IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 28104 of 2010(K) -------------------------- PETITIONER : ----------------- PERIYADAN KAVAMAL BALAKRISHNAN NAMBIAR, S/O.KELU ADIYODI, AGED 78 YEARS, KAVAMAL HOUSE, VELLUR P.O. KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ----------------------- 1. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KASARAGOD DIVISION AT NILESWARAM, NILESWARAM POST, KASARAGOD DISTRICT. 2. VALSARAJAN.C., S/O.P.M.RAMAKRISHNAN ADIYODI, PARVATHI KRISHNA, P.O.VELLUR, PAYYANNUR- 670 346, KANNUR DISTRICT. 3. P.C.RAGHAVAN, S/O.LATE K.V.CHANTHU, KRISHNAKRIPA, BANK ROAD, VELLUR, P.O.VELLUR- 670 346, KANNUR DISTRICT. 4. T.KUNHIKRISHNAN, AGED 58 YEARS, S/O.LATE K.RAMAN NAMBIAR, JYOTHIS,PUTHIYAKAVU ROAD P.O.KANDOTH, PAYYANNUR, KANNUR DISTRICT - 670346. 5. K.DAMODARAN, AGED 52 YEARS, S/O.R.CHANTHANKUNHI, NAVARAMAM, VELLUR P.O., PAYYANNUR, KANNUR DISTRICT - 670346. 6. PERIYADAN THAYYIL MADHAVAN NAMBIAR, AGED 65 YEARS, S/O.AMBU NAMBIAR, VELLUR AMSOM DESOM, P.O.VELLUR, KANNUR DISTRICT - 670346. R1 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28104 of 2010-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.This writ petition is filed by one Balakrishnan Nambiar who is one of the petitioners in O.P.No.1/2010 which is filed and moved on 30.7.2010 before the Sub Court, Payyannur. He seeks a direction that an interlocutory application be ordered to be decided in a time bound manner. 2.Heard the learned counsel for the petitioner and the learned counsel for the first respondent. 3.This writ petition is adjourned by the learned single Judge to the Division Bench on the premise that the writ petitioner makes reference to WP WPC28104/10 -: 2 :- (C).25773/2010 in which certain directions were issued. That writ petition was filed by one Madhavan Nambiar. This Court had issued an interim order in WP(C)25773/2010 on 16.8.2010 directing maintenance of status quo. But when the matter came up later, it was noticed that if at all Madhavan Nambiar had a right to sue, he had a remedy only before the Sub Court in terms of the statute and he could not bye-pass that statutory proceeding and move the High Court seeking relief. It was in such premise that WP(C). 25773/2010 was ordered on 3rd September, 2010 leaving him with opportunity to move the civil court. Since there was already an interim order by this Court in his favour, that order was preserved for 10 days to enable him to move the civil court also clearly stating that the said court would not be guided by the fact that this Court had issued an order of status quo but would decide any application for interim relief untrammelled by any observations contained in the said judgment. WPC28104/10 -: 3 :- The writ petition in hand is filed today by Balakrishnan Nambiar on the allegation that the Subordinate Judge is not taking up the interlocutory application filed in O.P.1/2010. As already noted, that O.P. was filed only on the 30th July, 2010. The learned Subordinate Judge had issued notice on that O.P. and also on the application for interim relief. Obviously, the learned Subordinate Judge was not inclined to pass an interlocutory order ex parte. We also notice that in terms of the provisions of the Hindu Religious and Charitable Endowment Act, there are certain interdictions even in the matter relating to grant of reliefs. At any rate, we are not persuaded to take the view that this Court should pass some interim order to enable the writ petitioner Balakrishnan Nambiar to await the decision of the Sub Court in O.P.1/2010. we, therefore, dispose of this writ petition with a request to the Sub Court, Payyannur to consider the interlocutory application for interim relief, WPC28104/10 -: 4 :- if any, filed in O.P.1/2010 at the earliest provided the appropriate steps are completed and parties get appropriate opportunity to place their pleadings on record. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/2009