Chandramohan.K vs Malabar Devaswom Board
2024 Latest Caselaw 12843 Ker

Kerala High Court

Chandramohan.K vs Malabar Devaswom Board on 22 May, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946

                            WP(C) NO. 18365 OF 2024

PETITIONER/S:

             CHANDRAMOHAN.K,
             AGED 61 YEARS
             S/O.GOVINDA MENON, MELAKKATTALATH HOUSE(DEVIKRIPA)NAGARIPURAM
             MANNUR, PATHIRIPALA, PALAKKAD DISTRICT PRESENTLY WORKING AS
             ORACKLE, (VELICHAPADU) IN KAIMAKUNNATHUKAVU DEVASWOM, MANNUR ,
             PALAKKAD DISTRICT-, PIN - 678642

             BY ADVS.
             K.MOHANAKANNAN
             D.S.THUSHARA


RESPONDENT/S:
      1     MALABAR DEVASWOM BOARD,
            HOUSEFED COMPLEX, ERANHIPPALAM, KOZHIKODE- REPRESENTED BY ITS
            SECRETARY, PIN - 673003

     2       THE COMMISSIONER
             MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM,
             KOZHIKODE, PIN - 673003

     3       THE DEPUTY COMMISSIONER,
             MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM,
             KOZHIKODE-, PIN - 673003

     4       THE ASSISTANT COMMISSIONER
             MALABAR DEVASWOM BOARD, PALAKKAD DIVISION, CIVIL STATION,
             PALAKKAD -, PIN - 678001

     5       KAIMAKUNNATHUKAVU DEVASWOM,
             MANNUR, PALAKKAD -678642 REPRESENTED BY ITS MANAGING TRUSTEE,
             PIN - 678642

     6       MANNUR SWOROOPAM TEMPLE TRUST,
             MANNUR PO, PALAKKAD DISTRICT -REPRESENTED BY ITS MANAGING
             TRUSTEE, PIN - 678642

     7       THE EXECUTIVE OFFICER,
             KAIMAKUNNATHUKAVU DEVASWOM, MANNUR, PALAKKAD-, PIN - 678642

             BY SMT. R. RANJANIE, SC, MDB


      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.18365/2024

                              2




                         JUDGMENT

1. The petitioner, who is an Oracle ( Velichapadu) working

under respondent No.5 Devaswom, is served with Ext.P23

suspension order.

2. The petitioner challenges Ext.P23 order on the ground

that on the very same set of facts earlier the respondent

No.5 had issued Ext.P19 order and the same was stayed by

this Court by Ext.P21 order, which was extended by Ext.P22

order.

3. Heard; Sri.K.Mohanakannan, the learned counsel for the

petitioner and Smt.R.Ranjanie, learned Staining Counsel for

respondents 1 to 4.

4. Learned Standing Counsel for respondents 1 to 4

submitted that there is an effective remedy for the petitioner

under Section 18 of the Hindu Religious And Charitable

Endowments Act, 1951, as amended in 2008 to challenge

Ext.P23 order.

5. I find from Ext.P19 that it relates to recovery of the

amount and Ext.P23 is a suspension order. Hence, the

petitioner is directed to file revision against Ext.P23 order,

within one week from the date of receipt of a copy of this

judgment. If such revision is filed within one week,

respondent No.2 has to consider the same and pass orders

after hearing the petitioner and other affected parties, within

a period of one month thereafter. Petitioner is free to apply

for interim relief also before the respondent No.2 while filing

the revision as stated above.

The writ petition is disposed of accordingly.

Sd/-

                                                   M.A.ABDUL HAKHIM

Shg                                                      JUDGE





                       APPENDIX OF WP(C) 18365/2024

PETITIONER EXHIBITS

EXHIBIT P1             TRUE     COPY    OF    THE     PROCEEDINGS    NO.J5-

5902/2010/MDB/K.DIS OF THE COMMISSIONER DATED 30- 7-

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE 4 TH RESPONDENT DATED 8-10- 2014

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C) NO.28830/2017 DATED 20-9-2017

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.H6- 4868/2017/MDB/K.DIS OF THE 2 ND RESPONDENT DATED 28- 11-2017

EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 4 TH RESPONDENT SUBMITTED BEFORE THE 2 ND RESPONDENT AS PER LETTER NO.A-4853/2018/MDB DATED 24-10-2018

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.H6- 1831/MDB OF THE 2 ND RESPONDENT DATED 7-1-2019

EXHIBIT P7 TRUE COPY OF THE NOTICE SENT BY THE 5 TH RESPONDENT DATED 30-9-2019

EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 5 TH RESPONDENT DATED 8-10-2019

EXHIBIT P9 TRUE COPY OF THE REPLY OF THE PETITIONER TO EXT.P7 NOTICE DATED 15-10-2019 WITH POSTAL ACKNOWLEDGEMENT

EXHIBIT P10 TRUE COPY OF THE LETTER GIVEN BY THE TANTRI DATED 10- 11-2019

EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE 5 TH RESPONDENT DATED 28-8-2021

EXHIBIT P12 TRUE COPY OF THE 5 TH RESPONDENT HAS ISSUED A COMMUNICATION TO THE PETITIONER DATED 22-12- 2021

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT DATED 27-12-

EXHIBIT P14 TRUE COPY OF THE 2021COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE PETITIONER DATED 18- 1-2022

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 22-2-2022 SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 20-9-2023 SENT BY THE 5 TH RESPONDENT TO THE PETITIONER

EXHIBIT P17 TRUE COPY OF THE SHOW CAUSE NOTICE WAS ISSUED ON 25- 10-2023 SENT BY THE 5 TH RESPONDENT TO THE PETITIONER

EXHIBIT P18 TRUE COPY OF THE LETTER DATED 30-10- 2023 SENT BY THE PETITIONER TO THE 5 TH RESPONDENT

EXHIBIT P19 TRUE COPY OF THE COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE PETITIONER DATED 30-11- 2023

EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 8-12-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT

EXHIBIT P21 TRUE COPY OF THE INTERIM ORDER DATED 17-1-2024 IN WRIT PETITION(C) 1964/2024

EXHIBIT P22 TRUE COPY OF THE INTERIM ORDER DATED 18-3-2024 IN WRIT PETITION(C)1964/2024

EXHIBIT P23 TRUE COPY OF THE PROCEEDINGS OF THE MANAGING TRUSTEE, 5 TH RESPONDENT DATED 10-5-2024 TO THE PETITIONER