M. Ramakrishnan vs The Malabar Devaswom Board
2024 Latest Caselaw 28515 Ker

Kerala High Court

M. Ramakrishnan vs The Malabar Devaswom Board on 25 September, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

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WP(C) NO. 33509 OF 2024


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                      WP(C) NO. 33509 OF 2024

PETITIONER/S:

          M. RAMAKRISHNAN
          AGED 65 YEARS
          S/O. KUNHIRAMA MARAR, MELEDATH HOUSE,
          PANICHIKKUNNUMMEL, MOODADI P.O., KOYILANDY, KOZHIKODE
          DISTRICT, PIN - 673305


          BY ADV V.N.RAMESAN NAMBISAN


RESPONDENTS:

    1     THE MALABAR DEVASWOM BOARD
          REPRESENTED BY THE COMMISSIONER, COMMISSIONER'S
          OFFICE, HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPALAM,
          KOZHIKODE, PIN - 673006

    2     THE SECRETARY,
          MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
          ERANHIPPALAM P.O., KOZHIKODE, PIN - 673006

    3     THE DEPUTY COMMISSIONER,
          MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
          ERANHIPPALAM P.O., KOZHIKODE, PIN - 673006

    4     THE CHAIRMAN,
          BOARD OF TRUSTEES, SRI PISHARIKAVU DEVASWOM, KOLLAM
          P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN - 673307
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WP(C) NO. 33509 OF 2024


    5     THE EXECUTIVE OFFICER,
          SRI PISHARIKAVU DEVASWOM, KOLLAM P.O., KOYILANDY,
          KOZHIKODE DISTRICT,, PIN - 673307



OTHER PRESENT:

          SMT. R RANJANIE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 33509 OF 2024




                            JUDGMENT

The petitioner is working as 'Palliyunarthal' in

the Sri. Pisharikavu Temple, Kollam, under the 1 st

respondent Board and he is due to retire from

service on 31.10.2024. According to the petitioner,

the post of 'Palliyunarthal' is a hereditary one and

going by Section 48(2) of the Hindu Religious and

Charitable Endowments Act, the member of the

petitioner's 'Tharavadu' (Meledath Tharavadu), next

in line of succession, is entitled to succeed the

petitioner. However, the petitioner states that, steps

are being taken to appoint persons from outside the

'Tharavadu' as 'Palliyunarthal'. The petitioner has

submitted Ext.P2 representation before the 3 rd

respondent, the Deputy Commissioner of the 1 st 2024:KER:71306

WP(C) NO. 33509 OF 2024

respondent Board requesting to appoint his son

Rajesh, in the next line of succession, in the post of

'Palliyunarthal'. The grievance of the petitioner is

that Ext.P2 representation is not so far considered

by the 3rd respondent even though he was heard on

23.09.2024.

2. Heard the learned counsel for the

petitioner and Adv. Smt. Ranjanie, the learned

Standing Counsel for respondents 1 to 3. In the

nature of the order I propose to pass in this writ

petition, notice to respondents 4 and 5 is dispensed

with.

In the facts and circumstances of the case

and having regard to the submissions made across

the Bar, there will be a direction to the 3 rd

respondent to consider and pass orders on Ext.P2

after hearing the petitioner and respondents 4 and 2024:KER:71306

WP(C) NO. 33509 OF 2024

5 as expeditiously as possible, at any rate, before

31.10.2024.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

2024:KER:71306

WP(C) NO. 33509 OF 2024

APPENDIX OF WP(C) 33509/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 06.07.1981 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 17.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.