The Court directed the Commissioner to consider and dispose of a revision petition filed under Section 18 of the HR & CE Act expeditiously within one month, and to maintain status quo pending its decision.
Directions to maintain status quo and to dispose of the revision petition within one month.
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 C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
WP(C).No.23766 OF 2020(U)
PETITIONER:
T.V.RAMAKRISHNAN NAMBIAR AGED 72 YEARS S/O. KRISHNAN MENON THONNAKOTTU VADAKKETHIL KOUSTHUBHAM, MUTHUTHALA P.O. PATTAMBI, PALAKKAD DISTRICT
BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA
RESPONDENTS:
1. MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE – 673 006
2. THE COMMISSIONER, MALABAR DEVASWOM BOARD HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE – 673 006
3. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD MALAPPURAM DIVISION, CIVIL STATION, TIRUR MALAPPURAM – 679 303
4. THE EXECUTIVE OFFICER, MUTHUTHALA SREE MAHA GANAPATHI TEMPLE, MUTHUTHALA P.O., PATTAMBI PALAKKAD DISTRICT – 679 303
BY SRI. R. LAKSHMI NARAYAN, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23766 OF 2020(U) 2
JUDGMENT
Ravikumar, J.
The petitioner is the Chairman and Managing Trustee of Muthuthala Sree Maha Ganapathi Temple, Pattambi in Palakkad District. The temple is being administered by five hereditary trustees. It is the precise case of the petitioner that no scheme has been approved in respect of the temple in question. Behind the back of the trustees, a Temple Renovation Committee was proposed to be constituted and in fact, it was constituted and the constitution was approved as per Ext.P1. Feeling aggrieved by Ext.P1, petitioner preferred Ext.P2 revision petition before the Commissioner under Section 18 of the Hindu Religious and Charitable Endowment Act (for short 'the HR & CE Act'). Initially Ext.P3 interim order was passed staying the operation of implementation of Ext.P1. However, the fact is that the same was not extended.
WP(C).No.23766 OF 2020(U) 3
the same time, the learned Standing Counsel submitted that since Ext.P2 is pending, it could be disposed of in accordance with law expeditiously.
WP(C).No.23766 OF 2020(U) 4
The writ petition is disposed of as above.
Sd/-
C.T.RAVIKUMAR JUDGE
Sd/-
K.HARIPAL JUDGE
DCS/04.11.2020
WP(C).No.23766 OF 2020(U) 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF DATED 15.07.2 |
THE 020 |
DECISION OF THE 3RD RESPONDENT |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF | THE | R.P. NO. 4/2020 |
| EXHIBIT P3 | TRUE COPY OF | THE | ORDER N I.A. NO. 8/2020 DATED |
| 23.09.2020 | |||
| EXHIBIT P4 | TRUE COPY OF | CIRC | ULAR DATED 15.06.2007 |
1 issue framed by the court
Whether the writ petition disposed of on merits or with alternative direction to expedite revision petition.
T.V. Ramakrishnan Nambiar
Malabar Devaswom Board
The Commissioner, Malabar Devaswom Board
The Assistant Commissioner, Malabar Devaswom Board
The Executive Officer, Muthuthala Sree Maha Ganapathi Temple
C.T. Ravikumar
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
