K.C.U.Raja vs The Commissioner
2022 Latest Caselaw 4565 Ker

WP(C) No.14154/2022                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
                                         &
                       THE HONOURABLE MRS. JUSTICE C.S. SUDHA
             Tuesday, the 19th day of April 2022 / 29th Chaithra, 1944
                            WP(C) NO. 14154 OF 2022 (T)
   PETITIONER:

          SRI.K.C.U RAJA, ZAMORIN RAJA OF CALICUT, HEREDITARY TRUSTEE, SREE
          VALAYANAD DEVASWOM, VALAYANAD, KOMMERI P.O., KOZHIKODE-02. RESIDING
          AT C1 AYODYA APPARTMENTS, THIRUVANNUR, KOZHIKODE DISTRICT, PIN -
          673029.

   RESPONDENTS:

      1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
         P.O.ERANJIPALAM, KOZHIKODE - 673006.
      2. MALABAR DEVASWOM BOARD, REPRESENTED BY THE COMMISSIONER, HOUSEFED
         COMPLEX, ERANHIPPALAM.P.O KOZHIKODE - 673 006.
      3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEVASWOMS DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM,
         PIN - 695001.
      4. SREE VALAYANADU DEVI KSHETHRAM, ULSAVAGOSHA COMMITTEE, REPRESENTED
         BY PRESIDENT, KOMMERI (PO), KOZHIKODE - 673006.
      5. SHAJI K.T., S/O. CHANDRAN, KALATHUMTHODI, P.O.G.A.COLLEGE, PALAZHI
         PALA, KOZHIKODE - 673014.


        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 the operation, implementation and all the proceedings
   pursuant Ext.P23 until the disposal of the above W.P., and thereby render
   justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.A.C.VENUGOPAL & VIDHYA. A.C, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.14154/2022                           2/3




                                          ORDER

We are made to understand that Ext.P21 order is under challenge before this court in W.P.(C) No.27286/2021 and after elaborate argument, the matter was reserved for judgment on 11.03.2022. In such circumstances, despite the contention regarding maintainability raised by the learned Standing Counsel for Malabar Devaswom Board, we are inclined to passs an interim order directing implementation of Ext.P23 order to be kept in abeyance, pending the judgment in W.P.(C) No.27286/2021.

Hence, there shall be an interim stay of operation of Ext.P23 for a period of two months.

Post on 20.05.2022.

          19/04/2022


                                                     Sd/- V.G.ARUN, JUDGE


                                                    Sd/- C.S. SUDHA, JUDGE




19-04-2022                      /True Copy/                           Assistant Registrar
 WP(C) No.14154/2022                 3/3

                       APPENDIX OF WP(C) 14154/2022
Exhibit P21           TRUE COPY OF THE COMMON ORDER DATED 24.08.2021 PASSED

BY THE 1ST RESPONDENT IN I.A.NO. 26 OF 2021, I.A.NO. 27 OF 2021 AND I.A.NO. 28 OF 2021 IN J2/2994/2019. AND TYPED-COPY Exhibit P23 TRUE COPY OF THE ORDER DATED 16.04.2022 BY THE 1ST RESPONDENT.