Review petition allowed deleting words directing representation to Devaswom Board. Court held Deputy Commissioner competent under H.R. & C.E. Act amendment to decide matter, extending time for consideration.
Words 'for placing it before the Devaswom Board' deleted from judgment; time for consideration extended by one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
RP NO. 168 OF 2022
(AGAINST THE JUDGMENT DATED 11.11.2021 IN WP(C) 24869/2021 OF HIGH
COURT OF KERALA)
REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN W.P.:
RESPONDENTS/PETITIONER AND RESPONDENTS 4 AND 5 IN W.P.:
S/O. P. KRISHNAN NAMBOOTHIRI (LATE) PERKULATHILLAM, KALESWARAM, KANKOL P.O, KANNUR 670 307 WORKING AS SHANTI AS SREE NAMBYATHRA KOVVIL SIVA KSHETHRAM, PAYYANNUR P.O, KANNUR DISTRICT 670 307
ADV.FIROZ K.ROBIN FOR R1
RP NO. 168 OF 2022
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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 168 OF 2022
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ORDER
Dated this the 24th day of February, 2022
This court by judgment dated 11.11.2021 in W.P. (C.) No.24869 of 2021 had directed the petitioner to submit a comprehensive representation before the third respondent-Deputy Commissioner for placing it before the Devaswom Board, for appropriate decision. According to the Devaswom Board, which has now filed this review petition, under Section 49(2) of H.R. & C.E. Act, as amended in 2008, the Deputy Commissioner is competent to take a decision in such type of matters. Hence, Board need not be burdened with such a direction, it was submitted. The learned Counsel for the first respondent also fairly conceded to this.
Accordingly, I am inclined to allow the review petition to the extent of deleting the words “for placing it before the Devaswom Board”, from the 3rd paragraph, 7th line. Accordingly, the time for consideration of the representation by the third
RP NO. 168 OF 2022
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respondent-Deputy Commissioner will stand extended by one month from the date of receipt of a copy of the modified judgment, all other directions in the judgment will remain. Issue modified judgment.
Sd/-
SUNIL THOMAS
JUDGE
SKP/24.02
RP NO. 168 OF 2022
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PETITIONERS' EXHIBITS: NIL RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
1 issue framed by the court
Whether the Deputy Commissioner is competent to take decision under Section 49(2) of H.R. & C.E. Act, amending 2008, without referring to Devaswom Board?
1 provisions across 1 enactments
Malabar Devaswom Board
Commissioner Malabar Devaswom Board
Deputy Commissioner Malabar Devaswom Board
P. Subramanian Nambudiripad
Sree Nambiathrakovval Siva Kshethram
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
