The Court dismissed two writ petitions filed by a deceased petitioner challenging orders regarding delay condonation in Devaswom Board proceedings. The petitions were dismissed as they had abated due to the death of the petitioner during their pendency.
Writ petitions dismissed as abated due to the death of the petitioner.
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.
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 W.P.(C)NO.13087 OF 2013
PETITIONER:
BALAKRISHNA THANTHRI
AGED 65 YEARS
S/O.SUBRAHYA THANTHRI, THANTRIKA SADAN, DELAMPADY, UBRANGULA, KUMBADJE POST, KASARAGOD TALUK, KASARAGOD DIST
BY ADVS.
SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE
RESPONDENTS:
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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PULLUR, HOSDURG, KASARAGOD - 671315 BY ADVS. SRI.K.M.MUHAMMED HUSSAIN SRI.K.T.SHYAMKUMAR SRI.K.M.MUHAMMED HUSSAIN SMT.P.K.PRIYA SRI.K.T.SHYAMKUMAR SRI.K.V.SREE VINAYAKAN SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD SRI.T.K.VIPINDAS
OTHER PRESENT:
SRI R.LAKSHMI NARAYAN - STANDING COUNSEL - MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2023, ALONG WITH WP(C).35189/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 W.P.(C)NO.35189 OF 2018
PETITIONERS:
BALAKRISHNA TANTRI AGED 70 YEARS AGED 70 YEARS, S/O.SUBHRAYA THANTHRI, RESIDING AT THANTHIRKA SADAN, DELAMPADY, UBRAGUALA KUMBADJE P.O., KASARAGOD DISTRICT.
BY ADVS. M.RAMESH CHANDER (SR.) SMT.K.A.SANJEETHA SRI.BALU TOM
RESPONDENTS:
2 THE MANAGING TRUSTEE ALANGODLU SREE MAHALINGESWARA TEMPLE, P.O. NEKRAJE, KASARAGOD, REP. BY P.S. PUNICHITHAYA, PUNDDOR - KARADKE HOUSE, P.O. KARADKE, KASARAGODE -671 542.
3 THE PRESIDENT ALANGODLU SREE MAHALINGESWARA TEMPLE, P.O. NEKRAJE, KASARAGOD, REP. BY P. PURUSHOTHAMA PUNICHITHAYA, NEERMAJA HOUSE, KAKKABETTUE, BELLUR, KASARAGODE -671 543.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2023, ALONG WITH WP(C).13087/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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JUDGMENT
Anil K. Narendran, J.
W.P.(C)No.13087 of 2013:- The petitioner, who was the Thantri of Kanathur Sree Mahalingeswara Temple, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 order dated 18.03.2013 of the 1st respondent Commissioner, Malabar Devaswom Board in I.A.No.10 of 2012 in A.P.No.6 of 2012, whereby Ext.P3 application (I.A.No.10 of 2012) filed by the petitioner for condonation of the delay in filing Ext.P2 appeal (A.P.No.6 of 2012) filed before the 1st respondent Commissioner stands rejected for the reason that the provisions under the Limitation Act, 1963 has no application in an appeal filed under Section 61 of the Madras Hindu Religious and Charitable Endowments Act, 1951.
1.2. On 24.06.2013, when this writ petition came for admission, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents Nos.1 and 2. Notice was issued to respondents 3 to 8. In the order dated 24.06.2013, it was noticed that the legal question with regard to the applicability of the Limitations Act was pending before the Larger
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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Bench of the Apex Court in the light of the reference order in State of Madhya Pradesh v. Anshuman Shukla [(2008) 7 SCC 487] .
2.1. On 29.10.2018, when this writ petition came up for admission, it was ordered to be listed on 19.11.2018, along with W.P.(C)No.13087 of 2013. On 19.11.2018, the learned Standing Counsel for Malabar Devaswom Board took notice for the 1st respondent. Urgent notice by speed post was ordered to respondents 2 and 3.
and Charitable Endowments Board [(2019) 7 SCC 108] the Apex Court held that the suits, appeals and applications referred to in the Limitation Act, 1963 are the suits, appeals and
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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applications which are to be filed in a court and not the suits, appeals and applications which are to be filed before a statutory authority like the Commissioner under the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959.
In such circumstances, based on the aforesaid submission made by the learned counsel for the petitioner, these writ petitions are dismissed as abated.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
Dxy
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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APPENDIX OF WP(C) 35189/2018
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOSTAT COPY OF THE APPLICATION FILED BEFORE THE 1ST RESPONDENT DATED 23.02.2011. EXHIBIT P2 PHOTOSTAT COPY OF THE IA 43/16 FILED BEFORE THE 1ST RESPONDENT DATED 24.10.2016. EXHIBIT P3 PHOTOSTAT COPY OF THE APPLICATION IN IA 63/16 IN IA 44/16 FILED BEFORE THE 1ST RESPONDENT DATED 24.10.2016. EXHIBIT P4 PHOTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENT IN IA NO.62/16 AND IA 63/16 IN OA 3/2011 DATED 28.09.2018.
W.P.(C)Nos.13087 of 2013 & 35189 of 2018
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APPENDIX OF WP(C) 13087/2013
PETITIONER EXHIBITS
EXT.P1:_PHOTOSTAT COPY OF THE ORDER OF THE 2ND RESPONDENT DTD 20/12/2011 EXT.P2:-TRUE COPY OF THE APPEAL EXT.P3:-PHOTOSTAT COPY OF THE AFFIDAVIT TO CONDONE THE DELAY FILED BY THE PETITIONER EXT.P4:_PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 3,4,6 & 7 DTD 4/12/2012 EXT.P5:-PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE 8TH RESPONDENT 4/12/2012 EXT.P6:-TRUE COPY OF THE ORDER OF THE IST RESPONDENT DTD 18/3/2013
2 issues framed by the court
Whether Limitation Act applies to appeals under the Madras Hindu Religious and Charitable Endowments Act.
Whether Section 5 of Limitation Act applies to applications before a statutory authority.
Colour shows how this judgement treated each authority
State of Madhya Pradesh v. Anshuman ShuklaReferred¶49
State of Madhya Pradesh v. Anshuman Shukla [(2008) 7 SCC 487] · Who else cites this
Ganesan v. Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments BoardExplained¶55
Ganesan Rep. by its Power Agent G. Rukmani Ganesan v. Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Board [(2019) 7 SCC 108]
3 provisions across 3 enactments
Balakrishna Thantri
The Commissioner Malabar Devaswom Board
The Deputy Commissioner Malabar Devaswom Board
Sree Dharan Nair
C Ramakrishnan
B Jayaraja
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
