IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 WP(C).No. 12860 of 2007(E) -------------------------- PETITIONER: ------------ K.V.GIRISH KUMAR, KARIYIL VALAPPIL, SREEKANTAPURAM,KANNUR DISTRICT. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: ------------- 1. THE COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 2. PAYYAVOOR DEVASWOM,TALIPARAMBA TALUK, KANNUR DISTRICT,REPRESENTED BY ITS EXECUTIVE OFFICER. 3. JOSE PHILIP,VATTAKOTTAYIL,KANJILERI DEVASWOM,SREEKANTAPURAM,TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.MILLU DANDAPANI SRI.J.S.AJITHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12860 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF ADANGAL REGISTER AVAILABLE AT THE VILLAGE OFFICE EXT.P2- TRUE COPY OF ADANGAL REGISTER AVAILABLE AT THE TALUK OFFICE EXT.P3- TRUE COPY OF ORDER IN CRP.NO.1561/90 DATED 10.12.96 EXT.P4- TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN W.P.(C).NO.8279/2005 EXT.P5- TRUE COPY OF ANNUAL FESTIVAL NOTICE. (TRUE COPY) P.A TO JUDGE K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ ------------------- W.P.(C). 12860/2007 -------------------- Dated this the 25th day of July, 2007 JUDGMENT Radhakrishnan, J. Writ petition is preferred for a writ of mandamus directing the first respondent, Commissioner, HR &CE Department, to directly intervene in the matter and do the needful for protecting, preserving and securing the interest of the Hindu Religious Institution viz., Payyavoor Siva Temple in the matter of immovable properties and for other consequential reliefs. 2. Various contentions have been raised by counsel on either side. Considering the facts and circumstances, we are inclined to dispose of this writ petition directing the Commissioner, HR & CE Department, to take appropriate action after taking note of all aspects of the matter. With this observation, this petition is disposed of. 3. We make it clear that if Devaswam is not acting in accordance with the rules and in safeguarding W.P.(C).12860/2007 2 the interest of the Temple, it is open to the Commissioner to take follow up action. K.S.RADHAKRISHNAN Judge ANTONY DOMINIC Judge mrcs