IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 36545 of 2005(A) -------------------------- PETITIONER: ------------ 1. MALAPPURATHU PARAMADATHIL NEELAKANDAN- NAMBEESAN, S/O. SREEDEVI BRAHMANI AMMA, PONMADHAM, MALAPPURAM, HEREDITARY TRUSTEE OF SREE TRIPURANTHAKA DEVASWOM, NOW RESIDING AT KAVIL KANDY, PARAMADHAM, NEW MAHI-673 311. 2. MALAPPURATHU PARAMADATHIL NARAYANAN- NAMBEESAN, ARADHANA, DOWN HILL POST, MALAPPURAM. FIT PERSON, SREE TRIPURANTHAKA DEVASWOM. BY ADV. DR.K.P.KYLASANATHA PILLAY SMT.SREEDEVI KYLASANATH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. THE DEPUTY COMMISSIONER, H.R & C.E. DEPARTMENT, KOZHIKODE. 4. THE ASSISTANT COMMISSIONER, H.R. & C.E. DEPARTMENT, KOZHIKODE. 5. V. KUTTY SANKARAN, VIPANCHIKA, VILAKKUPARAMBIL, D.P.O. ROAD, MALAPPURAM. 6. C. PRADEEPKUMAR, CHUNGAPPALLY HOUSE, MUNNAMPADI, MALAPPURAM. 7. SUKUMARAN C.K., PRADHIBA NIVAS, VADAKKE MADAM, MALAPPURAM. 8. SEKHARAN K.S., SANTHI SADAN, JUBILEE ROAD, MALAPPURAM. R1 TO R4 BY GOVT. PLEADER BY ADV. SRI.V.R.KESAVA KAIMAL FOR R5,6 & 8 SRI.N.M.MADHU FOR R5,6 & 8 SRI.T.S.RAJASENAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, ALONG WITH WPC NO. 1768 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT DT.27.10.05. P1a: TRUE COPY SCHEME PUBLISHED IN KERALA GAZETTE DT.16.7.03. P2: TRUE COPY OF ORDER DT.8.12.2005 OF R4. P3: TRUE COPY OF REPRESENTATION DT.14.12.2005 SUBMITTED BY 2ND PETITIONER. P4: TRUE COPY OF ORDER DT.23.12.2005 OF R4. P5: TRUE COPY OF ORDER DT.21.8.2000 APPOINTING THE 2ND PETITIONER AS FIT PERSON. P6: TRUE COPY OF ORDER DT.4.4.2002 ISSUED BY R2. P7: TRUE COPY OF ORDER DT.23.4.2003 APPOINTING 2ND PETITIONER AS FIT PERSON OF THE 1ST PETITIOENR, ISSUED BY R2. P8: TRUE COPY OF ORDER ISSUED BY R3 DT.23.4.2003 APPROVING THE APPOINTMENT OF 2ND PETITIONER AS FIT PERSON. P8(a): TRUE COPY OF REPRESENTATION DT.15.12.2005 SUBMITTED BY 1ST PETITIONER TO R3. P9: TRUE COPY OF INTERIM ORDER DT.21.12.2005 OF THIS HON'BLE COURT IN W.P. (C) NO.35719/2005. P10: TRUE COPY OF REPRESENTATION DT.25.12.2005 SUBMITTED BY 2ND PETITIONER BEFORE THE INSPECTOR, H.R.& C.E. ADMINISTRATION, KOZHIKODE. P11: TRUE COPY OF NOTICE DT.17.1.2006 ISSUED BY THE DY. COMMISSIONER, H.R.&C.E. P12: TRUE COPY OF PETITION FILED BY 2ND PETITIONER TO R2 DT.16.1.2006. P13: TRUE COPY OF INTERIM ORDER OF THIS HON'BLE COURT DT.29.3.04 IN W.P. (C) 67182004. P14: TRUE COPY OF INTERIM ORDER DT.10.6.2004 IN WPC 6718/04. P15: TRUE COPY OF NOTICE SENT TO THE 1ST RESPONDENT BY COUNSEL FOR 2ND PETITIONER DT.6.1.2005. P16: TRUE COPY OF REPRESENTATION DT.25.1.2006 AND ENCLOSURES SENT BY 2ND PETITIONER TO HON'BLE MINISTER FOR DEVASWOM. P17: TRUE COPY OF INTERIM ORDER OF THIS HON'BLE COURT IN CRL.MA. 3595/2005 IN CRL.M.C.1007/2005. P18: TRUE COPY OF ORDER IN CRL.M.A.NO.8867/05 IN CRL. M.C. 1007/05 OF THIS HON'BLE COURT. P19: TRUE COPY OF REPLY DT.28.1.2006 SUBMITTED BY 1ST PETITIONER TO EXT.P11 NOTICE. P20: TRUE COPY OF PROGRAMME CHART OF THE 7 DAY FESTIVAL IN TRIPURANTHAKA TEMPLE. RESPONDENT'S EXHIBITS: R8(a): TRUE COPY OF PROCEEDINGS DT.4.1.2006 OF THE DEPUTY COMMISSIONER H.R.&C.E.(ADMN.) DEPT. KOZHIKODE. R8(b): TRUE COPY OF NOTICE SUGGESTING THE PARIHARAKRIYAS BY THE ASTROLOGERS. R8(c): TRUE COPY OF MALAYALAM DAILY DT.8.1.2006 (MALAPPURAM EDITION). R8(d): TRUE COPY OF FIR, 161 STATEMENT & WOUND REPORT IN CRIME NO.112/2005 OF THE MALAPPURAM POLICE STATION. R7(a): TRUE COPY OF PROGRAMME CHART OF THE MAHASIVARATHRI CELEBRATIONS CONDUCTED IN THE TEMPLE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C) Nos.36545 of 2005 & 1768 of 2006 .................................................................... Dated this the 11th day of June, 2008. JUDGMENT Ramachandran Nair, J. This is the second round of litigation by the same set of persons, first of whom is the hereditary trustee of Sree Tripuranthaka Temple and the second petitioner is the person selected as fit person to succeed him on account of old age and disability of the first petitioner. In the earlier round this court interfered with appointment of non-hereditary trustees and directed fresh appointment based on norms laid down in the judgment produced as Ext.P1 in W.P. 36545/2005. After Ext.P1 judgment, fresh orders are issued appointing non-hereditary trustees and along with it another order cancelling the declaration of second petitioner as fit person under Section 47(3) of the Madras Hindu Religious and Charitable Endowments Act, 1951 is also issued. It is conceded by the parties herein that Ext.P1 judgment is subject matter of appeal before the Supreme Court and Supreme Court has passed interim orders allowing status quo to continue. In other words, second petitioner as fit person is continuing to 2 manage the Devaswom as it's trustee and the newly appointed trustees have not taken over charge by virtue of interim order passed in these two cases way back in 2005. Since all the parties are in Supreme Court and Supreme Court already granted status quo order, we feel these W.Ps. can be closed leaving freedom to the petitioners to approach this court again for surviving grievance, if any, after Supreme Court finally disposes of the case. Since Supreme Court has granted status quo order in the SLP filed against Ext.P1, the new non-hereditary trustees appointed pursuant to Ext.P1 judgment should not be allowed to take charge. We accordingly dispose of the W.Ps. directing the respondents to maintain status quo in terms of order of the Supreme Court in the SLP. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms