Malabar Devaswom Board vs C.Narayanan Namboothiri
2023 Latest Caselaw 4703 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                    &
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
        Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                            WA NO. 1583 OF 2022

  AGAINST THE JUDGMENT DATED 05/07/2022 IN WP(C) 12582/2021 OF THIS COURT




APPELLANTS/RESPONDENTS 2 TO 4 IN WPC:

  1. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY/COMMISSIONER,
     ERANHIPALAM.P.O., KOZHIKODE, PIN - 673006
  2. THE COMMISSIONER, THE MALABAR DEVASWOM BOARD, ERANHIPALAM P.O.,
     KOZHIKODE, PIN - 673006
  3. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KASARGOD
     DIVISION, NEELESWARAM P.O., KASARGOD DISTRICT, PIN - 671314

BY ADVOCATE SRI.R.LAKSHMI NARAYANAN

RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 5 IN WPC:

  1. C.NARAYANAN NAMBOOTHIRI, AGED 59 YEARS, S/O. LATE C KRISHNAN
     NAMBOOTHIRI, WORKING AS MELSHANTHI, KARIVELLUR SHIVA TEMPLE,
     KARIVELLUR P.O., KANNUR DISTRICT, PIN - 670521
  2. THE STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE (DEVASWOM)
     DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  3. THE EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM, DEVASWOMS, CHIRAKKAL
     P.O., KANNUR DISTRICT, PIN - 670011

BY ADVOCATE SRI.UNNI NAMBOOTHIRI (BY ORDER) FOR R1

            SRI.MAHESH V.RAMAKRISHNAN FOR R3

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the further proceedings in pursuance of the Judgment dated
5/7/2022 in WPC No.12585/2021
     This Writ Appeal again coming on for orders on 12/04/2023, upon
peruisng the appeal memorandum and this Court's order dated 01/11/2022,
the Court on the same day passed the following.
                   S.V. BHATTI & BASANT BALAJI, JJ.
          --------------------------------------------------------
             W.A. Nos.1583 of 2022, 1604 of 2022,
          1608 of 2022, 1664 of 2022, 354 of 2023,
                    392 of 2023 & 407 of 2023
          --------------------------------------------------------
              Dated this the 12th day of April, 2023


                                 ORDER

S.V. BHATTI, J.

We have heard the learned Advocate General for the

State, Adv. Ranjani, the learned Standing Counsel for the

Malabar Devaswom Board and Adv. Unni Namboothiri, the

learned counsel appearing for the respondents.

2. In our considered view, the prayers either interim

or the consideration of final challenge in the writ appeals

have to be considered after detailed examination of totality

of circumstances being presented by both the parties. For

paucity of time, today we are unable to take up the matters

for detailed hearing. Hence, the appeals stand adjourned to

24.05.2023.

3. The appeals when stand adjourned to 24.05.2023,

the learned Advocate General brings to our notice that in

the contempt cases filed by the respondents herein, the

W.A. No.392 of 2023 & con. cases

appearance of the contemnors has been ordered. The

respondent contemnors in the contempt cases have to appear

before the learned Single Judge on 13.04.2023. Therefore,

the appearance of the respondent contemnors is stayed.

We are of the view that if a request for dispensing with

the presence of the appearance on 13.04.2023 is made by

the counsel appearing for the respondent contemnors before

the learned Single Judge, it would be considered by

appreciating the circumstances. At this stage, we do not want

to pass orders.

Hand over the copy.

Sd/-

S.V. BHATTI JUDGE

Sd/-

BASANT BALAJI JUDGE

bpr