IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 22887 of 2010(I) -------------------------------------- PETITIONER(S): ------------------------ 1. SREE PARTHASARATHI TEMPLE EMPLOYEES UNION, REPRESENTED BY ITS SECRETARY, UNNI VARANAT, S/O. BALAKRISHNAN NAIR, AGED 60 YEARS, RESIDING AT 'PRASADAM', P.O.GURUVAYUR. 2. SREEKUMAR P., S/O. RAVEENDRAN, AGED 33 YEARS, L.D.CLERK, SREE PARTHASARATHI TEMPLE, GURUVAYUR. BY ADV. SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): --------------------------- 1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, BOARD OFFICE, KOZHIKODE. 2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 3. GURUVAYUR SREE PARTHASARATHI KSHETHRA BHARANA SANGHAM, REPRESENTED BY ITS PRESIDENT, SREE PARTHASARATHI KSHETHRAM, GURUVAYUR. *ADDL. R4 IMPLEADED ADDL. R4: M. RAVINDRAN, S/O.M.P. GOVINDA MENON, AGED 57 YEARS, MANIKKATH HOUSE, THAIKKAD, GURUVAYUR. * IS IMPLEADED AS PER ORDER DATED 20/08/2010 IN I.A.11650/2010. R1 & R2 BY ADV. SRI.K.MOHANAKANNAN,SC, MALABAR DEVASWOM. R3 BY SRI.V. CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.C.A.ANOOP. ADDL. R4 BY ADV. SRI.K.P.SUDHEER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22887/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMORANDUM OF ASSOCIATION OF THE BHARANA SANGHAM OF THE TEMPLE. EXT.P2: COPY OF THE MEMORANDUM SUBMITTED BEFORE THE THIRD RESPONDENT ON 12/10/2007. EXT.P3: COPY OF THE GOVERNMENT ORDER DATED 28/02/2009. EXT.P4: COPY OF THE LIST OF EMPLOYEES OF THE TEMPLE AND THEIR MONTHLY SALARY. EXT.P5: COPY OF THE LETTER ISSUED BY THE ADINISTRATOR OF THE TEMPLE TO THE MANAGER OF THE CORPORATION BANK, GURUVAYUR. EXT.P6: COPY OF THE COMMUNICATION DATED 01/06/2010 SENT BY THE DISTRICT REGISTRAR. EXT.P7: COPY OF THE NOTICE ISUED BY THE PRESIDENT OF THE FIRST PETITIONER ASSOCIATION. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE FIRST RESPONDENT AS WELL AS TO THE PRESIDENT OF THE BOARD ON 03/06/2010. EXT.P9: COPY OF THE POSTAL RECEIPT. EXT.P10: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.22887 OF 2010 ------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Petitioners made certain complaints to the competent authority in the Malabar Devaswom Board. When this matter is taken up today, learned counsel for the petitioners states that the MDB took the stand that the representation of the petitioners could not be considered and it should be moved as a proceedings under Section 57 of the HR & CE Act and that following such stand of MDB, the petitioners had initiated proceedings which has since been numbered by the competent authority in the MDB as O.A.No.8/10. We record the above submission and close this writ petition without prejudice to the competent authority in the MDB considering such O.A. on its merits, in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.21/10.