IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 35997 of 2010(Y) ------------------------------------- PETITIONER: SREEMAD JANARDHANA SWAMI DEVASWOM, AMARAVATHY, KOCHI, REP. BY ITS MANAGING TRUSTEE T.VIDYA SAGAR. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: 1. THE MALABAR DEVASWOM BOARD, REP. BY ITS SECRETARY/COMMISSIONER, KOZHIKODE-673 001. 2. THE COMMISSIONER, THE MALABAR DEVASWOM BOARD, KOZHIKODE-673 001. 3. L.S.SIVA SANKARAN, C.C.10/153, AMMANKOVIL ROAD, AMARAVATHY, KOCHIN-682001. BY ADV. SRI.K.MOHANAKANNAN FOR R1 & R2 SRI.R.LAKSHMI NARAYANA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 35997/2010 EXT. P1 TRUE COPY OF THE MALABAR DISTRICT GAZATTEE NOTIFICATION EXT. P2 TRUE COPY OF THE COVERING LETTER, ENCLOSING THE MINUTES OF THE GENERAL BODY MEETING, SENT TO THE ASST. COMMISSIONER EXT. P3 TRUE COPY OF THE BROCHURE EXT. P4 TRUE COPY OF THE NOTICE OF THE SECOND RESPONDENT DT. 31.8.2010 EXT. P5 TRUE COPY OF THE LETTER ADDRESSED TO THE SECOND RESPONDENT EXT. P6 TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DT. 18.11.2010 RECEIVED ON 24.11.2010 BY THE PETITIONER DEVASWOM EXT. P7 TRUE COPY OF THE LETTER DATED 9.12.2010 SENT BY PETITIONER TO THE DEPUTY DIRECTOR, HEED FUND AUDIT EXT. P8 TRUE COPY OF THE PHOTOGRAPHS OF THE TEMPLE ENTRANCE EXT. P9 TRUE COPY OF THE ARTICLE WRITTEN BY PRATIMA ASHHER TITLED “TRANSPLANTED KONKAN LAND” PUBLISHED IN THE INDIAN EXPRESS DT. 9.9.89 COCHIN EDITION /TRUE COPY/ Thottathil B.Radhakrishnan & M.L.Joseph Francis, JJ. ------------------------------------------------------------- W.P.(C)Nos.35997 of 2010 & I.A.No.19932 of 2011 ------------------------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. This writ petition is filed by Sreemad Janardhana Swami Devaswom. It challenges Exhibit P6 order, whereby an Executive Officer is appointed in the Temple. This decision of the Commissioner of the Malabar Devaswom Board stands essentially stayed by order dated 03.12.2010. It was ordered that the arrangement of the management will continue and the impugned will stand suspended. Such a order was issued having regard to the earlier direction contained in that order that the present committee of non-hereditary trustees in the temple in question will continue to officiate. The Commissioner was also ordered to place the decision on the appointment of non- hereditary trustees before this Court. By now, Exhibit R2A has been issued. By that, a new Managing Trustee Board has come WPC 35997/2010 2 into being. This means, all the allegations that could have levelled against the earlier Board, calling for the appointment of an Executive Officer, would not continue. 2. Under such circumstances, without expressing anything on the merits of the contentions regarding different provisions contained in the Statute concerned, we order that Exhibit P6 order will stand quashed leaving open for the Institution and the MDB to let Exhibit R2A operate and governance of the establishment would be in terms of that, subject of course to the laws. Writ petition and IA are ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (M.L.Joseph Francis, Judge) tkv