IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 35161 of 2007(J) -------------------------- PETITIONER: ------------ P.K.KUNHAMBU NAIR, S/O.KUNHAMBU NAIR, PUTHIYEDATH HOUSE, KAMMADAM, MANDAPAM P.O, HOSDURG TALUK - 671 326. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: ------------- 1. STATE OF KREALA, REPRESENTED BY THE SECRETARY TO DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, KOZHIKODE - 20. 3. P.K.MURALEEDHARAN, S/O.LATE P.KUNHIRAMAN, POOKUDI HOUSE, PALAKUNNU, MANDAPAM PO. HOSDURG TALUK. R1 & 2 BY GOVT. PLEADER SRI R.LAKSHMINARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- W.P(C) N0.35161 OF 2007 ---------------------------------------------- Dated, 11th January, 2008. JUDGMENT Raman,J. The petitioner was a non hereditary trustee of Sree Kammadam Bhagavathy temple at Hosdurg taluk. Revision Petition was filed by one Muraleedharan. The petitioner was unseated on the ground that he was an active politician, as per Ext.P3 order. Ext.P3 was challenged before this Court. Further opportunity was given to the petitioner to place the materials before the Commissioner and the order was set aside by way of remand. Subsequently, the Commissioner passed Ext.P5 order again finding that the petitioner is an active politician and therefore there is force in the contention of the revision petitioner and going by the norms as such, the petitioner cannot be appointed. Challenging the said order the present writ petition is filed. WPC 35161/07 2 2. Heard the counsel. 3. We have gone through the order. The specific contention raised by the petitioner pursuant to remand before the Commissioner was that the alleged Kunhambu Nair who is stated to be a politician is C.Kunhambu Nair and not the Petitioner. Steps were taken to summon the said C.Kunhambu Nair to appear before the Commissioner. But he did not turn up. One of the witnesses examined before the Commissioner was the Panchayat President who deposed that the petitioner was an elected candidate as a member from West Eleri Mandalam after contesting election as a candidate of a particular political party. This evidence could not be impeached by the petitioner by adducing any evidence. On the basis of those materials, the commissioner entered a finding unseating the petitioner from continuing as non hereditary trustee. The question as to whether the petitioner is an active political worker is a question of fact. The Commissioner has evaluated the evidence and arrived at a finding. The finding cannot be said to be perverse. In such circumstances, there is hardly WPC 35161/07 3 any reason to interfere with the finding. The writ Petition is dismissed. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- WPC 35161/07 4 V.K.MOHANAN, J. No.... Judgment/Order Dated: