Narayanan Namboodiri vs Malabar Devaswom Board
2022 Latest Caselaw 6247 Ker

         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 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                  W.P.(C)NO.16871 OF 2022
PETITIONER:

          NARAYANAN NAMBOODIRI,
          AGED 51 YEARS,
          S/O. HARIJAYENTHAN NAMBOODIRI, MEPPALLY,
          THALIPPARAMBU, KANNOOR DISTRICT,
          PIN- 670 141.

          BY ADVS.
          B.PRAMOD
          BIJU VIGNESWAR
          ASWATHI SURESH



RESPONDENTS:

    1     MALABAR DEVASWOM BOARD,
          ERANHIPALAM, KOZHIKOD DISTRICT,
          PIN - 673 006, REP.BY ITS COMMISSIONER.

    2     THE COMMISSIONER,
          MALABAR DEVASWOM BOARD, ERANHIPALAM,
          KOZHIKODE DISTRICT, PIN-673 006

    3     SREE THRICHERUMANNA ALIAS
          KOTTIYOOR DEVASWOM, REP.BY ITS CHAIRMAN,
          BOARD OF TRUSTEES, KOTTIYOOR P.O.,
          KANNUR DISTRICT, PIN - 670 651.

    4     THE CHAIRMAN,
          BOARD OF TRUSTEES, KOTTIYOOR
          DEVASWOM,THRICHERUMANA, KOTTIYOOR P.O.,
          KANNUR DISTRICT, PIN - 670 651
 W.P.(C)No.16871 OF 2022

                                  2




     5       SRI. T.K. KERALA VARMA VALIYA RAJA,
             NON HEREDITARY TRUSTEE SREE KOTTIYOOR DEVASWOM,
             THEKKE KOVILAKAM, "SREE KAUSTHUBHAM",
             THAMARASSERI P.O., KOZHIKKODE DISTRICT,
             PIN - 673 573.

             BY ADVS.
             K.MOHANAKANNAN
             L.RAM MOHAN



OTHER PRESENT:

             SRI R. LAKSHMI NARAYAN- STANDING COUNSEL, MALABAR
             DEVASWOM BOARD


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   03.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.16871 OF 2022

                                  3

                             JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article

226 of the Constitution of India, seeking a writ of

mandamus commanding respondents 1 and 2 to see that

he is permitted to participate in the administration and

management of the 3rd respondent Sree Thricherumanna @

Kottiyoor Devaswom as one of the non-hereditary trustees

nominated by the 5th respondent, under Clause 5(vii) of

Ext.P1 scheme for Sree Thricherumanna @ Kottiyoor

Devaswom. The petitioner has also sought for a writ of

mandamus commanding respondents 1 and 2 to take

necessary steps to see that no meeting of the Board of

Trustees of the Sree Thricherumanna @ Kottiyoor

Devaswom is conducted without the participation of the

petitioner.

2. On 25.05.2022, when this writ petition came up

for admission, the learned Standing Counsel for Malabar W.P.(C)No.16871 OF 2022

Devaswom Board took notice for respondents 1 and 2.

Respondents 3 and 4 entered appearance through counsel.

Urgent notice by special messenger was ordered to the 5 th

respondent, returnable by 30.05.2022.

3. On 30.05.2022, the 5th respondent entered

appearance through counsel. Respondents 3 and 4 and also

the 5th respondent sought time to file counter affidavit by

01.06.2022. The learned Standing Counsel for Malabar

Devaswom Board sought time to get instructions.

4. On 02.06.2022, when this writ petition came up

for consideration, this Court passed the following order;

"Registry to get a report from the Munsiff's Court, Koothuparamba as to the present status of O.S.No.192 of 2022, filed by one K.K.Ravi Varma Raja, in which the petitioner in this writ petition, namely, Sri.Narayanan Namboodiri, is arrayed as the 3rd defendant and Sri.T.K.Kerala Varma Valiya Raja, the 5 th respondent herein, as the 2nd defendant.

The pendency of that suit, which was originally filed before the District Court, Thalassery (vacation court) as I.A.No.3 of 2022 and also the order of interim injunction passed by the vacation court are not disclosed either in W.P.(C)No.16871 OF 2022

this writ petition, which is one filed on 24.05.2022 or in the affidavit filed by the 5 th respondent, which is one dated 30.05.2022.

The report from the Munsiff's Court, Koothuparamba shall also state as to whether summons in O.S.No.192 of 2022 has already been served on defendants 2 and 3 (with date) and the date on which the order of interim injunction was communicated to the defendants in O.S.No.192 of 2022."

5. Pursuant to the order dated 02.06.2022, the

report dated 02.06.2022 of the Munsiff, Kuthuparamba, is

placed on record, which reads thus;

"O.S.No.192 of 2022 was filed before the Hon'ble Vacation Court Thalassery on 26.04.2022 for passing decree and judgment,

a) declaring the appointment of 3rd defendant as nominee of 2nd defendant is illegal.

b) Restraining the 3rd defendant from attending the Board meeting as nominee of 2nd defendant.

I.A.No.3 of 2022 in O.S.No.192 of 2022 filed under Order 39 Rule 1 of CPC by the petitioner/plaintiff to restrain the 1st defendant from permitting the 3rd defendant to attend the Board meeting of the Trustees. On 27.04.2022, Hon'ble Vacation Court, Thalassery ordered to issue emergent notice to the respondents in I.A.No.3 of 2022 and petition posted to 04.05.2022. Notice served to the W.P.(C)No.16871 OF 2022

1st respondent, But the notice to the 2nd and 3rd respondent are not issued for insufficient time. No counter filed by 1st respondent, 1st respondent has no objection in allowing the petition as prayed for. Temporary injunction granted till the disposal of the suit. As per case records order of interim injunction is not communicated to the respondents in I.A.No.3 of 2022 in O.S.No.192 of 2022 so far.

Summons against defendants in O.S.No.192 of 2022 are issued through registered post. D2 served personally on 30.05.2022. Summons against and D1 and D3 are not returned, so far. Suit is posted to 18.06.2022 for first hearing."

6. Today, when the case is taken up for

consideration, the learned counsel for the petitioner seeks

permission to withdraw this writ petition, leaving open the

legal and factual contentions, in view of the pendency of

O.S.No.192 of 2022 on the file of the Munsiff Court,

Kuthuparamba. It is submitted that the petitioner herein,

who is the 3rd defendant in O.S.No.192 of 2022, proposes

to file an application to vacate the order of injunction

granted in I.A.No.3 of 2022.

Based on the aforesaid submission made by the W.P.(C)No.16871 OF 2022

learned counsel for the petitioner, this writ petition is

dismissed as withdrawn, leaving open the legal and factual

contentions raised by the petitioner.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN W.P.(C)No.16871 OF 2022

APPENDIX OF WP(C)No.16871 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 06.04.1994 IN MFA NO. 74/1990.

Exhibit P2 TRUE COPY OF THE NOMINATION OF THE PETITIONER, DATED 16.02.2022 MADE BY THE 5TH RESPONDENT

Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT SHOWING THE DISPATCH OF EXT.P2.

Exhibit P4 TRUE COPY OF THE LETTER DATED 02.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT SHOWING THE DISPATCH OF EXT.P2 TO THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE NOTICE DATED 18.04.2022 ISSUED BY THE 2ND RESPONDENT IN RELATION TO AN ENQUIRY REGARDING THE APPOINTMENT OF EXECUTIVE OFFICER IN THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE NOTICE OF MEETING DATED 21.04.2022 ISSUED BY THE 4TH RESPONDENT WHICH IS ADDRESSED TO THE 5TH RESPONDENT

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 26.04.2022 SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE MALABAR DEVASWOM BOARD

RESPONDENTS' EXHIBITS: NIL