IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31233 of 2010(D) ---------------------------------- PETITIONER(S): ------------------- SANTHOSH.C.WARRIER, MADHAVI SADANAM HOUSE, THIRUNAKKARA, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): -------------------- 1. TRAVANCORE DEVASWOM BOARD, NANDHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, PIN - 695 001. 2. COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDHANCODE, THIRUVANANTHAPURAM. PIN - 695 001. 3. ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM BOARD, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN 686 001. 4. T.S.KUMAR, S.K.VILAS, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN 686 001. 5. S.KRISHNA WARRIER, PUTHIYATHRIKOVIL THEKKEDDATH WARRIYAM, THIRUNAKKARA, KOTTAYAM. PIN 686 001. BY ADV. SRI. P. GOPAL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO. 31233 OF 2010 ---------------------------------------- Dated this the12th day of October, 2010. JUDGMENT In the year 1999, the petitioner was nominated as Kazhakom of Puthiyathrikovil Sreekrishna Swamy Temple, Kottayam by the then senior-most member of the Kazhakom family. It was approved by the Devaswom Board. The 4th respondent challenged the said nomination by filing a suit. That suit was decreed in favour of the 4th respondent and the appeal filed by the petitioner against the decree was also dismissed. The petitioner approached this Court in second appeal by filing R.S.A No.769 of 2008. By Ext.P5 judgment, this Court upheld the right of the 4th respondent to do Kazhakom. Thereafter the senior most member of the Kazhakom family died and the 5th respondent became the senior-most member. According to the petitioner the 5th respondent has now nominated the petitioner and, therefore, he is entitled to do the Kazhakom instead of the 4th respondent. 2. I have heard the counsel for the petitioner and the learned standing counsel for the Devaswom. Earlier also the senior-most member of the family nominated the petitioner, which was found to be unsustainable by this Court. That being so, the change of the senior most member does not W.P. (C) NO. 31233 OF 2010 2 make any difference as far as the applicability of Ext.P5 judgment is concerned. Since By Ext.P5 judgment the right of the 4th respondent to do Kazhakom has been upheld by this Court, which has become final the petitioner cannot now again seek reconsideration of the matter on the basis that the senior-most member has changed. Therefore I do not find any merit in this writ petition. Accordingly the same is dismissed. S.SIRI JAGAN, JUDGE. mns