Krishnan Namboothiri vs Malabar Devaswom Board
2022 Latest Caselaw 3051 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                    WP(C) NO. 12491 OF 2019
PETITIONERS:

    1     KRISHNAN NAMBOOTHIRI
          S/O.NEELAKANDAN NAMBOOTHIRI, POTTAKKUZHI MANA,
          THEKKE VAVANNOOR, KOOTTANAD-679 533.
    2     M.DINESAN
          S/O.SUBRAHMANIAN NAMBOOTHIRI, MEPPOYILATH MANA,
          THEKKE VAVANNOOR, KOOTTANAD-679 533.
          BY ADVS.
          M.P.ASHOK KUMAR
          SRI.P.C.GOPINATH
          SMT.BINDU SREEDHAR
          SHRI.ASIF N


RESPONDENTS:

    1     MALABAR DEVASWOM BOARD
          REPRESENTED BY THE DEPUTY COMMISSIONER,
          KOZHIKODE-673 006.
    2     ASSISTANT COMMISSIONER
          MALABAR DEVASWOM BOARD, MALAPPURAM,
          THIROOR-676 101.
    3     GIRIDHARAN M.
          FIT PERSON, SRI.POYILAM THRIKKOVIL DEVASWOM,
          THEKKE VAVANNOOR, KOOTTANAD-679 533.
          BY ADV
          SRI.MOHAN C.MENON

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     2

W.P.(C) No.12491 of 2019

                           JUDGMENT

Anil K. Narendran, J

The petitioners have filed this writ petition under Article

226 of the Constitution of India seeking an order directing the

1st respondent to take appropriate legal and disciplinary action

against the 3rd respondent for disobeying Ext.P1 order and

refusing to handover the charge of Sri.Poyilam Trikovil

Devaswom to the Managing Trustee appointed by the Trustee

Board. The petitioners have also sought for a writ of mandamus

commanding the 3rd respondent to handover the office of

Trustee Board of the Poyilam Thrikkovil Devaswom to the 2 nd

respondent, who is the Managing Trustee appointed by the

Trustee Board; and for a declaration that the 3 rd respondent

does not have any jurisdiction to make appointments in

Poyilam Thrikkovil Devaswom and to quash Exts.P7 and P8

notifications.

2. On 24.04.2019, when this writ petition came up for

admission, the learned Standing Counsel for Malabar

Devaswom Board took notice for respondents 1 and 2. Urgent

W.P.(C) No.12491 of 2019

notice by special messenger was ordered to the 3 rd respondent.

This Court granted an interim order to the effect that further

proceedings pursuant to Exts.P7 and P8 shall be kept in

abeyance till 30.04.2019. The said interim order was extended

until further orders by the order dated 30.04.2019.

3. On 08.07.2019, the petitioners have filed I.A No.1 of

2019 seeking an order to accept Exts.P10 and P11 as additional

documents and I.A No.2 of 2019 seeking stay of operation of

Exts.P10 and P11 orders.

4. The 3rd respondent has filed a counter affidavit on

15.07.2019 opposing the relief sought for. On 25.07.2019, the

petitioners have field a reply affidavit, followed by I.A.No.5 of

2019 seeking an order for handing over of the custody of

Sri.Poyilam Thrikkovil Temple to the petitioners.

5. Heard the learned counsel for the petitioners, the

learned Standing Counsel for Malabar Devaswom Board for

respondents 1 and 2 and also the learned counsel for the 3 rd

respondent.

6. The learned counsel for the 3rd respondent would

W.P.(C) No.12491 of 2019

submit that the 3rd respondent retired from service on

superannuation, in the year 2020, and he is no more.

In such circumstances, this writ petition is closed leaving

open the legal and factual contentions raised by the petitioners.

In case the petitioners are having any subsisting grievance in

the affairs of the temple in question, it is for them to raise that

grievance before the appropriate forum, in accordance with law.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

W.P.(C) No.12491 of 2019

APPENDIX OF WP(C) 12491/2019

PETITIONERS' EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE ORDER DATED 22.11.2018 PASSED BY THE 1ST RESPONDENT IN MP.3/2016.

EXHIBIT P2 PHOTOCOPY OF THE DEED DOCUMENT EXECUTED REGARDING THE CONSTITUTION OF THE TRUSTEE BOARD.

EXHIBIT P3 PHOTOCOPY OF THE MINUTES OF THE MEETING HELD ON 08.12.2018.

EXHIBIT P4 PHOTOCOPY OF LETTER DATED 24.12.2018 FORWARDED TO 3RD RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE LETTER DATED 28.01.2019 ISSUED BY 2ND RESPONDENT.

EXHIBIT P6 PHOTOCOPY OF THE LETTER DATED 04.02.2019. EXHIBIT P7 PHOTOCOPY OF NOTIFICATION DATED 20.02.2019.

EXHIBIT P8 PHOTOCOPY OF THE RELEVANT PAGE OF THE MATHRUBHUMI DAILY EXHIBIT P9 PHOTOCOPY OF THE MINUTES OF MEETING DATED 19.03.2019.

EXHIBIT P10 PHOTOCOPY OF THE ORDER DATED 28.04.2019 ISSUED BY THE 3RD RESPONDENT EXHIBIT P11 PHOTOCOPY OF THE ORDER DATED 19.06.2019 ISSUED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE LETTER DATED 06.12.2018 SENT BY 3RD RESPONDENT TO THE PETITIONERS.

EXHIBIT R3(b) TRUE COPY OF THE REPORT NO.9/2019/GVR DATED 13.5.2019 SUBMITTED BY INSPECTOR, MALABAR DEVASWOM BOARD TO THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD. EXHIBIT R3(c) TRUE COPY OF THE REPORT OF THE INSPECTOR TO THE ASSISTANT COMMISSIONER ON THIS SUBJECT DATED 13.5.2019 BEARING NO. 255/2018/GVR.

EXHIBIT R3(d) TRUE COPY OF THE COMPLAINT ADDRESSED TO THE COMMISSIONER AND OTHERS BY NARAYANAN NAMBOOTHIRI DATED 1.7.2019.