IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 21779 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- 1. K.C.VELAYUDAN NAIR, HERIDITORY TRUSTEE, SRI.KOTTIYOOR DEVASWOM IN MANATHANA IN KANNUR DISTRICT. 2. K.KUNHIRAMAN, NON-HERIDITORY TRUSTEE, SRI.KOTTIYOOR DEVASWOM, MANATHANA.P.O., KANNUR DISTRICT. BY SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE ADVS.SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): --------------------- 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE - 673 020. 2. T.BALAN, EX-CHAIRMAN OF SRI.KOTTIYOOR DEVASWOM MANAGING BOARD OF TRUSTEES, RESIDING IN KOTTIYOOR - 670 674. 3. P.GANGADHARAN, PRESIDENT SRI.KOTTIYOOR PERUMAL SEVA SANGHAM, KOTTIYOOR DEVASWOM, KOTTIYOOR, RESIDING IN A 112, JAVAHAR NAGAR, CALICUT - 673 020. 4. A.SREEDHARAN NAIR, TRUSTEE SRI.KOTTIYOOR DEVASWOM, KOTTIYOOR, RESIDING IN PERINTHANAM, KALAKAM, KANNUR - 670 674. svs .............2/-... ...2... WPC. NO.21779/2011 5. N.N.JAMULA, NON-HERIDITORY TRUSTEE, SRI.KOTTIYOOR DEVASWOM, KOTTIYOOR, TALUK OFFICE, THALASSERI - 670 101. 6. KOLANGANAYATH SANKARAN NAIR, TRUSTEE SRI.KOTTIYOOR DEVASWOM, RESIDING IN KELAKAM, KANNUR DISTRICT - 670 674. 7. SRI.P.K.KERALAVARMA RAJA, TRUSTEE, SRI.KOTTIYOOR DEVASWOM, RESIDING AT KAUSTHUBHAM, THAMARASSERI, KOZHIKODE DISTRICT-673 020. 8. THEKKEDATH MANAKKAL NARAYANAN NAMBOODIRI TRUSTEE SRI.KOTTIYOOR DEVASWOM, CHALAKKUDY.P.O.-680 307. 9. THE EXECUTIVE OFFICER, SRI.KOTTIYOOR DEVASWOM, KOTTIYOOR, KANNUR DISTRICT - 670 679. * ADDL.R10 IMPLEADED 10. A.KARUNAKARAN NAIR, S/O GOPALAN NAIR, AGED 88 YEARS, HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, KOTTIYOOR P.O, KANNUR DISTRICT- 670 651. ADDL.R10 IS IMPLEADED AS PER ORDER DATED 18.11.2011 IN I.A.13628/11 R1 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R2 BY SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE ADVS.SRI.K.P.SUDHEER SMT.N.P.ASHA R3-4 BY ADV. SRI.B.PRAMOD SRI.BINOY VASUDEVAN FOR ADDL.R SMT.P.G.BABITHA FOR ADDL.R R6,R7 & R10 BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 21779/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SCHEME JUDGMENT IN MFA.74/88 DATED 06/04/1994 P2: COPY OF THE ORDER IN WPC. NO.26319/2010 DATED 06/04/2011 P3: COPY OF THE REQUEST DATED 01/07/2011 TO THE 2ND RESPONDENT. P4: COPY OF THE COMMUNICATION DATED 07/07/2011 TO THE COMMISSIONER. P5: COPY OF THE MEETING OF THE TRUSTEES HELD ON 28/07/2011. P6: COPY OF THE REGISTERED NOTICES DATED 03/08/2011 SENT TO TRUSTEES. P7: COPY OF THE COMMISSIONER'S ORDER DATED 05/08/2011 IN M.P.5/2011. P8: COPY OF THE MEETING NOTICE DATED 19.09.2011. P9: COPY OF THE REPLY DATED 22.09.2011. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE MINUTES OF THE MEETING HELD ON 28.07.2011. R1(b): COPYOF THE LETTER FORWARDED BY N.N.JAMUNA DATED 29.07.2011. R1(c): COPY OF THE SHOW CAUSE NOTICE DATED 05.08.2011. R2(a): COPY OF ORDER DATED 28.06.2011 IN I.A.NO.1425/2011 IN O.S.217/2011 PASSED BY MUNSIFF'S COURT, KOOTHUPARAMBA. R2(b): COPY OF LETTER DATED 29.06.2011 FROM FOUR TRUSTEES TO THE CHAIRMAN, KOTTIYOOR DEVASWOM. R2(c): COPY OF LETTER DATED 29.07.2011 FROM THE TAHSILDAR TO THE 2ND RESPONDENT. R2(d): COPY OF LETTER DATED 29.07.2011 FROM GUEST HOUSE MANAGER TO THE 2ND RESPONDENT. SVS W.P.(C). NO. 21779/2011 R6(a):COPY OF THE INTERIM ORDER DATED 29/06/2011 IN WPC.17618/11. R6(b):COPY OF THE ORDER OF INJUNCTION IN I.A.1425/2011 IN O.S.217/2011 OF THE MUNSIFF'S COURT, KOOTHUPARAMBA. R6(c):COPY OF THE REQUEST MADE BY THE 6TH AND THE 7TH RESPONDENTS ALONG WITH THE THANTHRI OF THE TEMPLE BEFORE THE CHAIRMAN OF THE BOARD. R6(d):COPY OF THE LETTER SUBMITTED BY THE ADDL. TAHASILDAR TO THE COMMISSIONER. R6(e):COPY OF THE REPRESENTATION SUBMITTED BY THE TRUSTEES TO THE MINISTER FOR DEVASWOM, GOVERNMENT OF KERALA, DATED 04/08/2011. ANNEXURE 1:COPY OF THE MEMO OF CHAGES DATED 22/09/2011 ISSUED BY THE PETITIONER. ANNEXURE II:COPY OF THE EXPLANATION DATED 16/10/2011 SUBMITTED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. svs THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.21779 of 2011 ---------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. Read the earlier orders. 2. Under challenge is a decision of the Commissioner refusing to stay the convening of a meeting by the Chairman of the Board of Trustees. The fundamental grievance of the petitioner is that a No Confidence Motion had to be considered. With the passage of time, it is agreed that No Confidence Motion as against the Chairman will also be considered in the meeting to be convened by the Chairman. This exercise will be carried out after the Commissioner takes final decision, following the judgment in W.P.(C)No.29224 of 2011, as regards matters referred to in the judgment dated 9.11.2011 issued in that case. This writ petition is ordered accordingly. All interim orders shall stand modified in terms of this. We record that in W.P.(C) WP(C).No.21779/2011 2 No.29224 of 2011, the time limit fixed by the Commissioner to take such action is 30.11.2011. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/18.11