Disposed

Unnikrishnan Namboothiri v. State of Kerala

Kerala HC25 Sept 2019WP(C)/17285/2019

Case brief

AI extract

What is this about?

The High Court directed the Deputy Commissioner to consider audit hall income for temple upgradation within two months, clarifying that a pending civil suit does not bar inclusion of such income unless a court explicitly declares the hall is not part of the temple.

What did the court decide?

Director directed to consider auditorium income for upgradation within two months and ensure consecutive employee benefits if upgraded.

Unnikrishnan Namboothiri Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941

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WP(C).No.17285 OF 2019(I)

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PETITIONERS:

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1 UNNIKRISHNAN NAMBOOTHIRI AGED 55 YEARS

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S/O.VASUDEVAN NAMBOOTHIRI MELSANTHI, ASHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT SRINILAYAM(HO) ST VINCENT COLONY ERANJIPALAM CALICUT

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2 SANKARAN NAMBOOTHIRI

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S/O.NARAYANANNAMBOOTHIRI, KEEZHSANTHI, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT SREYAS CHERUVAKKAD(HO) ST VINCENT COLONY ERANHIPALAM, KOZHIKODE-673006

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3 KEESAVAN NAMBOOTHIRI S/O.VASUDEVAN NAMBOOTHIRI KEEZHSANTHI, ASHAKODI DEVI TEMPLE, THURUTHIYAD RESIDING AT VATTAPPUZHA ILLAM VILAYIL.P.O. KUZHIMANNA MALAPPURAM -673641

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4 SREEJA.M CLERK AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT SREEKESAVAM PADIYATH(HO), PUTHIYANGADI PIN-670021

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5 V.M.SURESH VARIER, S/O.RAGAVA VARRIER KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT -ANU NILAYAM KUNNATHU PARAMBA HOUSE PUTHIYARA.P.O.CALICIUT-673004

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..2..

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WP(C).No.17285 OF 2019(I)

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6 K.PRAMESWARAN MARAN, S/O.KARUNAKARA MARAR VADHYAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT KUTTANPOYIL HOSUE KAYANNA BAZARP.O PERMBRA VIA-PIN 673525

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7 SIVASANKARA VARIER, S/O.KUNJIRAMA VARRIER KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT MADATHIL HOUSE, MODAKKALLUR P.O ATHOLI VIA, CALICUT, PIN-673315

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8 PAVITHRAN, S/O.KRISHNAN KUTTY NAIR, STORE KEEPER AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT CHEMBAKETTYARA HOUSE PANAYI, KOKKALLUR.P.O, CALICUTY PIN-673612

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9 SREEJESH KAZHAKAM

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S/O.SATHEESHKUMAR, KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT THAZHATHVEETTIL VATTOLI.P.O, KUTTIYADI, KOZHIKODE-673507

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10 SURENDRAN,

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S/O.GOPALAN NAIR, VAZHIPADU CLERK, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT CHIRATTAMANNIL HOUSE, CHATHAMANGALAM.P.O, NIT CALIKCUT VIA, KOZHIKODE-673601

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11 RANJITHA.V.T.

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D/O.RAVEENDRAN, CLERK, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE RESIDING AT 33/6179, NAMBILIL PARAMBATH HOUSE CHEVAYUR.P.O, KOZHIKODE-673507

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BY ADVS.

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SRI.K.MOHANAKANNAN SMT.T.V.NEEMA

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RESPONDENTS:

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WP(C).No.17285 OF 2019(I)

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEVASWOM, THIRUVANANTHAPURAM-695 001

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2 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, ERANKPLAM, KOZHIKODE-673 006

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3 COMMISSIONER MALABAR DEVASOM BOARD, HOUSEFED COMPLEX, ERANJIPALAM, KOZHIKODE-673 006

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4 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE DIVISION673 006

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5 THE EXECUTIVE OFFICER, AZHAKODI DEVI TEMPLE, THURUTHIYAD.P.O, KOZHIKODE-673 612

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6 THE CHAIRMAN BOARD OF TRUSTEE, AZHAKODI DEVI TEMPLE, THURUTHIYAD PO, KOZHIKODE-673 612

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R2-3 BY ADV. SRI.R.LAKSHMI NARAYAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17285 OF 2019(I)

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JUDGMENT

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The petitioners are the employees of Sree Azhakodi Devi temple, Thuruthiyad, Kozhikode. This matter is related to the up gradation of the temple as Special Grade Temple. According to the petitioner, income from the Auditorium attached to the temple will have to be reckoned for the purpose of up gradation. However, this was not reckoned for the reason that there was a dispute regarding the ownership of the Auditorium. Admittedly, a suit was filed. The suit was dismissed. The matter is now carried in appeal. As of now, there are no records to show that this is not in part of the temple. Unless and otherwise it is declared that Auditorium is not a part of the temple, the income generated from the auditorium is also has to be considered.

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As far as the Commissioner of Malabar Devaswom

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WP(C).No.17285 OF 2019(I)

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need to consider is whether the income is being collected by the temple is in their account or not. If the income is being collected by the temple, it has to be treated as the income of the temple, unless and otherwise, it is ordered by the competent Court or Authority. Merely, because a dispute has been raised in regard to the ownership of the auditorium, it cannot be said that it does not from part of the temple. There is no dispute to the fact that income from the Auditorium is being collected by the Executive Officer of the Temple. Therefore, appropriate decision shall be taken by the Commissioner after taking note of the income generated by the Auditorium, in regard to the up gradation within a period of two months. It is made clear that in the event the any Civil Court, to declares that the Auditorium is not a part of the temple, it is open for the Commissioner to de grade the temple in accordance with such declaration of the Civil Court. If the commissioner takes decision that the temple

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WP(C).No.17285 OF 2019(I)

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has to be up graded, necessarily the consequential monetary benefits shall also be given to the employees in accordance with

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such up gradation without any delay.

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The Writ Petition is disposed as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.17285 OF 2019(I)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DECISION TAKEN BY THE MALABAR DEVASWOM BOARD DT.29.09.2011

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EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.18418/2011 DT.19.1.2012 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OS 273/2006 DT.4.7.2013 EXHIBIT P4 TRUE COPY OF THE GO(RT)NO.5718/2012/RD DT.6.10.2012 EXHIBIT P5 TRUE COPY OF THE GO(MS)116/2009/RD DT.28.2.2009 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DT.7.3.2019 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DT.7.3.2019 SUBMITTED BY THE PETITIONERS BEFORE 3RD RESPONDENT

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EXHIBIT P8 TRUE COPY OF THE ACCOUNT STATEMENTS FOR THE YEAR 2016-17 IN RESPECT OF THE TEMPLE AND THE KALYANAMANDAPAM

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EXHIBIT P9 TRUE COPY OF THE ACCOUNT STATEMENT FOR THE YEAR 2018 IN RESPECT OF THE TEMPLE AND THE KALYANAMANDAPAM

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EXHIBIT P10 TRUE COPY OF THE ORDER OF THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE DATED 21/04/1982

Unnikrishnan Namboothiri v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan Namboothiri v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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