Dismissed

P.M.Parameswaran Namboothiripad v. the Deputy Commissioner,Hr & Cr,Kozhikod

Kerala HC15 Nov 2022WP(C)/4571/2006

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the long-pending writ petition as infructuous. The petitioner sought a writ of certiorari to quash an order regarding their appointment as a temple trustee and sought declaration of entitlement based on family rights. During admission, counsel submitted the matter was infructuous, leading to immediate dismissal by the single judge on that ground.

What did the court decide?

None; petition dismissed as infructuous.

P.M.Parameswaran Namboothiripad Vs the Deputy… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 15^TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944 WP(C) NO.4571 OF 2006

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PETITIONER:

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P.M.PARAMESWARAN NAMBOOTHIRIPAD S/O.CHERIYA NARAYANAN NAMBOOTHIRIPAD,POOMULLIMANA, VIYYUR, THRISSUR.

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BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL(K/422/2003) PREETHA S CHANDRAN(K/298/2009) ABHIJITH SREEKUMAR(K/2617/2022)

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RESPONDENTS:

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1 THE COMMISSIONER (HR & CE) KOZHIKODE.

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2 THE DEPUTY COMMISSIONER HR & CE, KOZHIKODE.

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.4571 of 2006

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J U D G M E N T

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Anil K. Narendran, J.

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The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P4 order dated 08.12.2005; to declare that the petitioner is entitled to be appointed and be approved by the Hindu Religious and Charitable Endowments Department (HR &CE Department) as a trustee of Shree Mangottukavu Bhagavathi Temple; to declare that the Circular No.HRJ 3/8500/05 dated 29.11.2005 of the Commissioner, HR&CE Department referred to and relied on in Exts.P4 and P7 limiting the period of fit person is applicable only to persons who are being appointed from outside and not from the family of the trustee.

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On 16.02.2006, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents.

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On 10.11.2022, when this writ petition came up for consideration, the learned counsel for the petitioner submitted that he has already handed over files to the

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W.P.(C) No.4571 of 2006

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petitioner.

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Today, when this matter is taken up for consideration, the learned counsel who filed fresh Vakalath for the petitioner would submit that the relief sought for in

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this writ petition has become infructuous and therefore the same may be dismissed as infructuous.

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Recording the aforesaid submission, this writ petition is dismissed as infructuous.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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Sd/-

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P.G. AJITHKUMAR JUDGE

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W.P.(C) No.4571 of 2006

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APPENDIX OF WP(C) 4571/2006

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE LETTER BY CHERIYA NARAYANAN NAMBOOTHIRIPAD TO THE NOTICE OF THE COMMISSIONER HR & CE, KOZHIKODU DATED 12.11.1996.

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Exhibit P2 TRUE COPY OF THE LETTER DATED 14.11.1996 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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Exhibit P3 TRUE COPY OF THE ORDER DATED 20.11.1996 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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Exhibit P4 TRUE COPY OF THE LETTER DATED 8.12.2005 OF THE RESPONDENT ISSUED TO THE PETITIONER.

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Exhibit P5 TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER HEREIN BEFORE THE RESPONDENT.

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Exhibit P6 TRUE COPY OF THE LETTER DATED 24.12.2005 SUBMITTED BY THE MUKUNDAN NAMBOOTHIRIPAD TO THE DEPARTMENT

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Exhibit P7 A TRUE COPY OF THE ORDER DATED 4.1.2006 PASSED BY THE RESPONDENT.

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Exhibit P8 A TRUE COPY OF THE MEMORANDRUM OF APPEAL FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER.

P.M.Parameswaran Namboothiripad v. the Deputy Commissioner,Hr & Cr,Kozhikod

Case brief

What is this about?

What did the court decide?

P.M.Parameswaran Namboothiripad v. the Deputy Commissioner,Hr & Cr,Kozhikod

Case brief

What is this about?

What did the court decide?

What the court decided

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