Kerala High Court
The Secretary, Sree Subramania Swamy ... vs State Of Kerala on 2 April, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
WP(C) NO. 22319 OF 2017 1 2025:KER:32290
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 22319 OF 2017
PETITIONERS:
1 THE SECRETARY, SREE SUBRAMANIA SWAMY TEMPLE,
ATHIYAMBOOR, KANHANGAD PO, KASARAGOD DISTRICT.
2 CHINMAYA MISSION EDUCATIONAL AND CULTURAL TRUST (CMECT)
CHINMAYA BHAVAN, KANNUR P.O, KANNUR, REPRESENTED BY ITS
CHIEF SEVAK SRI. K.K. RAJAN.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEVASWOM, THIRUVANANTHAPURAM - 695 001.
2 MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY
HOUSEFED COMPLEX, ERANJIPALAM, KOZHIKODE - 673 006.
3 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANJIPALAM, KOZHIKODE - 673 006.
4 THE DEPUTY COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANJIPALAM, KOZHIKODE - 673 006.
WP(C) NO. 22319 OF 2017 2 2025:KER:32290
5 C.K. GOPINATHAN,
S/O. KOMAN NAIR, MELENKOD, KANHANGOD P.O,
KASARAGOD DISTRICT - 671 121.
BY ADVS.
SRI.M.SASINDRAN
SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD
OTHER PRESENT:
SMT. R.RANJANIE, SC,
SRI.S.RAJMOHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22319 OF 2017 3 2025:KER:32290
JUDGMENT
Muralee Krishna, J.
This writ petition is filed by the petitioners under Article 226
of the Constitution of India seeking a writ of certiorari to quash
Ext.P2 order dated 27.03.2017 in O.A. No.18 of 2011 passed by
the 4th respondent Deputy Commissioner of Malabar Devaswom
Board.
2. The 1st petitioner is the Secretary of Sree Subramania
Swamy Temple, Athiyamboor in Kasargod district, which is
managed by the 2nd petitioner Trust. The grievance of the
petitioners is that the 4th respondent Deputy Commissioner who
passed Ext.P2 order dated 27.03.2017, by exercising jurisdiction
under Section 57 of the Madras Hindu Religious and Charitable
Endowments Act, 1951, ('the Act' in short) on Ext.P1 complaint
filed by the 5th respondent and some other persons of the locality
of the temple, has been appointed as the Commissioner of Malabar
Devaswom Board and hence cannot entertain Ext.P4 appeal filed
by the petitioners against Ext.P2 order, by invoking the provisions
under Section 61 of the Act.
WP(C) NO. 22319 OF 2017 4 2025:KER:32290
3. On 06.07.2017 when this matter came up for
consideration, the learned Government Pleader took notice on
behalf of the 1st respondent, the learned Standing Counsel for the
Malabar Devaswom Board took notice on behalf of respondents 2
to 4 and urgent notice by speed post was ordered to the 5 th
respondent. Noting the submission of the learned counsel for the
petitioners that the 4th respondent Deputy Commissioner who
passed Ext.P2 order dated 27.03.2017 has been promoted as
Commissioner vide; Ext.P6 order dated 04.04.2017 and the
appeal filed under Section 61(1) of the Act against Ext.P2 order
is pending before him, this Court granted an interim stay of the
operation, implementation and all further proceedings of Ext.P2,
pending disposal of this writ petition.
4. On 10.08.2017 the interim order was extended until
further orders.
5. Heard the learned counsel for the petitioners, the
learned Senior Government Pleader, the learned Standing Counsel
for the Malabar Devaswom Board and the learned counsel for the
party respondent.
WP(C) NO. 22319 OF 2017 5 2025:KER:32290
6. Ext.P1 is a complaint filed by the 5th respondent and
some other persons in the locality of the temple before the 4 th
respondent Deputy Commissioner, alleging mismanagement of
the temple by the 2nd petitioner. By Ext.P2 order dated
27.03.2017, the 4th respondent declared the temple as the
religious institution as defined under Section 6(15) read with
Section 6(17) of the Act. Challenging the said order, the
petitioners preferred Ext.P4 appeal before the 3rd respondent
Commissioner under Section 61 of the Act. Meanwhile, by Ext.P6
order dated 04.04.2017, the Deputy Commissioner who passed
Ext.P2 order was promoted as Commissioner. Hence the
petitioners approached this Court with this writ petition.
7. The learned counsel on both sides submitted that now
a new person is appointed as the Commissioner and hence there
is no difficulty in pursuing Ext.P4 appeal filed by the petitioners
challenging Ext.P2 order of the Deputy Commissioner.
In such circumstances, we deem it appropriate to dispose
of this writ petition directing the 3rd respondent Commissioner,
Malabar Devaswom Board to take a decision on Ext.P4 appeal filed
by the petitioners, against Ext.P2 order of the 4th respondent
WP(C) NO. 22319 OF 2017 6 2025:KER:32290
Deputy Commissioner, as expeditiously as possible, at any rate,
within a period of three months from the date of receipt of a copy
of this judgment, after affording the parties an opportunity to put
forward their contentions on merits. The interim order granted by
this Court on 06.07.2017 shall continue till such a decision is taken
by the 3rd respondent.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
sks
WP(C) NO. 22319 OF 2017 7 2025:KER:32290
APPENDIX OF WP(C) 22319/2017
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE 4TH
RESPONDENT WITH STATEMENT TO THE DEPUTY
COMMISSIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER IN OA 18/2017 DATED
27.3.2017 PASSED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE POSTAL COVER.
EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONERS BEFORE THE 3RD RESPONDENT U/S.
61 OF THE HR & CE ACT AS AP 4/2017.
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR STAY FILED
IN AP 4/2017.
EXHIBIT P6 TRUE COPY OF THE ORDER NO. GO(RT) 1626/17
/RD DATED 4/4/2017.
