Petitioner failed to appear. Respondents argued the petition became infructuous due to appointment of Melsanthi pursuant to challenged notice. Court dismissed petition reserving liberty to challenge appointment specifically.
Writ petition dismissed with liberty to challenge the specific appointment effected.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
WP(C).No. 31591 of 2016
PETITIONER/S:
PARAMESWARAN NAMPOOTHIRY M.
AGED 51 YEARS, S/O. K. MADHAVAN NAMPOOTHIRY, NEELAMANA ILLOM, RESIDING AT NEELAMANA ILLOM, CC 59/105, AMMAN KOVIL CROSS ROAD, ERNAKULAM.
BY ADV. SRI.M.MADHAVAN NAMBOOTHIRI
RESPONDENT/S:
1 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN- 695 003.
2 THE ASST. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARAMULA GROUP, ARANMULA, PATHANAMTHITTA DISTRICT. PIN- 689 533.
3 TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, PIN- 695 003. REPRESENTED BY ITS SECRETARY.
SRI.C.K.PAVITHRAN, SC, TDB SRI.T.K.AJITH KUMAR, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31591 of 2016
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JUDGMENT
There was no representation for the petitioner on
21/02/2019 hence the writ petition is posted today.
There is no representation for the petitioner today also.
respondents submit that the relief sought in the writ petition has become infructuous since, pursuant to Ext P4 notice, which is under challenge in this writ petition, the Karanma families of the Chenganoor Mahadeva Temple had nominated one Sambhu Namboothiri to be the Melsanthi of the temple for a period of three years and accordingly, the said Sambhu Namboothiri was appointed and is continuing as Melsanthi. As the challenge against Ext P4 is of no avail, in view of the appointment effected pursuant to Ext P4, nothing survives for consideration in the writ petition.
Accordingly, the writ petition is dismissed,
reserving the liberty of the petitioner to challenge
WP(C).No. 31591 of 2016
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the appointment effected pursuant to Ext P4, if so adviced. Sd/V.G.ARUN SPR JUDGE
WP(C).No. 31591 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF PART | ITIO | N DEED. |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF PAN SHOWING PROOF OF |
CARD AGE. |
NO. ABIPN 5475D |
| EXHIBIT P3 | TRUE COPY OF NOTI NO. 2 TO ALL THE REQUESTING NOMINA MELSANTHI-NOTICE |
CE S FOUR TION NO 2 |
ENT BY THE RESPONDENT KARANMA FAMILIES, FOR APPOINTMENT OF 126 DATED 25.08.2006. |
| EXHIBIT P4 | TRUE COPY OF NOTI NO. 2 TO ALL THE REQUESTING NOMINA MELSANTHI-NOTICE |
CE S FOUR TION NO. |
ENT BY THE RESPONDENT KARANMA FAMILIES, FOR APPOINTMENT OF 1332 DATED 03.09.2016. |
| EXHIBIT P5 | TRUE COPY OF ONE KARANMA FAMILIES LETTER DATED 25.0 |
PREV AGAI 8.20 |
IOUS NOMINATION FROM NST DEVASWOM BOARD 06 |
| EXHIBIT P6(a) | TRUE COPY OF DEVA 2011, PAGE 42,43, |
SWOM 246 |
MANUAL VOLUME II, CALUSE NO. 13(C). |
| EXHIBIT P6(b) | TRUE COPY OF RULE OF THE TRAVANCORE INSTITUTIONS ACT SERVICE. |
S FR COC 1950 |
AMED UNDER SECTION 28 HIN HINDU RELIGIOUS REGARDING KARANMA |
| EXHIBIT P7 | RETIREMENT AGE OF ROC 4832/78/MIS D |
SAN ATED |
THIKAR- DEVASWOM ORDER 28.10.1977. |
RESPONDENT'S/S EXHIBITS: NIL.
2 issues framed by the court
Whether the challenge to the nomination notice was maintainable given the subsequent appointment.
Whether the writ petition had become infructuous due to the appointment of the Melsanthi.
Parameswaran Nampoothiri M.
Devaswom Commissioner, Travancore Devaswom Board
The Asst. Devaswom Commissioner
Travancore Devaswom Board Nanthancode
V.G.Arjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
