Kerala High Court
N.V.Kunhikrishnan Nambiar vs State Of Kerala on 6 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944
WP(C) NO. 28033 OF 2017
PETITIONER:
N.V.KUNHIKRISHNAN NAMBIAR, AGED 52 YEARS,
S/O.POTHERA KANNAN NAMBIAR, ABHAYAM, VELLAVU,
KUTTERI PO, THALIPARAMBA, KANNUR DISTRICT, PIN-
670142.
BY ADVS.SRI.P.R.SREEJITH
SMT.MAYA CHANDRAN
SRI.M.PROMODH KUMAR
SRI.K.B.SAJEESH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS
COMMISSIONER AND SECRETARY, HOUSEFED COMPLEX,
ERANHIPPALAM P.O.,KOZHIKODE-673006.
3 THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM
BOARD,KASARAGOD DIVISION, NELESHWAR
P.O.,KASARGOD-671314.
4 THE EXECUTIVE OFFICER, SREE VELLAVUKAVU
DAKSHINAMOORTHY KSHETRAM, VELLAVU, THALIPPARAMBA
TALUK, KANNUR DISTRICT-670141.
R BY SR.GOVT.PLEADER SRI.S.RAJMOHAN
BY SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No.28033 of 2017
JUDGMENT
Anil K. Narendran, J.
The petitioner, who was appointed as non-hereditary
trustee of Sree Vellavukavu Dakshinamoorthy Kshetram in
Thalipparamba Taluk under the Kasaragod Division Area
Committee of Malabar Devaswom Board, has filed this writ
petition under Article 226 of the Constitution of India, seeking
a writ of certiorari to quash Clause 3 of Ext.P5 Bill, namely,
the Madras Hindu Religious and Charitable Endowments
(Amendment) Bill, 2017, passed by the Kerala Legislative
Assembly insofar as it removes the appointees under Sections
13 and 39 of the Madras Hindu Religious and Charitable
Endowments Act, 1951, as arbitrary, illegal and
unconstitutional. The petitioner has also sought for a
declaration that the term of office of persons appointed under
Sections 13 and 39 of the aforesaid Act will not be adversely
affected by Clause 3 of Ext.P5 Bill. The further relief sought
for is a declaration that the petitioner is entitled to continue in
office as Chairman and non-hereditary trustee for the full term
for which he was appointed as per Ext.P1 order dated
12.08.2016 issued by the 3rd respondent Assistant Devaswom
W.P.(C). No.28033 of 2017
Commissioner.
2. On 24.08.2017, when this writ petition came up for
admission, the learned counsel for the petitioner submitted
that similar matter, i.e., W.P.(C)No.26214 of 2017, has already
been admitted and an interim order has also been granted.
Therefore, this Court admitted the matter on file and issued
urgent notice to the 4 th respondent by speed post returnable
within two weeks. The learned Government Pleader took
notice for the 1st respondent and the learned Standing
Counsel took notice for respondents 2 and 3. This Court
granted an interim order staying the operation of Clause 3 of
Ext.P5 Bill, thereby permitting the petitioner to continue in
office, for a period of three months. The said interim order
was not extended further.
3. Today, when the matter is taken up for
consideration, the learned Senior Government Pleader and
also the learned Standing Counsel for Malabar Devaswom
Board would point out that the term of the petitioner as non-
hereditary trustee of Sree Vellavukavu Dakshinamoorthy
Kshetram, Thaliparamba had already expired and a new
W.P.(C). No.28033 of 2017
person has already been appointed as non-hereditary trustee.
In such circumstances, recording the aforesaid fact, this
writ petition is dismissed leaving open the legal and factual
contentions raised by both sides.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/7/4
W.P.(C). No.28033 of 2017
APPENDIX OF WP(C) 28033/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 12.8.2016
ISSUED BY 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDINANCE NO.2 OF
2017 TEMPORARILY AMENDS SEC.13 AND 19
OF HR AND CE ACT, PUBLISHED IN KERALA
GAZETTE EXTRAORDINARY NO.204 DATED
3.02.2017.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
27.03.2017 IN W.P.C NO.9776/2017 AND
CONNECTED CASES.
EXHIBIT P4 TRUE COPY OF THE ORDINANCE NO.3 OF
2017 TEMPORALLY AMENDS SEC.13 OF THE
HR AND CE ACT, PUBLISHED IN KERALA
GAZETTE EXTRAORDINARY NO.668 DATED
04.04.2017.
EXHIBIT P5 TRUE COPY OF THE HINDU RELIGIOUS AND
CHARITABLE ENDOWMENTS (AMENDMENT) BILL
PASSED BY THE KERALA LEGISLATIVE
ASSEMBLY.
