IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 38174 of 2008(T) -------------------------------------- PETITIONER: ----------------- NANDIYARVALLI NARAYANAN NAMBOODIRI, RESIDING IN VELLAKKARA IN MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENTS: --------------------- 1. COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 2. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THALASSERY. 3. NARAYANAN NAMBOODIRI, THEKKEDATH MANA, P.O.CHALAKKUDY, ERNAKULAM DISTRICT. 4. GOVERNMENT OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE FOR R3 SRI.K.MOHANAKANNAN FOR R3 R4 BY SR.GOVT. PLEADER SRI.R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------------------ W.P.(C) No.38174 of 2008 ------------------------------------------ Dated, this the 12h day of March, 2009 JUDGMENT P.R.Raman, J. The dispute is between the petitioner and the third respondent regarding their right as to who is entitled to be the thantri of the Sri Tricherummanna alias Sri Kottiyoor Temple. While the petitioner in the writ petition would submit that he is the seniormost member entitled to be the thantri of the temple, the third respondent would submit that he is the rightful claimant for the above post. The question as to whether the petitioner or the third respondent has got a preferential claim to be appointed as thantri of the temple is a civil dispute. Evidence will have to be taken both oral and documentary and, as a matter of fact, both sides have placed voluminous documents. Being a disputed question of fact, it is necessary to enter a finding after taking evidence in the matter, both oral and documentary. Therefore, declining jurisdiction under Article 226 of the Constitution of India and relegating the parties to the civil court for resolving their dispute, this writ petition is closed. P.R.RAMAN, JUDGE P.S.GOPINATHAN,JUDGE vns