High Court of Kerala disposed a writ petition by the Kadathasserril Kudumbayoga Trust challenging the publication of voters list. The Court held the Devaswom is a private body and dismissed the petition as not maintainable in this Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 25TH DAY OF NOVEMBER 2013/4TH AGRAHAYANA, 1935
WP(C).No. 28779 of 2013 (V)
PETITIONER:
KADATHASSERRIL KUDUMBAYOGA TRUST
REG.NO.17/82, REPRESENTED BY SECRETARY, VISWANATHAN S/O.GOPALAN, KALIYIKKAL HOUSE, MALANADA EDAKAD P.O., KOLLAM - 691552.
BY ADV. SRI.T.O.XAVIER
RESPONDENT:
BY GOVERNMENT PLEADER SRI.A.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28779 of 2013 (V)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P-1: A TRUE COPY OF THE VOTERS LIST OF KADUTHASSERIL KUDUMBOM
EXT.P-2: A TRUE COPY OF THE PHOTOS TEMPLES OF MALANADA DEVASWOM
EXT.P-3: COPY OF THE ELECTION NOTIFICATION DATED 5.11.2013 PUBLISHED BY THE 4TH RESPONDENT.
EXT.P-4: A TRUE COPY OF THE VOTERS LIST 2013 KETTUNGAL KUDUMBAYOGAM TRUST
EXT.P-5 & P-5(A): A TRUE COPY OF THE PETITIONER ISSUED LETTERS TO THE 4TH RESPONDENT DATED 9.11.2013 AND ANOTHER LETTER ISSUED TO THE PRESIDING COMMITTEE OF KADUTHASSERRY KUDUMBA TRUST DATED 11.10.2013
EXT.P-6: A TRUE COPY OF THE DEED REGISTERED WITH SUB REGISTRAR ADOOR - DOCUMENT NO.3965
EXT.P-7 & P-7(A): A TRUE COPIES OF NOTICE 20.12.2012 AND NOTIFICATION DATED 17.2.2013.
RESPONDENTS' EXHIBITS : NIL
// True Copy //
PA to Judge
T.R.RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ.
W.P.(C) No.28779 of 2013 V
Dated this the 25th day of November, 2013
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Ramachandran Nair, J.
Petitioner is a Kudumbayoga Trust which is aggrieved by the publication of voters list for conducting election to the first respondent Devaswom. Some other complaints have also been raised.
WPC.28779/2013
: 2 :
maintainable.
approach appropriate forum for relief.
Leaving open the appropriate remedy, the writ petition
is dismissed.
Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)
Sd/- (B.KEMAL PASHA, JUDGE)
aks/25/11
// True Copy //
PA to Judge
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction in case of election to a private Devaswom body not under Devaswom Board control.
KADATHASSERRIL KUDUMBAYOGA TRUST
PORUVAZHY PERUVIRUTHYU MALANADA DEVASWOM
S.N.D.P
STATE OF KERALA
T.R.RAMACHANDRAN NAIR
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
