Petitioner challenged Devaswom Board's direction to officiate at Ramapuram Temple. Court directed Board to conduct a hearing and decide the succession issue based on evidence, keeping petitioner in status quo.
Directed the Board to call a hearing with parties and decide the issue of succession based on evidence.
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 K.VINOD CHANDRAN
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
OP.No. 6913 of 2001 (W)
PETITIONER(S) :
VASUDEVAN BHATTATHIRI, VADAKKEMOODAMPADI ILLOM, RAMAPURAM, KEERIKAD P.O.
BY SRI.P.RAVINDRAN (SENIOR ADVOCATE) ADV. SRI.ANIL SIVARAMAN
RESPONDENT(S) :
1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.
2. SPECIAL COMMISSIONER, TRAVANCORE DEVASOM BOARD, OFFICE OF THE SPECIAL COMMISSIONER, THIRUVANANTHAPURAM.
3. THE ASSISTANT COMMISSIONER, MAVELIKKARA GROUP, MAVELIKKARA.
4. DAMODARAN BHATTATHIRI, KOTTAATHIL MADOM, RAMAPURAM, KEERIKAD P.O.
5. HARIKUMAR BHATTATHIRI, KOTTAATHIL MADOM, RAMAPURAM, KEERIKAD P.O.
R1 TO R3 BY ADV. SRI.P.GOPAL, S.C
ADV.SRI.RAJAN BABU, S.C ADDL.R4 & R5 BY ADVS. SRI.B.GOPAKUMAR
SMT.CHINCY GOPAKUMAR SRI.VARGHESE PREM
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP.No. 6913 of 2001 (W)
APPENDIX
PETITIONER(S)' EXHIBITS :
----------------------------------------EXHIBIT P1: TRUE COPY OF THE REPRESENTATION DATED 24.02.2001. EXHIBIT P2: TRUE COPY OF THE COMMUNICATION DATED 30.08.2000. RESPONDENT(S)' EXHIBITS : ------------------------------------------NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J. ---------------------------------O.P. No.6913 of 2001
Dated this the 8th day of January, 2016
JUDGMENT
The petitioner claimed to be the Thanthri of
Ramapuram Devi Temple at Ramapuram. The petitioner filed the above writ petition, since the respondent Board, after assumption of the Temple, directed the Thanthri of the Haripad Temple to officiate and carry
out the duties of the Thanthri in the Ramapuram Temple on the 'Makarakarthika' day in March, 2001. The petitioner approached this Court asserting his right as Thanthri and this Court had by order dated 28.02.2000 directed that no deputation shall be made and the petitioner shall be continued as Thanthri.
O.P. No.6913 of 2001
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O.P. No.6913 of 2001
3
Board numbered as A.S. No.166 of 2002, was allowed and the matter is remanded. The suit is said to be now pending before the Civil Court. As of now, it is also an admitted case that none others have staked a claim to the post of Thanthri.
In such circumstance, considering the prayer of the petitioner in the writ petition for consideration of the issue by the Board, it is directed that the Board shall call for a hearing; the petitioner, as also any other affected party and decide the issue on the basis of the evidence available in the Temple or produced by the petitioner or any rival claimant. It is made clear that this Court has not made any observation on merits of the matter. However, till a decision is taken by the Board, the petitioner would be entitled to continue, since he has been continuing for the last 13 years and subsequent to the decision, the matter shall be
O.P. No.6913 of 2001
4
governed by such decision of the Board and also necessarily any orders passed by the Civil Court in the suit.
The writ petition stands disposed of with the above observations.
Sd/-
K. VINOD CHANDRAN,
JUDGE.
//True Copy//
P.A. to Judge.
sp/11/01/16
1 issue framed by the court
Whether to continue the petitioner in the post of Thanthri pending the Board's decision on rival claims.
Vasudevan Bhattathiri
Travancore Devaswom Board
Assistant Commissioner
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
