This judgment dismisses a writ petition challenging an order disqualifying petitioners as Non-Hereditary Trustees of Sree Thirupuraikkal Bhagavathi Temple. The High Court refused to examine the merits as the petitioners' two-year term had already expired. The court left legal and factual contentions open.
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 1ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944
WP(C) NO. 16458OF 2018
PETITIONERS:
1 P.V. MURALEEDHARAN AGED 54 YEARSS/O. V.P.K. NAIR, AGED 54 YEARS, SREELAKSHMI, MADHAV NAGAR, VADAKKANTHARA, PALAKKAD DISTRICT.2 C. JANARDHANAN CHANGAM HOUSE , VADAKKANTHARA P.O, PALAKKAD DISTRICT.BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALAREPRESENTED BY SECRETARY TO GOVERNMENT REVENUE/DEVASWOM, THIRUVANANTHAPURAM-695 001.2 THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANJIPALAM KOZHIKODE-673 006.3 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, ERANJIPALAM, KOZHIKODE-673 006.4 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, PALAKKAD DIVISION, CIVILW.P.(C).No.16458 of 2018.
2
STATION, PALAKKAD-678 001.
5 EXECUTIVE OFFICER SREE THIRUPURAIKKAL BHAGAVATHI TEMPLE, VADAKKANTHARA, PALAKKAD -678 012.6 V.P. KANNANUNNI S/O. LATE MADHAVAN NAIR, SREEVALSOM, MADHAV NAGAR, VADAKKANTHARA, PALAKKAD -678 012.7 SURESHKUMAR VELLATT HOUSE, VADAKANTHARA, PALAKKAD-678 012.8 DR. VALSAKUMAR PERUNAMKOTT, SURYA HEIGHTS, KALAMANDAPAM, PALAKKAD678 012.9 V.K.R. PRASAD GOKULAM, INDIRA NAGAR, PIRAYIRI P.O, PALAKKAD-678 004.10 P.PREMKUMAR PREMNIVAS, VADAKANTHARA,P.O, PALAKKAD-678 012. BY ADVS. SRI.M.G.ASHOKAN SRI.MAHESH V RAMAKRISHNANTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.16458 of 2018.
3
JUDGMENT
Anil K. Narendran, J.
The petitioners, who have submitted an application for being selected as Non-Hereditary Trustees of Sree Thirupuraikkal Bhagavathi Temple, Vadakkanthara in Palakkad District, which is a controlled institution under the 3rd respondent Malabar Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 proceedings dated 25.04.2018 of the 2nd respondent Commissioner, in so far as it disqualifies the petitioners to hold the office as Non-Hereditary Trustees of Sree Thirupurakkal Bhagavathi Temple, Vadakkanthara, Palakkad and directing the said respondent to appoint the petitioners as Non-Hereditary Trustees, as decided in Ext.P1, within a time frame to be fixed by this Court.
W.P.(C).No.16458 of 2018.
4
learned Standing Counsel for Malabar Devaswom Board took notice for respondents 2 to 4. Urgent notice by speed post was ordered to respondents 7 to 10.
W.P.(C).No.16458 of 2018.
5
In such circumstances, this writ petition is dismissed, leaving open the legal and factual contentions raised by both
sides, since the term of the appointment of the petitioners as Non-Hereditary Trustees of Sree Thirupuraikkal Bhagavathi Temple vide Ext.P4 order had already expired.
Sd/-
ANIL K. NARENDRN JUDGE
Sd/- P.G. AJITHKUMAR JUDGE
Raj.
01.11.2022.
W.P.(C).No.16458 of 2018.
6
APPENDIX OF WP(C) 16458/2018
PETITIONER EXHIBI |
TS |
|---|---|
EXHIBIT P1 |
TRUE COPY OF THE INFORMATION GIVEN BY THE 2NDRESPONDENT WITH RELEVANT PAGES OF THE MINUTESOF THE MALABAR DEVASWOM BOARD DATED 25.07.2016 |
EXHIBIT P2 |
TRUE COPY OF THE ORDER NO. GO(RT)2037/2017/RDDATED 28.4.2017. |
EXHIBIT P3 |
TRUE COPY OF THE INTERIM ORDER DATED 20.11.17 |
INIA18742/2017INWRITPETITIONNO.16831/2017. |
|
EXHIBIT P4 |
TRUE COPY OF THE ORDER PASSED BY THE 2NDRESPONDENTNO.H6-2034/2016/MDBDATED23.12.2017 |
EXHIBIT P5 |
TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.16831/2017 DATED 19.2.2018. |
EXHIBIT P6 |
TRUE COPY OF THE WRITTEN STATEMENT FILED BY |
THEPETITIONERSANDOTHERBEFORETHECOMMISSIONER DATED 13.4.2018 |
|
EXHIBIT P7 |
TRUECOPYOFTHESTATEMENTFILEDBYRESPONDENTS 7 TO 10 |
EXHIBIT P8 |
TRUE COPY OF THE PROCEEDINGS NO.2ND RESPONDENTNO. J3-3042/2017/MDB DATED 25.4.2018. |
EXHIBIT P9 |
TRUE COPY OF THE BUILDING PERMIT ISSUED BY THEPALAKKAD MUNICIPALITY DATED 9/10/2012. |
EXHIBIT P10 |
TRUE COPY OF THE FIR IN CRIME NO. 1093 OFPALAKKADTOWNNORTHPOLICESTATIONDATED11.9.2014. |
1 issue framed by the court
Whether the writ petition seeking quashing of disqualification order should be allowed when the petitioners' term as Non-Hereditary Trustees has already expired.
P.V. Muraleedharan
C. Janardhanan
State of Kerala
Commissioner Malabar Devaswom Board
Malabar Devaswom Board
Assistant Commissioner Malabar Devaswom Board
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court