Kerala High Court
Sree Manathanath Temple Alias ... vs State Of Kerala on 22 October, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)NO.33612 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
W.P.(C)NO.33612 OF 2024
PETITIONERS:
1 SREE MANATHANATH TEMPLE ALIAS MANATHANATH NAGAKALI TEMPLE
REPRESENTED BY ITS PRESIDENT: M.V.ANEESH KUMAR, S/O BALAN,
AGED 50 YEARS, MANATHANATH VARATTODY, THALAKKULATHUR POST,
KOZHIKODE, PIN - 673317
2 SURENDRAN M.P
AGED 69 YEARS
S/O LATE CHEKKUTTY, SECRETARY, SREE MANATHANATH TEMPLE
ALIAS MANATHANATH NAGAKALI TEMPLE, MANGALASSERY HOUSE,
ANNASSERY P.O., KOZHIKODE, PIN - 673317
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOMS)
DEPARTMENT, SECRETARIAT, P.O. THIRUVANANTHAPURAM, PIN -
695001
2 THE MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006
3 THE COMMISSIONER
MALABAR DEVASWAM BOARD, HOUSEFED COMPLEX, P.O.ERANHIPALAM,
KOZHIKODE, PIN - 673006
4 THE DEPUTY COMMISSIONER,
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MALABAR DEVASWAM BOARD, HOUSEFED COMPLEX, P.O.ERANHIPALAM,
KOZHIKODE, PIN - 673006
5 THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD, KOZHIKODE DIVISION, P.O.CIVIL
STATION, KOZHIKODE, PIN - 673020
6 SUBEDAR MAJOR BALAN MELEPPAD (RTD),
AGED 69 YEARS, S/O LATE ACHUTHAN, 'LAKE VIEW' HOUSE,
ANNASSERY P.O., KOZHIKODE, PIN - 673317
7 GANGADHARAN,
AGED 70 YEARS, S/O UNICHOYI, 'MELEPPATTU', ANNASSERY P.O.,
KOZHIKODE, PIN - 673317
8 SREENIVASAN,
AGED 65 YEARS, S/O KOTTAPPURATHU SANKARAKUTTY,
KOLANGARATHAZHAM', KONGANNUR P.O., ATHOLI VIA., KOZHIKODE,
PIN - 673315
9 K.T.DEVADASAN
AGED 70 YEARS, SO GOPALAN, 'MANOLITHAZHAM', ANNASSERY P.O.,
KOZHIKODE, PIN - 673317
10 MINEESH KUMAR
AGED 51 YEARS, S/O SREEDHARAN, "KARUVALLI" ANNASSERY P.O,
THALAKKULATHUR, KOZHIKODE, PIN - 673317
BY ADVS.
JAYASREE K.P.
JOHN JOSEPH(K/000875/2019)
T.K.SHIBU(S-1496)
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP;
SMT. R. RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
The petitioners, who are respondents 1 and 2 in O.A.No.15
of 2022 filed by respondents 6 to 10 before the 4th respondent
Deputy Commissioner, Malabar Devaswom Board, invoking the
provisions under Section 57(a) of the Madras Hindu Religious and
Charitable Endowments Act, 1951, seeking a declaration in
respect of Sree Manathanath Nagakali Temple, have filed this writ
petition invoking the writ jurisdiction of this Court under Article
226 of the Constitution of India, seeking a writ of mandamus
restraining respondents 2 to 5 from proceeding to implement
Ext.P1 order dated 14.08.2024 of the 4th respondent Deputy
Commissioner in that O.A., until Ext.P2 memorandum of appeal
dated 04.09.2024, which is accompanied by Ext.P3 stay petition
dated 04.09.2024, are considered by the 3rd respondent
Commissioner, Malabar Devaswom Board, who is the competent
authority under Section 60 of that Act.
2. On 25.09.2024, when this writ petition came up for
consideration, the learned Senior Government Pleader took notice
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on admission for the 1 respondent and the learned Standing
Counsel for Malabar Devaswom Board took notice for respondents
2 to 5. Urgent notice on admission by speed post was ordered to
respondents 6 to 10, returnable within three weeks. This Court
granted an interim stay of Ext.P1 order and all further proceedings
pursuant thereto for a period of one month.
3. Heard the learned counsel for the petitioners, the
learned Senior Government Pleader for the 1st respondent State,
the learned Standing Counsel for Malabar Devaswom Board for
respondents 2 to 5 and also the learned counsel for respondents
6 to 10.
4. The learned Standing Counsel for Malabar Devaswom
Board, on instructions, would submit that since the post of
Commissioner, Malabar Devaswom Board is lying vacant, there
occurred a delay in considering Ext.P2 appeal dated 04.09.2024
and Ext.P3 stay petition dated 04.09.2024 arising out of Ext.P1
order dated 14.08.2024 of the 4th respondent Deputy
Commissioner. The learned Standing Counsel would point out the
judgment of this Court in W.P.(C)No.29374 of 2024 dated
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30.09.2024, in which a similar appeal filed under Section 60 of the
Act was directed to be considered by the 1st respondent State in
exercise of its revisional jurisdiction under Section 99 of the Act.
5. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we deem
appropriate to dispose of this writ petition, leaving open the legal
and factual contentions raised by both sides, by directing the 1 st
respondent State to consider Ext.P2 appeal and Ext.P3 stay
petition arising out of Ext.P1 order dated 14.08.2024 of the 4 th
respondent Deputy Commissioner, by treating it as a revision
petition filed under Section 99 of the Act. The person holding the
charge of the 3rd respondent Commissioner, Malabar Devaswom
Board shall transmit the files relating to Exts.P2 and P3 to the 1 st
respondent State, within one week from the date of receipt of a
certified copy of this judgment. Thereafter, the 1st respondent
State shall consider Ext.P3 interlocutory application for stay, with
notice to the petitioners and also respondents 6 to 10, as
expeditiously as possible, at any rate, within a period of three
weeks. Thereafter, Ext.P2 appeal shall be finally disposed of by the
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1 respondent, as expeditiously as possible, at any rate, within a
further period of four months. Till such orders are passed in Ext.P3
interlocutory application, the interim order granted by this Court
shall continue to be in force.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
W.P.(C)NO.33612 OF 2024
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APPENDIX OF WP(C) 33612/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14-08-2024 OF
THE 4TH RESPONDENT DEPUTY COMMISSIONER IN
EXHIBIT P2 TRUE COPY OF THE UNNUMBERED APPEAL DATED
04-09-2024 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE UNNUMBERED INTERLOCUTORY
APPLICATION DATED 04-09-2024 FOR STAY
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
