Kerala High Court
Surendran V vs Malabar Devaswom Board, Represented By ... on 20 June, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
W.P.(C)No.19916 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
W.P.(C)NO.19916 OF 2024
PETITIONER:
SURENDRAN V
AGED 58 YEARS
S/O SUBRAMANIAN NAMBOOTHIRI, VELLANI MANA,
ELANKUR (PO), MALAPPURAM DISTRICT,
PIN - 676102
BY ADV M.DEVESH
RESPONDENTS:
1 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY, HOUSEFED COMPLEX,
ERANHIPALAM, KOZHIKODE, PIN - 673006
2 DEPUTY COMMISSIONER
MALABAR DEVASWOM BOARD,
ERANHIPALAM(PO)KOZHIKODE, DIST, PIN - 673006
3 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, OFFICE OF THE ASSISTANT
COMMISSIONER, TIRUR, PIN - 676101
4 THE DIVISION INSPECTOR
MALABAR DEVASWOM BOARD,OFFICE OF THE INSPECTOR,
PERINTHALMANNA DIVISION, ANGADIPPURAM
MALAPPURAM(DIST), PIN - 679321
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W.P.(C)No.19916 of 2024
OTHER PRESENT:
SR. GP- SRI. S. RAJMOHAN;
SC, MDB- SMT. R. RANJANIE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(C)No.19916 of 2024
JUDGMENT
Anil K. Narendran, J.
The petitioner is the fit person appointed in the year 2015,
on the basis of the request dated 07.03.2014 made by
Sri.Mohanan Namboothiri, the hereditary trustee of Shree
Malankeeshunadu Temple in Perinthalmanna Taluk, which is a
controlled institution under the 1st respondent Malabar
Devaswom Board. The term of appointment in Ext.P1 order
dated 06.01.2015 of the 2nd respondent Deputy commissioner
was for a period of one year. That order was issued by the 2 nd
respondent in the exercise of his powers under Section 47(3) of
the Madras Hindu Religious and Charitable Endowments Act,
1951. In that order, it was specified that the fit person has to
discharge all the functions and responsibilities relating to the
management of the temple and that the appointment as a fit
person is liable to be terminated, at any time, by the 2nd
respondent, for a valid reason. For extension of the term of
appointment of the fit person, in case the situation warrant, an
application has to be submitted by the Trustee, three months
prior to the expiry of the term of appointment, through the 3rd
respondent Assistant Commissioner. The petitioner has filed this
writ petition under Article 226 of the Constitution of India,
seeking a writ of certiorari to quash Ext.P5 communication dated
29.02.2024 issued by the 3rd respondent Assistant
Commissioner, whereby he was informed that his tenure as fit
person has already expired. The petitioner has also sought for a
writ of mandamus commanding the respondents to permit him
to continue as hereditary trustee of Shree Malankeeshunadu
Temple.
2. On 04.06.2024, when this writ petition came up for
admission, the learned Standing Counsel for Malabar Devaswom
Board was directed to make available for the perusal of this
Court the files relating to Ext.P1 order dated 06.01.2015 of the
2nd respondent Deputy Commissioner and Ext.P5 communication
dated 29.02.2024 of the 3rd respondent Assistant Commissioner.
3. Heard the learned counsel for the petitioner and also
the learned Standing Counsel for Malabar Devaswom Board for
respondents. We have also perused the files handed over by the
learned Standing Counsel - file No.A4-2769/2023/MDB.
4. From the materials on record and also the
submissions made at the Bar, we notice that the petitioner is not
a hereditary trustee of Shree Malankeeshunadu Temple as
stated in the writ petition. One Mohanan Namboothiri is the
hereditary trustee of the temple, who was appointed as such, on
31.12.2005. Mohanan Namboothiri made a request dated
07.03.2014 for appointing the petitioner, who is his brother's son,
as a fit person. Based on that request, the 2nd respondent
Deputy Commissioner issued Ext.P1 order dated 06.01.2015,
whereby the petitioner was appointed as fit person of the temple
for a period of one year.
5. It appears that three months prior to the expiry of
that period, no application was filed by the hereditary trustee
before the 2nd respondent Deputy Commissioner, for extending
the term of appointment as fit person, through the 3 rd
respondent Assistant Commissioner. Without an order of the 2nd
respondent extending the term of appointment, the petitioner
continued as a fit person. The concerned Inspector of the
Malabar Devaswom Board, who conducted an inspection in the
temple noticed certain irregularities. Then the matter was
reported to the Area Committee. As directed by the Area
Committee, the 3rd respondent Assistant Commissioner has
initiated proceedings, which have resulted in Ext.P5
communication dated 29.02.2024.
6. During the course of arguments, it is pointed out by
the learned Standing Counsel for Malabar Devaswom Board that
the hereditary trustee, namely, Mohanan Namboothiri, has made
a request dated 31.05.2024 before the 3rd respondent Assistant
Commissioner, which is available at page No.34 of the file No.A4-
2769/2023/MDB, for appointing the petitioner as a fit person,
enclosing therewith a no objection letter dated 31.05.2024
obtained from the petitioner. Now, that request is before the
Assistant Commissioner, who has to forward it to the Deputy
Commissioner after obtaining report from the concerned
inspector.
Having considered the submissions made at the Bar, we
deem it appropriate to dispose of this writ petition by directing
the 3rd respondent Assistant Commissioner to forward the
application dated 07.03.2014 made by the hereditary for
appointing the petitioner as a fit person of Shree
Malankeeshunadu Temple, to the 2nd respondent Deputy
Commissioner, after complying with the statutory requirements.
Thereafter, it is for the 2nd respondent to consider the same and
pass appropriate orders thereon, with notice to the petitioner,
Sri. Mohanan Namboothiri, the hereditary trustee, and affected
parties, if any. A decision in this regard shall be taken, as
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a certified copy of this
judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
MIN
APPENDIX OF WP(C) 19916/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER NO A4-
806/2014/MDB(KDS) DATED 06.01.2015, BY
THE 2ND RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE NOTICE NO A4-
2769/2023/MDB DATED 21.08.2023 BY THE
3RD RESPONDENT
EXHIBIT P3 THE TRUE COPY OF NOTICE NO A4-
2769/2023/MDB DATED 26/10/2023
EXHIBIT P4 THE TRUE COPY OF THE STATEMENT FILED BY
THE PETITIONER
EXHIBIT P5 THE TRUE COPY OF THE ORDER NO A4-
2769/2023/MDB DATED 29.02.2024 BY THE
3RD RESPONDENT
