IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5720 of 2008(E) ------------------------- PETITIONER: ------------ 1. POTHERA KADAMBUR THAMBAN NAMBIAR, S/O.P.T.GOVINDAN NAMBIAR, AYYOL, P.O.MATHIL, KANNUR DIST. 2. POTHERA UCHIRAM VEETIL NAMBI NAMBIAR, S/O.LATE NAMBI NAMBIAR, PALLIVAYAL P.O., THALIPARAMBA VIA, KANNUR DISTRICT. 3. E.T.SUKUMARAN, S/O.KRISHNAN NAMBIAR, NEAR VELLALATH SHIVA KSHETRAM, P.O.PARIYARAM MEDICAL COLLEGE, KADANNAPPALLI, KANNUR DIST. 4. K.C.RADHAKRISHNAN, S/O.P.K.CHINDANKUTTY NAMBIAR, `SREENARAYANA NIVAS', KADANNAPPALLI P.O., KANNUR DIST. 5. K.P.JANARDHANAN, S/O.P.T.KUNHIKANNAN NAMBIAR (LATE), KADANNAPPALLI P.O., KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER, HR & CE, KOZHIKODE. 3. DEPUTY COMMISSIONER, HR & CE, KOZHIKODE. 4. THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, THIRUNANGAD, THALASSERY, KANNUR DIST. WP(C).No.5720/08 -2- 5. THE AREA COMMITTEE, REPRESENTED BY ITS CHAIRMAN, (ASSISTANT COMMISSIONER), HR & CE DEPARTMENT, THIRUNANGAD, THALASSERY, KANNUR DIST. 6. N.P.KUNHIKANNAN, S/O.KUMARAN, NALUPURAPPATHIL HOUSE, KADANNAPPALLI P.O., MUNDOOR VIA, KANNUR DIST. BY GOVT. PLEADER SRI R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(C)NO.5720 OF 2008 -------------------------------- Dated this the 18th day of February, 2008 JUDGMENT Raman, J. Petitioners are members of the Trustee Board of Sree Vellalath Siva Temple in Kannur District. Based on Ext.P2 complaint proceedings were initiated against the petitioners under Section 45 of of the Hindu Religious and Charitable Endowments Act and Ext.P3 order suspending the Board was issued as early as on 12/2/2007. Petitioners challenge Ext.P3 order in this writ petition. 2. Since the order of suspension has already come to effect and more than a year has elapsed thereafter, we do not think in the interest of justice to quash Ext.P3 at this stage. However, the suspension is only an interim measure and necessarily the authority ought to have completed final enquiry and pass final orders expeditiously. Otherwise the very purpose of interim suspension of the Board could be alleged as mala fides. The learned Government Pleader appearing on behalf of the State however submitted that the delay in disposal of the matter happened, because the petitioners themselves wanted some documents -2- WP(C).No.5720/2008 under the Right to Information Act. But admittedly such a request was made as early as in January, 2007 and there is no justification for the delay in disposal of the matter finally. 2. In the result, we direct respondents 3rd respondent to complete the proceeding and pass final orders in accordance with law, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of the this judgment. Writ Petition is disposed of as above. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. -3- WP(C).No.5720/2008