Kerala High Court
M. Ramakrishnan vs The Commissioner on 30 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:80850
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 37352 OF 2024
PETITIONER:
M. RAMAKRISHNAN
AGED 65 YEARS
S/O. KUNHIRAMA MARAR, MELEDATH HOUSE,
PANICHIKKUNNUMMEL, MOODADI P.O., KOYILANDY, KOZHIKODE
DISTRICT, PIN - 673 305.
BY ADV V.N.RAMESAN NAMBISAN
RESPONDENTS:
1 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, COMMISSIONER'S OFFICE,
HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPALAM,
KOZHIKODE,
PIN - 673 003.
2 MALABAR DEVASWOM BOARD REPRESENTED BY SECRETARY,
HOUSEFED COMPLEX, ERANHIPPALAM P.O., KOZHIKODE,
PIN - 673 003.
3 THE DEPUTY COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPPALAM P.O., KOZHIKODE, PIN - 673 003.
4 THE CHAIRMAN,
BOARD OF TRUSTEES, SRI PISHARIKAVU DEVASWOM, KOLLAM P.O.,
KOYILANDY, KOZHIKODE DISTRICT, PIN - 673 307.
WP(C) NO. 37352 OF 2024 : 2 :
2024:KER:80850
5 THE EXECUTIVE OFFICER,
SRI PISHARIKAVU DEVASWOM, KOLLAM P.O., KOYILANDY,
KOZHIKODE DISTRICT,, PIN - 673 307.
6 SUJITH MARAR,
POOKAYATH HOUSE, THUVAKKODE P.O., KOZHIKODE DISTRICT,
PIN - 673 304.
BY ADV. R. RANJANIE, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37352 OF 2024 : 3 :
2024:KER:80850
JUDGMENT
The petitioner is working as 'Palliyunarthal' in Sri.
Pisharikavu Temple, Kollam under the 1st respondent
Board and he is due to retire from service on
31.10.2024. The petitioner contends that the post of
Palliyunarthal is a hereditary one and going by Section
48 (2) of the Hindu Religious and Charitable Endowments
Act, 1951(H.R & C.E Act), a member of the 'Meledath
Tharavadu' next in the line of succession, is entitled to
succeed the petitioner. However, it is contended that
the steps are being taken to appoint another person out
side the family of the petitioner as Palliyunarthal in the
temple. Therefore, the petitioner has filed W.P.(C)
No.33509 of 2024 for a direction to the 3 rd respondent,
2024:KER:80850
the Deputy Commissioner of the 1st respondent Board to
consider the representation submitted by him in
accordance with law. The said writ petition was
disposed of by this Court, by Ext.P1 judgment dated
25.09.2024, directing the 3rd respondent to consider and
pass orders on the representation submitted by the
petitioner after hearing the petitioner and respondents 4
and 5, as expeditiously as possible, at any rate, before
31.10.2024. The learned Counsel for the petitioner
submits that no orders have been passed by the 3 rd
respondent till today and he apprehends that he will be
removed from the post of Palliyunarthal from 01.11.2024.
Accordingly, the petitioner has filed this writ petition for
the following reliefs:-
"(i) to issue a writ of mandamus or any
2024:KER:80850
other appropriate writ, order or direction
and direct the respondents 4 and 5 not to
appoint the 6th respondent or any other
person in the post of 'Palliyunarthal' in the
4th respondent Pishariakavu Deaswom which
will arise with effect from 01.11.2024, till
the disposal of the representation dated
17.07.2024 and communicate the order;
(ii) to declare that the dispute regarding the
post of 'Palliyunarthal' in the 4th respondent
Sri Pisharikavu Temple is a 'hereditary post'
or not is pending consideration before the
3rd respondent and in the meantime if that
is filled by the 4th respondent on
01.11.2024 same shall directly affect the
interest of the petitioner and members of
the Meledath Tharavadu;
(iii) to declare that once the post of
'Palliyunarthal' in the 4th respondent Sri
Pisharikavu Temple is declared as a
hereditary post, the consequence follows
that the members of the Meledath
2024:KER:80850
Tharavadu alone can occupy that post and
the 6th respondent or any person from
outside can't accommodate;"
2. Since this Court has already directed the 3 rd
respondent to consider the issue raised by the petitioner
as regards his continuation in the post of Palliyunarthal,
this writ petition is disposed of with a direction that,
until such time the 3rd respondent passes orders pursuant
to Ext.P1 judgment, status quo as on today as regards
the post held by the petitioner in Sri. Pisharikavu
Devasom Temple, Kollam under the 1st respondent Board
shall be maintained.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:80850
APPENDIX OF WP(C) 37352/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 25.09.2024 OF
THIS HON'BLE COURT IN W.P(C) NO. 33509 OF 2024.
EXHIBIT P2 TRUE COPY OF THE REGISTERED LAWYER NOTICE
DATED 10.10.2024 ISSUED TO THE 4TH RESPONDENT.
EXHIBIT P2(a) TRUE COPY OF THE ACKNOWLEDGMENT CARD OF EXT-
P2 LAWYER NOTICE.
