Petitioners sought to quash an order appointing a fit person as temple manager, alleging violation of natural justice. The court dismissed the petition, holding that consistency requires the writ to be dismissed as a cognate W.P. No.301/2021 challenging the identical order was previously dismissed without prejudice.
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 MURALI PURUSHOTHAMAN
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.5382 OF 2021(W)
PETITIONERS:
1 BINOY P AGED 31 YEARS S/O BHASKARAN,RESIDING AT JANAKI NILAYAM, KUTHUPARAMBA AMSOM NARAVOOR DESOM, THALASSERY TALUK,P.O.KUTHUPARAMBA, KANNUR-670643.
2 BIJOY.K.P, AGED 34 YEARS S/O.KUNJAPPA,RESIDING AT PUTHUSSERY HOUSE, KUTHUPARAMBA AMSOM, NARAVOOR DESOM, THALASSERY TALUK,P.O.KUTHUPARAMBA, KANNUR-670643.
BY ADVS. SRI.R.SURENDRAN KUM.S.MAYUKHA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,DEVASWAM DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2 MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,MINI BYPASS ROAD,ERANHIPPALAM, KOZHIKODE,KERALA-673006,REPRESENTED BY THE COMMISSIONER & SECRETARY,MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,MINI BYPASS ROAD, ERANHIPPALAM,KOZHIKODE,KERALA-673006.
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4 DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,HOUSEFED COMPLEX, MINI BYPASS ROAD,ERANHIPPALAM,KOZHIKODE, KERALA-673006.
7 K.K.RAVI VARMA, KIZHAKKE KOVILAKAM,KOTTAYAM, MALABAR.P.O, KANNUR-670673.
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15 DHANEESH.V.P, VADAKKAYIL HOUSE,KOTTAYAM MALABAR.P.O, KANNUR-670643.
20 KOTTAYAM THEKKE KOVILAKATH VEERA VARMA RAJA, RAROTH AMSOM,KEETAVOOR DESOM, THAMARASSERY TALUK,KOZHIKODE DISTRICT, PIN-673573.
21 THE EXECUTIVE OFFICER, KOTTAYAM SREE THRIKKAIKUNNU MAHADEVA TEMPLE,KOTTAYAM MALABAR.P.O, KANNUR-670643.
SR.G.P.SRI.RENIL ANTO KANDAMKULATHY SRI. R. LAKSHMI NARAYAN, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).5382/2021
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JUDGMENT
Ravikumar, J.
The petitioners, who are devotees of Kottayam Sree Thrikkaikunnu Mahadeva Temple in Thalassery Taluk, filed this writ petition seeking quashment of Ext.P1 order dated 5.11.2020 in O.A No.5/2020 passed by the Deputy Commissioner, Malabar Devaswom Board (MDB), the fourth respondent under Section 57(a) of the Madras Hindu Religious & Charitable Endowments Act (for short, 'HR & CE Act'). The further prayer is to issue a writ of mandamus commanding respondents 1 to 4 and 21 to hand over the management of the temple in question to the 6th respondent. Furthermore, they seek for issuance of writ of mandamus commanding the fourth respondent to consider all issues involved in O.A No.5/2020 after affording opportunities to all persons interested in the matter including the petitioners.
The learned counsel for the petitioner persuasively argued that despite the availability of an alternative remedy against Ext.P1 order under section 61 of the HR & CE Act, the order impugned invites
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interference for it was passed in violation of the principles of natural justice. Today, we dismissed W.P.(C) No.301/2021 moved by the very temple in question along with Kottayam Sree Thrikkaikunnu Mahadeva Kshetra Samrakshana Samithy Trust. In the said writ petition also, the very Ext.P5 order dated 05.11.2020 passed by the Deputy Commissioner, Malabar Devaswom Board under Section 57(a) of the HR & CE Act in O.A.No.5/2020 was under challenge. That writ petition was dismissed without prejudice to the right of the petitioners to avail the statutory remedy available under Section 61 or to move appropriately in a pending Regular First Appeal before this Court, viz., RFA No.382/2008, taking note of the submission made therein that Ext.P1 therein violates the interlocutory order passed in the said RFA. The petitioners raised a contention that since Ext.P5 order was passed in excess of the jurisdiction under Section 57(a) inasmuch as in and vide the said order, a fit person was appointed and that too, in violation of the principles of natural justice, existence of remedy shall not be a reason for non-suiting the petitioner. However, we are of the view that consistency should be the hall mark of judicial proceedings. When W.P. (C) No.301/2021 filed against the very same order viz., order dated 05.11.2020 passed by the Deputy Commissioner, MDB was dismissed
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without prejudice to the right of the petitioners therein to avail the statutory remedy available, we have no hesitation to hold that this Court would not be justified in entertaining this writ petition and proceeding to consider on merits. In that view of the matter and also taking into account the availability of an alternative efficacious remedy, the writ petition is dismissed without prejudice to the right of the petitioners to avail the statutory remedy available under the HR & CE Act.
Sd/C.T.RAVIKUMAR JUDGE
Sd/MURALI PURUSHOTHAMAN JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 05.11.2020 IN O.S.NO.5 OF 2020 OF THE 4TH RESPONDENT.
Spc/
3 issues framed by the court
Whether the High Court should entertain the writ petition on merits when another writ petition challenging the same interim order was previously dismissed without prejudice.
Whether the existence of an alternative statutory remedy bars the exercise of writ jurisdiction when the impugned order allegedly violates natural justice.
Whether the Deputy Commissioner, Malabar Devaswom Board, had jurisdiction to appoint a fit person in violation of natural principles.
Colour shows how this judgement treated each authority
W.P.(C) No.301/2021Referred¶49
2 provisions across 1 enactments
Binoy P
Bijoy.K.P
State of Kerala
Malabar Devaswom Board
Commissioner and Secretary, Malabar Devaswom Board
Deputy Commissioner, Malabar Devaswom Board
C.T. Ravikumar
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
