The High Court of Kerala heard a writ petition filed by a temple trustee seeking quashing of a Devaswom Board order. Following the original petitioner's death, the court distinguished substitution from a fresh suit, dismissed the application to transpose the successor, and abated the writ petition.
Writ petition dismissed as abated.
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 ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
W.P.(C)NO.6216 OF 2021
PETITIONER:
1 P.M.BALAKRISHNAN, AGED 85 YEARS, S/O.LATE P.M.KALYANI AMMA, TRUSTEE AND GENERAL MANAGER, PRASSINI MADAPPURA SREE MUTHAPPAN TEMPLE, PARASSINIKADAVU P.O., KANNUR DISTRICT - 670 563.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
W.P.(C)NO.6216 OF 2021
2
9 SUDHARMAN M.P., AGED 66 YEARS, S/O.P.M.KOUSALYA, RESIDING AT SINI NIVAS, VARAM P.O., VALIYANNUR AMSOM, VARAM DESOM, KANNUR DISTRICT - 670 594.
10 SUDHEER M.P., AGED 63 YEARS, S/O.P.M.KOUSALYA, RESIDING AT PRANAM, NEAR CSI CHURCH, CHOVVA P.O., ELAYAVUR AMSOM, KANNUR DISTRICT - 670 005.
11 AJAYKUMAR, AGED 62 YEARS, S/O.P.M.JANAKI, RESIDING AT ANOGHA, MUZHUVILANGAD P.O., KANNUR DISTRICT - 670 662.
W.P.(C)NO.6216 OF 2021
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BY ADVS. G.SREEKUMAR (CHELUR) PRABHA R.MENON
OTHER PRESENT:
SRI S. RAJMOHAN -SR. GOVERNMENT PLEADER;
SRI R LAKSHMI NARAYAN - STANDING COUNSEL - MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.6216 OF 2021
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JUDGMENT
Anil K. Narendran, J.
The petitioner, the trustee and the General Manger of the Prassini Madappura Sree Muthappan Temple, has filed this writ petition, seeking a writ of certiorari to quash Ext.P9 order dated 02.02.2021 of the 2 nd respondent Commissioner, Malabar Devaswom Board.
2 . On 27.04.2021, when this writ petition came for admission, this Court issued notice on admission to respondents 4 to 12 by speed post.
3 . On 27.10.2021, the 5 th respondent in the writ
petition has filed I.A.No.2 of 2021 under Order I Rule 10 of the
Code of Civil Procedure, 1908, seeking an order permitting him to be transposed as the additional petitioner in the writ petition since the writ petitioner died. According to the 5 th respondent, the right to sue survives in him as the person in administration of the temple on the death of the writ petitioner.
4 . Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1 st respondent and
W.P.(C)NO.6216 OF 2021
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the learned Standing Counsel for Malabar Devaswom Board appearing for respondents 2 and 3 and also the learned counsel for respondents 4 to 12.
5 . Today, by a separate order in I.A.No.2 of 2021, this
Court dismissed the said application directing that, if the 5 th respondent is aggrieved by the observations contained in Ext.P9 order, instead of getting himself substituted as the petitioner in this writ petition, he can very well challenge that order by filing a fresh writ petition.
In such circumstances, without prejudice to the aforesaid right of the 5th respondent, this writ petition is dismissed as abated.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR,
JUDGE
MIN
W.P.(C)NO.6216 OF 2021
6
APPENDIX OF WP(C)No.6216 OF 2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REVISION PETITION FILED BY THE RESPONDENTS 2 TO 7 HEREIN AND NUMBERED AS R.P.NO.2 OF 2020 DATED 18/6/2020.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION OF THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT HEREIN DATED 16/7/2020. EXHIBIT P3 A TRUE COPY OF THE APPLICATION FILED BY THE 8TH RESPONDENT HEREIN BEFORE THE 2ND RESPONDENT HEREIN DATED 17/7/2020.
EXHIBIT P4 A TRUE COPY OF THE REPORTED JUDGMENT IN 2018 VOL 18 SCC PAGE 560 DATED 27/9/2018.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WPC NO.19584 OF 2020 DATED 5/10/2020 OF THIS HON'BLE COURT.
EXHIBIT P6 A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 24/9/2020.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DELIVERED IN WP(C) NO.24056 OF 2020 DATED 10/11/20 OF THIS HON'BLE COURT.
EXHIBIT P8 A TRUE COPY OF THE APPLICATION FOR IMPLEADING FILED AS IA NO.20 OF 20 IN R.P.NO.2 OF 20 FILED DATED 2/12/20.
EXHIBIT P9 A TRUE COPY OF THE ORDER PASSED IN IA NO 2O OF 20 IN R.P.NO.2 OF 20 DATED 2/2/21 BY THE COMMISSIONER, MALABAR DEVASWOM BOARD.
2 issues framed by the court
Whether the writ petition abated due to the death of the original petitioner.
Whether the successor trustee can be substituted as an additional petitioner via Order VII Rule 10 CPC.
1 provisions across 1 enactments
P.M. Balakrishnan
The State of Kerala
Te Commissioner, Malabar Devaswom Board
The Assistant Commissioner, Malabar Devaswom Board
P. Satheesan
P.P. Madhavan
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
