Dismissed

T.K.Suresh Babu v. State of Kerala

Kerala HC30 Oct 2013WP(C)/26466/2013

Case brief

AI extract

What is this about?

The petitioner sought a writ of prohibition to prevent the first respondent from nominating respondents 3 to 8 as Managing Committee members of Guruvayur Devaswom. The Court held the petition was too premature as the Government had not yet exercised its nomination power, dismissing it without adjudicating merits.

What did the court decide?

The writ petition was dismissed as totally premature. The Court did not adjudicate the merits of the matter.

T.K.Suresh Babu Vs State of Kerala — Service and Employment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 30TH DAY OF OCTOBER 2013/8TH KARTHIKA, 1935

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WP(C).No. 26466 of 2013 (G)

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PETITIONER :

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T.K.SURESH BABU, AGED 50 YEARS S/O. LATE T.K.BALAKURUP, A7-DEVASWOM STAFF QUARTERS NENMINI P.O., PIN-680 104, GURUVAYOOR THRISSUR.

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BY ADVS.SRI.BABU CHERUKARA SMT.ROSAMMA MATHEW SRI.P.A.SALIM SRI.ANZAR BASHEER

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RESPONDENTS :

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE(DEVASWOM) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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THE COMMISSIONER GURUVAYOOR DEVASWOM, SECRETARIAT THIRUVANANTHAPURAM-695 001.

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N.RAJU

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SOUPARNIKA HOUSE, CHAMUNDESSARI ROAD GURUVAYOOR-680 101.

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T.V.CHANDRAMOHAN

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GOVIND HOUSE, HARISREE, MURUKA NAGAR POONKUNNAM, THRISSUR-2.

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G.MADHUSOODHANAN PILLAI VENUKA HOUSE, NEAR COURT CAMPUS, ATTINGAL P.O. THIRUVANANTHAPURAM DISTRICT-695 101.

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THUSHAR VELLAPPILLI VELLAPPILLI HOUSE, KANICHIKULANGARA P.O. ALAPPUZHA-688 544.

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ADV. M.JANARDHANAN JANEENAM, PALLIYIL PARAMBU, PUTHIYARA KOZHIKODE-673 029.

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WP(C).No. 26466 of 2013 (G)

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K.SIVASANKARAN SOUMYA VIHAR, PALIYAMKADAVU ROAD, CHENDAMANGALAM P.O. N.PARUR-683 513.

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THE GURUVAYUR DEVASWOM MANAGING COMMITTEE REPRESENTED THROUGH ITS ADMINISTRATOR GURUVAYUR DEVASWOM OFFICE, GURUVAYUR-680 101.

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BY SRI.P.GOPAL, SC, GDB

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BY GOVERNMENT PLEADER SRI.R.PADMARAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26466 of 2013 (G)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1 : COPY OF THE COMPLAINT CMP NO.481/2013 FILED BY SREEJESH BEFORE THE ENQUIRY COMMISSIONER & SPECIAL COURT(VIGILANCE), THRISSUR, DTD.9.10.2013.

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P2 : COPY OF THE ORDER IN CMP NO.481/2013 OF THE ENQUIRY COMMISSIONER & SPECIAL COURT(VIGILANCE), THRISSUR, DTD.9.10.2013.

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P3 : COPY OF THE ORDER IN CMP NO.47275/99 IN OP NO.27853/1999-N OF THE HON'BLE HIGH COURT OF KERALA, DTD.8.11.1999.

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P4 : COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD.20.10.2013.

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P5 : COPY OF THE JUDGMENT IN WPC NO.34442/2003 OF THE HON'BLE HIGH COURT OF KERALA, DTD.5.3.2004.

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P6 : COPY OF THE NEWS PAPER REPORT IN MANGALAM DAILY DTD.24.9.2013.

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P7 : COPY OF THE JUDGMGENT IN OP NO.15832/1993 OF THE HON'BLE HIGH COURT OF KERALA, DTD.5.8.1999.

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P8 : COPY OF THE JUDGMENT IN WPC NO.26187/2011 OF THE HON'BLE HIGH COURT OF KERALA, DTD.21.8.2012.

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RESPONDENTS' EXHIBITS : NIL

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// True Copy //

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T.R.RAMACHANDRAN NAIR

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B.KEMAL PASHA, JJ.

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W.P.(C) No.26466 of 2013 G

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Dated this the 30^th day of October, 2013

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Ramachandran Nair, J.

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This writ petition is filed by the petitioner seeking to issue a writ of prohibition or any other appropriate writ or order preventing the first respondent from nominating/appointing respondents 3 to 8 as the Managing Committee members of Guruvayur Devaswom. Going by the averments in the writ petition, so far the Government has not exercised the power of nomination. According to the petitioner, the materials relied upon in the writ petition have to be gone through by this Court and grant relief as sought for.

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As far as the writ of prohibition sought is concerned, normally such a writ can be issued only against an inferior court or Tribunal when it is acting without or in excess of jurisdiction.

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WPC.26466/2013

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: 2 :

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Apart from that, we are of the view that this writ petition is too premature for this Court to entertain. The Government is yet to nominate the members of the Managing Committee of the Guruvayur Devaswom. This Court has already dismissed W.P.

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(C) No.20892/2013, wherein almost on same set of facts, another petitioner approached this Court seeking to intervene with the nomination of various persons as members of the Managing Committee. We have dismissed the said writ petition stating that the same is too premature.

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In the light of the above, we dismiss this writ petition as it is totally premature. It is made clear that we have not gone into the merits of the matter.

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Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/30/10

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// True Copy //

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PA to Judge

T.K.Suresh Babu v. State of Kerala

Case brief

What is this about?

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T.K.Suresh Babu v. State of Kerala

Case brief

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