IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29490 of 2008(I) -------------------------- PETITIONER: ----------------- 1. THE KUNHIRAMAN NAMBIAR, CHAIRMAN, OORPAZHACHIKAVU DEVASWOM, EDAKKAD POST, KANNUR - 670663. 2. R. MAHDAVAN, EXECUTIVE OFFICER, OORPAZHACHIKAVU DEVASWOM, EDAKKAD POST, KANNUR - 670663. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.C.P.KUNJHIKANNAN SRI.S.K.MADHU RESPONDENTS: --------------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE DISTRICT. 2. ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, TALASSERI, KANNUR. BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.29490 OF 2008 -------------------------------- Dated this the 16th day of October, 2008 JUDGMENT Raman,J. Petitioners are Chairman and Executive Officer respectively of the Oorpazhachikavu Devaswom, Edakkad Post, Kannur. The main prayer in the writ petition is to call for the records leading to Ext.P8 and quash the same. There is a further prayer to issue a writ of mandamus directing respondents 1and 2 to restore the powers of the Chairman as envisaged under Ext.P1 Scheme and divest the 2nd petitioner of the powers of the Chairman and to allow the 2nd petitioner to continue to function as Executive Officer of the temple in accordance with the provisions of Ext.P1 scheme. 2. Pursuant to the judgment of this Court in W.P.(C). No.28909/07 produced as Ext.P7, the 2nd petitioner has been appointed as the Executive Officer and thus redressing the grievance raised in Ext.P14 referred to in the said writ petition. -2- WP(C).No.29490/2008 3. The grievance now raised in the present writ petition is that the power of the Chairman has been transferred to the Executive Officer. This is not done now. As a matter of fact, the power to operate the bank account has already been transferred to the then Executive Officer, Ullikkal Narayanan for the reasons stated in Ext.P6. However, now that the 2nd petitioner has been appointed as the Executive Officer, he will continue to operate the bank account as was done by the previous Executive Officer. The question as to whether the power to operate the bank account, which is vested with the Chairman of the Trustee, should be re-transferred is however not considered while issuing Ext.P8. But a final decision regarding the question as to whether the power to be re-transferred to the Chairman in the matter of operation of the bank account is deferred for the reason that an enquiry under Section 45 is pending against the trustee. Hence, at this stage, this Court cannot interfere in the matter. We direct the Commissioner or Deputy Commissioner as the case may be, to complete the enquiry if any -3- WP(C).No.29490/2008 pending expeditiously and thereafter decide the question regarding re-transfer of the powers which are now transferred and given to the Executive Officer, namely, operation of the bank account. 4. We make it clear that in the meeting of the board of trustee when convened it is the elected Chairman, who will preside over the same. On occasion when he is absent and if there is quorum one among those present may be elected to preside over that meeting. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.