Kerala High Court
Ramesh Viswanathan vs The Commissioner Of Malabar Devaswom ... on 25 August, 2025
WP(C) No. 31792 of 2025 1 2025:KER:64424
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TH
MONDAY, THE 25
DAY OF AUGUST 2025 / 3RD BHADRA,
1947
WP(C) NO. 31792 OF 2025
PETITIONER:
AMESH VISWANATHAN
R
AGED 72 YEARS
S/O. LATE M.K. VISWANATHAN, SASTHRA SANDRANANDA,
1 MAIN ROAD VENKATESWARA COLONY, AMBIKAPURAM PALAKKAD,
PRESENT MANAGING TRUSTEE, MUKKAI AYYAPPA SANGAM,
PALAKKAD, PIN - 678011
BY ADV SRI.P.R.VENKATESH
RESPONDENTS:
1
HE COMMISSIONER OF MALABAR DEVASWOM BOARD
T
HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPPALAM,
KOZHIKODE, KERALA, PIN - 673006
2
HE ASSISTANT COMMISSIONER
T
MALABAR DEVASWOM BOARD, CIVIL STATION, PALAKKAD,
PIN - 678001
3
HE EXECUTIVE OFFICER
T
IN CHARGE OF THE SIVA TEMPLE, MUKKAI, PALAKKAD,
PIN - 678011
ADV. R.RANJANIE, SC FOR MALABAR DEVASWOM BOARD.
HIS
T WRIT
PETITION
(CIVIL)
HAVING
COME
UP
FOR
ADMISSION
ON
25.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 31792 of 2025 2 2025:KER:64424
J U D G M E N T
Raja Vijayaraghavan V, J.
This Writ Petition is filed seeking the following reliefs:
a)Issueawritofmandamusoranyappropriatewrit,orderordirection
directingrespondents1and2toconsiderandpassordersonExtP4
Representation to refrain from interfering in any manner with the
administrationandmanagementoftheMukkaiAyyappaTemplenow
managed by the Mukkai Ayyappa Sangam;
2. The petitioner states that the Mukkai Ayyappa Temple was originally
owned by the Vadamala Subramania Iyer family,andthesamewasconstitutedasa
private Trust in 2007. The petitioner claims to be the current Managing Trustee
responsible for administering the temple. He states that the Mukkai Siva Temple,
whichissituatednearby,ismanagedbytheMalabarDevaswomBoard.Thegrievance
of the petitioner is that the representatives of the Devaswom Board are interfering
withthemanagementoftheMukkaiAyyappaTemple.Hestatesthathehassubmitted
Ext.P4representationbeforetherespondentNos.1and2,requestingthemtorefrain
from interfering with the administration and management of the temple. Being
aggrieved by the non-consideration of Ext.P4, the petitioner is before this Court
seeking directions.
3. We have heard the submissions of Sri. P. R. Venkatesh, the learned
counsel appearing for the petitioner and Smt. R. Ranjanie, the learned Standing
Counsel appearing for the Malabar DevaswomBoard. ThelearnedStandingcounsel
WP(C) No. 31792 of 2025 3 2025:KER:64424
submitted that orders can be passed on Ext. P4 within a time frame of 4 months.
4. Havingregardtothefactsandcircumstancesandthesubmissionsmade
acrossthebar,thisWritPetitionisdisposedofdirectingthe1strespondenttotakeup,
consideranddisposeofExt.P4representationwithnoticetothepetitionerandother
affectedparties,ifany,andpassappropriateorders,inaccordancewithlaw,within4
months from the date of receipt of a copy of the judgment.
Itismadeclearthat,untilordersarepassedontherepresentationasordered
above, the respondents shall not precipitate any action on the above issue.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
d/-
S
K.V. JAYAKUMAR,
JUDGE
APM
WP(C) No. 31792 of 2025 4 2025:KER:64424
APPENDIX OF WP(C) 31792/2025
PETITIONER EXHIBITS
Exhibit P1
RUE
T COPY
OF
REGISTERED
TRUST
DEED
BEARING
NO. 110/2007 DATED 27.1.2007 OF SRO, PALAKKAD
Exhibit P2
RUE
T COPY
OF
ASSIGNMENTDEED
EXECUTED
BY
THE
MEMBERS
OFTHEFAMILY
BEARING
NO.
280/1998
OF
SRO, OLAVAKODE DATED 6.2.1998
Exhibit P3
RUE
T COPY
OF
SUPPLEMENTARY
TRUST
DEED
NO.
248/2008 DATED 28.6.2008 OF SRO, PALAKKAD
Exhibit P4
RUE
T COPY OF THE REPRESENTATION DATED
28.7.2025
SENT
TO
RESPONDENTS
1
AND
2
BYTHE
PETITIONER
Exhibit P5
RUE
T COPY
OF THE REGISTRATION OF
THE
TRUST
UNDER
SEC
12
AA
OF
THE
INCOME
TAX
ACT DATED
24.6.2009
ISSUED BY
COMMISSIONER OF
INCOME
TAX, THRISSUR
Exhibit P6
RUE
T COPY
OF
THE
LETTER
DATED
16.8.2025
ISSUED TO K.G. ANANTHANARAYANAN
Exhibit P7
RUE
T COPY
OF
LETTER
SUBMITTED
TO MUNICIPAL
OFFICE,
PALAKKAD
DATED
9.1.1947
BY
EXECUTIVE
TRUSTEE
Exhibit P8
RUE
T COPY
OF
TAX
RECEIPT
DATED
13.8.2025
ISSUED BY THE VILLAGE OFFICER
