Kerala High Court
K.Sankaran Namboodiri vs The Commissioner And Others on 7 January, 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 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
WP(C) NO. 22556 OF 2010
PETITIONER:
K.SANKARAN NAMBOODIRI
S/O. K.VAMANAN NAMBOODIRI,
KODALMANA ILLOM, P.O.NARIKKAMVALLY,
VIA.MANDOOR, KANNUR DISTRICT.
BY ADVS.
SRI.M.RAMESH CHANDER
SMT.K.A.SANJEETHA
RESPONDENTS:
1 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, KOZHIKODE, PIN-673 001.
2 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, THALASSERY-670 701.
3 EDAMANA VADHYAN KESAVAN NAMBOODIRI
HEREDITARY TRUSTEE, ARATHIL SREE BHADRAPURAM
TEMPLE, P.O.NAREEKKAMVALLI, KANNUR DISTRICT,
PIN-670 501.
4 O.K.PARAMESWARAN NAMBOODIRI
HEREDITARY TRUSTEE, ARATHIL SREE BHADRAPURAM
TEMPLE, P.O.NAREEKKAMVALLI, KANNUR DISTRICT,
PIN-670 501.
2
W.P.(C) No.22556 of 2010
5 P.NARAYANAN NAMBIAR
EXECUTIVE OFFICER, SREE PAYYANNUR
SUBRAMANYASWAMI TEMPLE, PAYYANNUR, KANNUR,
PIN-670 307.
6 THE MALABAR DEVASWOM BOARD
KOZHIKODE, REPRESENTED BY ITS PRESIDENT,
PIN-673 001.
BY ADVS.
R1, R2 & R6 BY SRI.K.R.SUNIL, SC, MDB
R1, R2 & R6 BY SMT.P.K.RADHIKA, SC, MDB
R3 & R4 BY SRI.GOVIND K.BHARATHAN (SR)
R3 & R4 BY RI.C.P.KUNJHIKANNAN
R3 & R4 BY SRI.S.K.MADHU
R5 BY SRI.K.V.SOHAN
R5 BY SMT.SREEJA SOHAN.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 07.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C) No.22556 of 2010
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this Writ Petition under Article
226 of the Constitution of India seeking to issue a writ of
certiorari or any other writ, direction or order quashing
Ext.P12 order.
2. On 20.07.2010, when this Writ Petition came up for
admission, the the Standing Counsel for Malabar Devaswom
Board took notice for respondents 2 and 6 and notice was
issued to others. This Court granted an interim stay for a
period of two months. The interim order was extended until
further orders.
3. Counter affidavits were filed by respondents 1 and
5.
4. On 01.02.2011 in I.A.No.16767 of 2010, this Court
passed the following order:
'The learned standing counsel for the Malabar
Devaswom Board submits that from Ext.R1(i) it can
be seen that because of the adamant attitude of the
petitioner, the salary due to the employees of the
W.P.(C) No.22556 of 2010
temple is not being disbursed and because of the
stay order, the Devaswom Board is unable to do
anything in the matter. The learned counsel for the
petitioner seeks time.'
5. The said order was followed by order dated
28.02.2011, which reads thus:
'This is an application filed by the respondents 1, 2 &
6 in the writ petition complaining the because of the
interim order the employees of the Devaswom are not
being paid salary and therefore in order to enable
them to pay salary of the employees of Devaswom,
the interim order may be vacated.
Heard both sides.
It is made clear that without removing the petitioner
from the post of Managership, the respondents 1, 2 &
6 in the writ petition can take all appropriate steps to
see that the employees of the Devaswom are paid
their salaries.'
6. Today, when the case came up for consideration,
the learned counsel for the petitioner would submit that the
petitioner does not want to prosecute this Writ Petition and,
hence, this Writ Petition may be dismissed as not pressed.
7. The learned Standing Counsel for the Malabar
W.P.(C) No.22556 of 2010
Devaswom Board would submit that the petitioner is no more
in service of Arathil Sree Bhadrapuram Temple.
Recording the aforesaid submissions, this Writ Petition is
dismissed as not pressed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
