Andaladi Manakkal Parameswaran ... vs The Principal Secretary ...
2022 Latest Caselaw 9132 Ker

          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 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                   WP(C) NO.24366 OF 2022
PETITIONER:

          ANDALADI MANAKKAL PARAMESWARAN NAMBOOTHIRIPAD
          AGED 65 YEARS
          S/O.LATE VASUDEVAN NAMBOOTHIRIPAD, MANAGER,
          SREE KADAPPARAMBATH KAVU BHAGAVATHI TEMPLE,
          KONDOORKARA (PO), PATTAMBI, PALAKKAD,
          PIN -679 306.
          BY ADV M.DEVESH


RESPONDENTS:

    1     THE PRINCIPAL SECRETARY (DEVASWOM)
          ROOM NO.390, EAST FLOOR, MAIN BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN- 695001.
    2     COMMISSIONER,
          OFFICE OF THE COMMISSIONER,
          MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
          ERANHIPALAM, KOZHIKODE, PIN - 673 006.
    3     ASSISTANT COMMISSIONER,
          OFFICE OF THE ASSISTANT COMMISSIONER,
          MALABAR DEVASWOM BOARD, KENATH PARAMBU,
          KUNATHURMEDU, PALAKKAD, PIN - 678 013.
    4     K.DINESH,
          EXECUTIVE OFFICER, NHANGATTIRI BHAGAVATHY
          DEVASWOM, NHANGATTIRI, PALAKKAD, PIN -679 514.


          SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
          SRI R.LAKSHMI NARAYAN-STANDING COUNSEL-MALABAR
          DEVASWOM BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                          2

W.P.(C) No.24366 of 2022

                              JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the manager of Sree Kadaparambath

Kavu Bhagavathi temple, Kondoorkara in Pattambi Taluk, which is

a controlled institution under the Malabar Devaswom Board has

filed this writ petition under Article 226 of the Constitution of India

seeking a writ of certiorari to quash Ext.P9 order dated

08.07.2022 of the 2nd respondent Commissioner, Malabar

Devaswom Board. The petitioner has also sought for an order

directing the 1st respondent to consider Ext.P8 revision petition

dated 19.07.2022 along with stay petition, which is one filed

against Ext.P6 order dated 11.11.2021 of the 2 nd respondent-

Commissioner, invoking the provisions under Section 99 of the

Madras Hindu Religious and Charitable Endowments Act, 1951,

within a time limit to be fixed by this Court. The petitioner has also

sought for stay of further proceedings in Ext.P9. The grievance of

the petitioner is that it is during the pendency of Ext.P8 revision

petition, which is filed along with an application for stay, the 2 nd

respondent has issued Ext.P9 order, whereby the Executive Officer

has been appointed.

W.P.(C) No.24366 of 2022

2. Today when this writ petition was taken up for

consideration at 10.15. a.m, the learned Senior Government

Pleader was directed to get instructions as to whether the office of

the 1st respondent is in receipt of Ext.P8 revision stated to have

been filed by the petitioner and the matter was ordered to be

listed at 11.30 a.m.

3. When the matter is taken up for consideration at 11.30

a.m, the learned Senior Government Pleader, on instructions

would submit that the office of the 1 st respondent received Ext.P8

revision petition only on 23.07.2022, i.e., after the filing of this

writ petition.

4. After arguing for some time, the learned counsel for the

petitioner seeks permission to withdraw this petition.

Recording the aforesaid submission made by the learned

counsel for the petitioner, this writ petition is dismissed as

withdrawn.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE PV

W.P.(C) No.24366 of 2022

APPENDIX OF WP(C) 24366/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SCHEME DATED 25.09.1985. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 26.11.2019 SUBMITTED BY WORSHIPPERS BEFORE THE PRESIDENT MALABAR DEVASWOM BOARD.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION, INTIMATING THAT THE COMPLAINT WAS WITHDRAWN.

Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 20.10.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER OF THE TEMPLE.

Exhibit P5 THE TRUE COPY OF THE OBJECTION DATED 28.10.2021 FILED BY THE PETITIONER . Exhibit P6 THE TRUE COPY OF THE ORDER DATED 11.11.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WPC 27288/2021 DATED 17.05.2022.

Exhibit P8 THE TRUE COPY OF THE REVISION PETITION DATED 19.07.2022 FILED BEFORE THE 1ST RESPONDENT .

Exhibit P9 THE TRUE COPY THE ORDER DATED 08.07.2022 BY THE 2ND RESPONDENT FOR TAKING POSSESSION OF THE TEMPLE.