE COPY OF THE ORDER IN OA NO.05 OF 2014 BY THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BAORD, KOZHIKODE.
Exhibit P2 A TRUE COPY OF THE GENERAL NOTIFICATION PUBLISHED IN THE PALAKKAD DISTRICT GAZETTE.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO.9164 OF 2010 OF THIS HON'BLE COURT.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.818 OF 2019 OF THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF IA NO.1 OF 2019 IN WPC NO.818 OF 2019 ON THE FILE OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE ORDER IN IA NO.1 OF 2019 IN WPC NO.818 OF 2019 ON THE FILE OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE NOTICE PUBLISHED BY THE MALABAR DEVASWOM BOARD.
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