Disposed

Rajalekshmi P v. State of Kerala

Kerala HC17 Feb 2023WP(C)/5338/2023

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition filed by a Ward Member seeking a writ of certiorari to quash an order and a mandamus to include specific wards in the Kalliyoor Dikkubali list for the Mahotsavam. The court observed that a communication had been issued redressing the petitioner's grievance and disposed of the petition without commenting on the legality of the proceedings.

What the court decided

AI extract

Rajalekshmi P Vs State of Kerala — 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 MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 WP(C) NO. 5338 OF 2023

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PETITIONER:

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RAJALEKSHMI P

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AGED 39 YEARS, W/O.SURESHKUMAR, WARD MEMBER, WARD NO.15, KUZHITHALACHAL, KALLIYOOR GRAMA PANCHAYATH, RESIDING AT KULATHINKARA VEEDU, KUZHITHALACHAL,KALLIYOOR, THIRUVANANTHAPURAM, PIN – 695042,

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BY ADVS. J.VISHNU ANU BALAKRISHNAN NAMBIAR G.J.RAJMOHAN

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RESPONDENTS:

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1 STATE OF KERALA

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THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY DEVASWOM HEADQUARTERS, NANATHANCODE,THIRUVANANTHAPURAM, PIN - 695003

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3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003

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4 THE ASSISTANT DEVASWOM COMMISSIONER

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W.P.(C) No.5338 of 2023

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NEYYATINKARA GROUP, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695023

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5 THE DEPUTY DEVASWOM COMMISSIONER DEPUTY DEVASWOM COMMISSIONER OFFICE, FORT, THIRUVANANTHAPURAM, PIN - 695023

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6 THE DEVASWOM SUB-GROUP OFFICER VELLAYANI SRI BHADRAKALI DEVI TEMPLE, NEMOM P.O., THIRUVANANTHAPURAM, PIN - 695020

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7 THE TEMPLE ADVISORY COMMITTEE MAJOR VELLAYANI DEVI TEMPLE ROC:15728/15/NS/1, REPRESENTED BY ITS PRESIDENT, NEMOM, VELLAYANI, THIRUVANANTHAPURAM, PIN - 695020

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BY ADV. Biju

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SRI S.RAJMOHAN -SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5338 of 2023

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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 who is a resident of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat, Vellayani has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P9. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to include the Kuzhithalachal and Kalluvila wards in the list of Kalliyoor Dikkubali.

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On 16.02.2023, when this writ petition came up for admission, this Court passed the following order;

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“One of the reliefs sought for in this writ petition is a writ of mandamus commanding respondents 2 to 6 to include Kuzhithalachal and Kalliyoor wards in the list of Kalliyoor Dikkubali in connection with Kalliyoor Mahotsavam in Vellyani Devaswom.

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Today, when this matter is taken up for admission, the learned Standing Counsel for Travancore Devaswom Board would submit that the Devaswom Commissioner has already issued a communication dated 13.02.2023 on the above aspect, which will redress the grievance of the petitioner.

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W.P.(C) No.5338 of 2023

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The learned Standing Counsel for Travancore Devaswom Board to place on record the said communication along with a memo, so as to enable the learned counsel for the petitioner to get instructions.”

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Today, when this matter is taken up for

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consideration, along with a memo dated 16.02.2023 of the learned Standing Counsel for Travancore Devasom Board, communication No.ROC 1851/14/PR dated 13.02.2023 issued by the Deputy Devaswom Commissioner (Administration), on behalf of the Devaswom Commissioner, Thiruvanathapuram, which is addressed to the Assistant Devaswom Commissioner, Neyyattinkara, is placed on record. Along with memo dated 17.02.2023 of the learned Standing Counsel, a copy of Communication No.ROC 1851/14/PR dated 17.02.2023 issued

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by the Deputy Devaswom Commissioner (P&SGRC) on behalf of the Devaswom Commissioner, is placed on record. In the said communication it is stated as follows:

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"പ�സ � ത സ�ഗത� സ�ബന�ച� ന�യ�റ�ൻകര പഗ�പ�ന� ന�ള�യണ� ദ �സ!ത�ൽ ക�ള�യ�ട� മദ'�ത�ദത�ട��ബന�ച� കല�യ�ർ, ക�ഴ�ത��ചൽ എന/ സ�ങള�ൽ ഓദര� ന��ത� ��റ�റ (ആനക രണ� ഇറക�

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W.P.(C) No.5338 of 2023

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��ജ) മ�പതമ�യ� �ടത�നത� ��ർദ9ശ�ച�ട�ളത�ണ�. ട� ഉതര��ന� 'കല�യ�ർ' ക�ഴ�ത��ചൽ എനത�� കര� കല�യ�ർ �ക�ന� 'കല��ള, ക�ഴ�ത��ചൽ എന/ സ�ങള�ൽ ന��ത� ��റ�റ �ടത�നത� സ�ബന�ച� ആ�ശ<മ�യ �ട�ട�കൾ സ!/കര�ദകണത�നണന� ത�ര�ത� ��യ�ദകണത�ണ�".

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 7.

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The learned counsel for the petitioner would submit that in view of the communication No.ROC 1851/14/PR dated 16.02.2023 as modified by communication dated 17.02.2023, the grievance of the petitioner stands redressed.

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In such circumstances, recording the aforesaid fact, this writ petition is disposed of, without expressing any opinion on the legality or otherwise of those proceedings.

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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.5338 of 2023

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APPENDIX OF WP(C) 5338/2023

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE NOTICE OF KALLIYOOR DIKKUBALI, 2023 Exhibit P2 A TRUE COPY OF THE RELEVANT PORTION OF THE 2017 KALLIYOOR DIKKUBALI NIRAPARA LIST Exhibit P3 A TRUE COPY OF THE MASS PETITION SUBMITTED BEFORE THE DEVASWOM COMMISSIONER ALONG WITH FORWARDING NOTE, DATED 25.01.2023 Exhibit P4 A TRUE COPY OF THE RECOMMENDATION OF THE TEMPLE ADVISORY COMMITTEE OF THE VELLAYANI SREE BHADRAKALI TEMPLE, SUBMITTED BEFORE THE SUB-GROUP OFFICER, VELLAYANI, NO.70/2023 DATED 27.01.2023 Exhibit P5 A TRUE COPY OF THE AFFIDAVIT/SAMMATHAPATHRAM DATED 28.01.2023 Exhibit P6 A TRUE COPY OF THE ORDER OF THE ASSISTANT DEVASWOM COMMISSIONER, NEYYATINKARA, DATED 30.01.2023 Exhibit P7 A TRUE COPY OF THE REPORT NO.2969 DATED 08.02.2023 SUBMITTED BY THE ASSISTANT DEVASWOM COMMISSIONER, NEYYATINKARA, BEFORE THE DEPUTY DEVASWOM COMMISSIONER Exhibit P8 A TRUE COPY OF THE REPORT OF THE DEPUTY DEVASWOM COMMISSIONER ROC.NO.16/23/MIS DATED 09.02.2023 SUBMITTED BEFORE THE DEVASWOM

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W.P.(C) No.5338 of 2023

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COMMISSIONER

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Exhibit P9

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A TRUE COPY OF THE ORDER

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NO.ROC.1851/14/PR DATED 10.02.2023, ISSUED BY THE DEVASWOM COMMISSIONER

Rajalekshmi P v. State of Kerala

Case brief

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Rajalekshmi P v. State of Kerala

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