Kerala High Court
O.P.Sreekumaran Alias ... vs The Commissioner on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO.41718 OF 2022
PETITIONER:
O.P.SREEKUMARAN ALIAS SREEKUMARAN NAMBOOTHIRIPAD
AGED 55 YEARS, S/O. KRISHNAN NAMBOOTHIRIPAD,
OZHALLUR PATHIRISSERY ILLAM, CHATHAMANGALAM
P.O., NIT, KOZHIKODE - 673 601.
BY ADVS.M.RAMESH CHANDER (SR.)
BEJOY JOSEPH P.J.
GOVIND G. NAIR
BONNY BENNY
BALU TOM
RESPONDENTS:
1 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSE
FED COMPLEX, MINI BYPASS, ERANHIPALAM,
KOZHIKODE - 673 006.
2 MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX, MINI
BYPASS, ERANHIPALAM, KOZHIKODE - 673 006
REPRESENTED BY ITS SECRETARY.
3 THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,
CIVIL STATION, KOZHIKODE - 673 020.
4 EXECUTIVE OFFICER, SREE AZHAKODI DEVI TEMPLE,
THIRUTHIYAD, KOZHIKODE - 673 004.
5 MITHUN NARAYANAN O.P., AGED 42 YEARS, S/O.
SREEKUMARAN NAMBOOTHIRIPAD, OZHALLUR
PATHIRISSERY ILLAM, CHATHAMANGALAM P.O., NIT,
KOZHIKODE - 673 601.
-2-
W.P.(C)No.41718 of 2022
SRI R.LAKSHMI NARAYAN- STANDING COUNSEL
-MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C)No.41718 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner claims customary position of 'Tantri', being
the eldest male member of the Ozhallur Pathirissery Illam,
which is having Tantric Rights over the 10 temples, which are
controlled institutions under the Malabar Devaswom Board.
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of mandamus
commanding the 3rd respondent Deputy Commissioner,
Malabar Devaswom Board to consider and pass orders on
Ext.P4, i.e., O.A.No.18 of 2022, which is an application filed
under Section 57(e) of the Madras Hindu Religious and
Charitable Endowments Act, 1951 and Ext.P6, i.e., I.A.No.45
of 2022 in O.A.No.18 of 2022, as expeditiously as possible,
and till such time, direct the 4th respondent Executive Officer
to permit the petitioner to do the Tantric Rights with respect
to Sree Azhakodi Devi Temple.
2. On 21.12.2022, when this writ petition came up for
admission, the learned Standing Counsel for Malabar
Devaswom Board sought time to get instructions.
W.P.(C)No.41718 of 2022
3. Heard the learned counsel for the petitioner and
also the learned Standing Counsel for Malabar Devaswom
Board for respondents 1 to 3. Considering the nature of relief
proposed to be granted, service of notice on respondents 4
and 5 is dispensed with.
4. Ext.P6 interlocutory application, i.e., I.A.No.45 of
2022 in O.A.No.18 of 2022, is one filed seeking an interim
direction to the 3rd respondent Deputy Commissioner to
permit the petitioner to do the Tantric Rights in Sree Azhakodi
Devi Temple.
5. The learned Standing Counsel for Malabar
Devaswom Board would point out that the 5th respondent has
already entered appearance and filed counter in O.A.No.18 of
2022 and also in I.A.No.45 of 2022.
6. Having considered the submissions made by the
learned counsel for the petitioner and also the learned
Standing Counsel for Malabar Devaswom Board, this writ
petition is disposed of by directing the 3rd respondent Deputy
Commissioner to consider Ext.P6 interlocutory application,
i.e., I.A.No.45 of 2022 in O.A.No.45 of 2022 and pass
W.P.(C)No.41718 of 2022
appropriate orders thereon, with notice to the petitioner, the
5th respondent and any other affected parties, as expeditiously
as possible, at any rate, within a period of three months from
the date of receipt of a certified copy of this judgment.
It is made clear that this Court has not expressed
anything on the merits of the claim made by the petitioner in
O.A.No.18 of 2022 and it is for the 3rd respondent to take an
appropriate decision in the matter, strictly in accordance with
law.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/26/12
W.P.(C)No.41718 of 2022
APPENDIX OF WP(C) 41718/2022
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE DEATH CERTIFICATE
DATED 01.01.2022 ISSUED BY THE
PANCHAYAT.
Exhibit P2 PHOTOCOPY OF THE REPRESENTATION TO THE
COMMISSIONER, MALABAR DEVASWOM BOARD
DATED 01.08.2022.
Exhibit P3 PHOTOCOPY OF THE REPRESENTATION TO THE
PRESIDENT, MALABAR DEVASWOM BOARD
DATED 05.08.2022.
Exhibit P4 PHOTOCOPY OF THE APPLICATION FILED
BEFORE THE 3RD RESPONDENT DATED
14.09.2022.
Exhibit P5 PHOTOCOPY OF THE AFFIDAVIT FILED
BEFORE THE 3RD RESPONDENT DATED
14.09.2022.
Exhibit P6 PHOTOCOPY OF THE PETITION FILED BEFORE
THE 3RD RESPONDENT DATED 14.09.2022.
