Dismissed

K.B. Viswanathan v. Sree Thricherumanna Alias Kottiyoor Devaswom Represented by Its Chairman

Kerala HC5 Oct 2023WP(C)/14793/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ seeking certiorari to quash a notice barring him from an auction and mandamus to permit participation. Petitioner failed to comply with interim deposit order; auction barred; writ dismissed.

What did the court decide?

Writ petition dismissed as petitioner failed to comply with interim deposit order, barring participation in auction.

K.B. Viswanathan Vs Sree Thricherumanna Alias… — Writ and Judicial Review | Kerala HC (2023)

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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 MRS.JUSTICE SOPHY THOMAS

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THURSDAY, THE 5^TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945

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WP(C) NO. 14793 OF 2023

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PETITIONER:

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K.B. VISWANATHAN

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AGED 57 YEARS S/O BALAN, KATHALIPARAMBIL HOUSE, P.O., KOTTIYOOR, KANNUR DISTRICT, PIN - 670651

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BY ADVS. RESHMA E. JACKSON JOHNY P.R.SRIKALA

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RESPONDENTS:

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1 SREE THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM REPRESENTED BY ITS CHAIRMAN, BOARD OF TRUSTEES, KOTTIYOOR P.O, KANNUR DISTRICT 670 651, PIN - 670651

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2 EXECUTIVE OFFICER, SREE THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM, BOARD OF TRUSTEES, KOTTIYOOR P.O, KANNUR DISTRICT, PIN - 670651

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3 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, OFFICE OF THE MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE DISTRICT, PIN - 673006

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BY ADV K. MOHANAKANNAN

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OTHER PRESENT:

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SRI R. LAKSHMI NARAYAN – SC, MALABAR DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14793 OF 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner, who was prevented from participating in an auction scheduled on 08.05.2023 by the 2^nd respondent Executive Officer of Sree Thricherumanna @ Kottiyoor Devaswom, during Vyshaka festival – 2023, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 notice dated 14.04.2023 to the extent it bars the petitioner from participating in the said auction scheduled. The petitioner has also sought for a writ of mandamus commanding the respondents to permit the petitioner to participate in the auction in Sree Thricherumanna @ Kottiyoor Devaswom Temple Festival 2023 scheduled on 08.05.2023 at 11:00 a.m.

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On 28.04.2023 when this writ petition came for admission, this Court issued notice by special messenger to respondents 1 and 2. The learned Standing Counsel for Malabar Devaswom Board took notice for the 3^rd respondent.

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On 02.05.2023, this Court granted an interim order, which reads as under:

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“There will be an interim order staying the operation of Ext.P6 in so far as it relates to the petitioner, on condition that the petitioner shall deposit Rs.6,76,021/- (Rupees Six Lakh

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WP(C) NO. 14793 OF 2023

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Seventy Six Thousand and Twenty One only) on or before 07.05.2023 in the Munsiff Court, Kuthuparamba. Such deposit shall be subject to further orders of the Munsiff Court, Kuthuparamba in O.S.No.516 of 2022. On making such deposit, the petitioner may be permitted to participate in the auction proceedings scheduled to be held on 08.05.2023, subject to petitioner satisfying all other conditions.”

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Today, when this matter is taken up for consideration,

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the learned counsel for the petitioner would submit that the petitioner could not comply with the condition stipulated in the interim order dated 02.05.2023. Therefore he could not participate in the auction conducted on 08.05.2023.

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The learned counsel for the 2^nd respondent Executive Officer would also submit that the petitioner, who failed to comply with the conditions stipulated in the order dated 02.05.2023, was not permitted to participate in the said auction.

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In such circumstances, the petitioner is not entitled to any of the reliefs sought for in this writ petition. The writ petition fails and the same is accordingly dismissed.

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sd/- ANIL K. NARENDRAN, JUDGE

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sd/- SOPHY THOMAS, JUDGE

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WP(C) NO. 14793 OF 2023

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APPENDIX OF WP(C) 14793/2023

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE 11.03.2019 ISSUED THE PETITIONER	COMMUNICATION DATED BY THE 2ND RESPONDENT TO
Exhibit P2	A TRUE COPY OF THE THE 2ND RESPONDENT DIRECTING THE PETI	COMMUNICATION ISSUED BY DATED 01.06.2022 TIONER TO PAY RS.4,71,021/
Exhibit P2(a)	A TRUE COPY OF THE THE 2ND RESPONDENT DIRECTING THE PETI RS.2,05,000/-	COMMUNICATION ISSUED BY DATED 01.06.2022 TIONER TO PAY
ExhibitP3	A TRUE COPY OF THE 27.07.2022 ISSUED	LAWYER'S NOTICE DATED TO THE PETITIONER
ExhibitP3(a)	A TRUE COPY OF THE 26.10.2022 ISSUED	LAWYER'S NOTICE DATED TO THE PETITIONER
Exhibit P4	A TRUE COPY OF THE TO THE ADVOCATE OF	UNDATED REPLY NOTICE SENT THE RESPONDENT
Exhibit P4(a)	A TRUE COPY OF THE TO THE ADVOCATE OF	UNDATED REPLY NOTICE SENT THE RESPONDENT
Exhibit P5	A TRUE COPY OF THE RESPONDENT DATED 2	NOTICE ISSUED BY THE 2ND 0.03.2022
Exhibit P6	A TRUE COPY OF THE RESPONDENT DATED 1	NOTICE ISSUED BY THE 2ND 4.04.2023

K.B. Viswanathan v. Sree Thricherumanna Alias Kottiyoor Devaswom Represented by Its Chairman

Case brief

What is this about?

What did the court decide?

K.B. Viswanathan v. Sree Thricherumanna Alias Kottiyoor Devaswom Represented by Its Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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