Mahadevi Thamburati vs State Of Kerala
2023 Latest Caselaw 1152 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 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 31218 OF 2022
PETITIONER/S:


          MAHADEVI THAMBURATI,
          AGED 86 YEARS
          W/O KUNHUNNI RAJA, HERIDATORY TRUSTEE,
          KIZHAKKE KOVILAKAM VALIYATHAMBURATTI DEVASWOM,
          KOTTAKKAL, KOTTAKKAL.P.O,
          MALAPPURAM DISTRICT-676503,
          REPRESENTED BY THE POWER OF ATTORNEY HOLDER
          DILEEP.K.C, AGED 55 YEARS, S/O U.V.RAJA,
          KOTTAKKAL.P.O, MALAPPURAM-676503.

          BY ADVS.
          C.DINESH
          RESHMI VIJU


RESPONDENT/S:


    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         REVENUE DEVASWOM DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695001.

    2    THE COMMISSIONER,
         MALABAR DEVASWOM BOARD, DEVASWOM COMMISSIONER'S
         OFFICE, HOUSEFED COMPLEX,
         MINI BYPASS ROAD, ERANHIPPALAM, KOZHIKODE-673006.

    3    THE DEPUTY COMMISSIONER,
         MALABAR DEVASWOM BOARD, DEVASWOM BOARD, DEVASWOM
         COMMISSIONER'S OFFICE,
         HOUSEFED COMPLEX,MINI BYPASS ROAD, ERANHIPPALAM,
         KOZHIKODE-673006.
 WPC 31218 of 2022
                               2




     4     ASSISTANT COMMISSIONER,
           MALABAR DEVASWOM BOARD,
           OFFICE OF THE ASSISTANT COMMISSIONER,
           HOUSEFED COMPLEX,
           MINI BYPASS ROAD, ERANHIPPALAM,
           KOZHIKODE-673006.

     5     INSPECTOR, MALABAR DEVASWOM BOARD,
           KOZHIKODU DIVISION, HOUSEFED COMPLEX,
           MINI BYPASS ROAD, ERANHIPPALAM,
           KOZHIKODE-673006.

     6     MALABAR DEVASWOM BOARD,
           REPRESENTED BY ITS SECRETARY,
           MALABAR DEVASWOM BOARD OFFICE,
           ERANHIPPALAM, KOZHIKODE-673006.

     7     ADDL. FIT PERSON, AREEPUZHA SREEKRISHNA TEMPLE,
           CHERUVAYUR P.O., EDAVANNAPARA, MALAPPURAM
           DISTRICT- 673645
           (IMPLEADED AS PER ORDER DTD 11.10.2022 IN I.A-
           1/2022 )

     8     ADDL. AREEPUZHA SREEKRISHNA TEMPLE COMMITTEE,
           REPRESENTED BY ITS SECRETARY,
           ARUN K, AGED 24 YEARS,
           S/O BABURAJ, KOLAKATTIL HOUSE,
           CHERKODE P.O, EDAVANNAPPARA-673645
           (IMPLEADED AS PER ORDER DTD 11.10.2022 IN I.A-
           1/2022 )

     9     ADDL. FIT PERSON, MARANGATTIRI MAHADEVA TEMPLE,
           VETTATHUR, VAZHAKKAD,
           MALAPPURAM DISTRICT- 673645
           (IMPLEADED AS PER ORDER DTD 11.10.2022 IN I.A-
           1/2022 )
 WPC 31218 of 2022
                                   3




    10     ADDL. MARANGATTIRI MAHADEVA TEMPLE COMMITTEE,
           REPRESENTED BY ITS PRESIDENT PUSHPAN P,
           AGED 58 YEARS, S/O CHANTHU,
           PULIYULLAKANDI VEEDU, CHERUVAYOOR P.O,
           EDAVANNAPPARA, VETTATHUR-673645
           (IMPLEADED AS PER ORDER DTD 11.10.2022 IN I.A-
           1/2022 )

           BY ADVS.
           K.MOHANAKANNAN
           D.S.THUSHARA


OTHER PRESENT:

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


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 31218 of 2022
                                    4




                             JUDGMENT

Anil K.Narendran, J.

The petitioner, who is stated to be a member of Kottakkal

Kovilakam and the trustee of Kizhakke Kovilakam

Valiyathamburatti Devaswom, has filed this writ petition under

Article 226 of the Constitution of India seeking a writ of

mandamus commanding the 3rd respondent Deputy

Commissioner, Malabar Devaswom Board to consider and pass

appropriate orders on Ext.P5 representation dated 01.04.2022.

The request made in Ext.P5 representation is that, before making

any appointments in Areeppuzha Sree Krishna Temple, the

trustee of the temple has to be consulted. The petitioner has

also sought for a declaration that she is the hereditary trustee of

Areepuzha Sreekrishna Temple, Edavannapara, Cheruvayur,

Malappuram District and Marangattiri Mahadeva Temple,

Vettathur, Vazhakkad, Malappuram District.

2. On 30.09.2022, when this writ petition came up for WPC 31218 of 2022

admission, after arguing for some time, the learned counsel for

the petitioner sought time to file an application to implead the

committee referred to in the 3 rd paragraph of the writ petition and

also the fit person referred to in Ext.P4 communication dated

19.02.2022 as additional respondents.

3. On 11.10.2022, when this writ petition came up for

further consideration, by the order in I.A.No.1 of 2022, additional

respondents 7 to 10 were impleaded. This Court admitted the

writ petition on file. The learned Senior Government Pleader took

notice for the 1st respondent. The learned Standing Counsel for

Malabar Devaswom Board took notice for respondents 2 to 6.

Notice by speed post was ordered to additional respondents 7 to

10, returnable within four weeks.

4. Heard the learned counsel for the petitioner, the

learned Senior Government Pleader for the 1st respondent, the

learned Standing Counsel for Malabar Devaswom Board for

respondents 1 to 6 and also the learned counsel for the WPC 31218 of 2022

additional 10th respondent. Service of notice is not complete on

respondents 8 and 9.

5. During the course of arguments, it is pointed out by

the learned Standing Counsel for Malabar Devaswom Board and

also the learned counsel for the additional 10th respondent that

the second relief sought for in this writ petition, which is

declaratory in nature, squarely falls within the scope of Section

57(a) of the Madras Hindu Religious and Charitable Endowments

Act, 1951.

6. The learned counsel for the petitioner would confine

the reliefs sought for in this writ petition as one directing

consideration of Ext.P5 representation dated 01.04.2022 by the

3rd respondent Deputy Commissioner. Considering the nature of

relief proposed to be granted, service of notice on additional

respondents 8 and 9 is disposed with.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of, without WPC 31218 of 2022

expressing anything on the merits of the claim made by the

petitioner in Ext.P5, by directing the 3 rd respondent Deputy

Commissioner to consider and take an appropriate decision on

that representation, as expeditiously as possible, at any rate,

within a period of two months from the date of production of a

certified copy of this judgment, with notice to the petitioner,

additional respondents 7 to 10 and also any other affected

parties.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G.AJITHKUMAR JUDGE jg WPC 31218 of 2022

APPENDIX OF WP(C) 31218/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 2.4.2022 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE MASS PETITION SUBMITTED TO THE PETITIONER BY THE DEVOTEES DATED NIL.

Exhibit P3 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 10.11.2021.

Exhibit P4 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 19.2.2022.

Exhibit P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 1.4.2022.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE INTERIM AWARD IN O.S.NO.70 OF 1951 ON THE FILES OF THE OTTAPALAM SUB COURT.