IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 1259 of 2009(Y) ------------------------- PETITIONER(S): --------------- 1. SUMESH.M.R, S/O.T.P. RAGHAVAN NAIR, AGED 45 YEARS, SUGUNA NIVAS, MANAPPILLIKAVU, EAST YAKKARA, KUNNATHURMEDU.P.O, PALAKKAD - 13. 2. VALSAN.K, S/O. GOVINDAN NAIR, AGED 55 YEARS, A 24, AKSHARA NAGAR, KARINGARAPULLY, PALAKKAD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. MALABAR DEVASWOM BOARD, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, REP. BY ITS COMMISSIONER, CALICUT. 3. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, HR & CE (ADMINISTRATION), DEPARTMENT, PALAKKAD. 4. EXECUTIVE OFFICER, SREE MANAPULLI BHAGAVATHY DEVASWOM, EAST YAKKARA, PALAKKAD. 5. SRI.C. GIRI, AGED 65 YEARS, PRESIDENT, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITEE 2009, S/O. CHAKRAPANI, RESIDING AT 17/363 (1), ADARSH, EAST YAKKARA, PALAKKAD. W.P.(C) No.1259/2009 : 2 : 6. M. GOPIKRISHNAN, AGED 48 YEARS, S/O.K.V. NAIR, EXECUTIVE COMMITTEE, MEMBER, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITEE 2009, RESIDING AT MATHILAKATH HOUSE, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD. 7. G. JAYACHANDRAN, AGED 33 YEARS, S/O. P. GOPINATHAN, EXECUTIVE COMMITTEE MEMBER, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITEE 2009, RESIDING AT SREEJAYA, CHITTUR ROAD, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD. 8. A. RAGHUNATH, AGED 47 YEARS, S/O. SETHUMADHAVAN NAIR, EXECUTIVE COMMITTEE MEMBER, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITEE 2009, RESIDING AT MEENA VIHAR, ALANGAT(H),MANAPULLIKAVU,EAST YAKKARA, PALAKKAD. 9. T. KRISHNAKUMAR, AGED 38 YEARS, S/O. SMT. JANAKI AMMA, SECRETARY, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITTEE 2009, RESIDING AT THATTASSERI HOUSE, AYYAPPANKAVU, KARINGARAPULLI POST, PALAKKAD. 10. P. JAYAKRISHNAN, AGED 35 YEARS, S/O. SUNDARESWARAN NAIR, EXECUTIVE COMMITTEE MEMBER, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITTEE, 2009 RESIDING AT PILAKKAD HOUSE, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD. 11. A. SOMAN, AGED 32 YEARS, S/O. VASU NAIR, EXECUTIVE COMMITTEE MEMBER, SREE MANAPULLI BHAGAVATHY DEVASWOM VELA COMMITTEE, 2009 RESIDING AT ALANGAT HOUSE, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD. 12. P. GOPINATHAN NAIR, S/O. RAMAN NAIR, SECRETARY, SREE MANAPULLI BHAGAVATHY SAVA SAMITHY, RESIDING AT SREEJAYA, MANAPULLIKAVU, EAST YAKKARA.P.O, PALAKKAD - 678013. 13. M. RAJAN, AGED 68 YEARS, S/O.P.V. KARUNAKARAN NAIR, RESIDING AT AKASAGANGA, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD - 678 013. W.P.(C) No.1259 of 2009 : 3 : 14. C. RAMANUNNY, AGED 60 YEARS, S/O. CHAKRAPANI, RESIDING AT AARATHY, MANAPULLIKAVU, EAST YAKKARA, PALAKKAD. ADV. SRI.K.MOHANAKANNAN FOR R5-11 SMT.A.R.PRAVITHA FOR R5-11 SRI.G.SHRIKUMAR FOR R12 SRI.SREEJITH S.NAIR FOR R12 SRI.E.K.MADHAVAN FOR R4 SMT.P.VIJAYAMMA FOR R4 SRI.V.KRISHNA MENON FOR R4 SMT.UMA GOPINATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.1259 of 2009 ------------------------------- Dated this the 22nd January, 2009 J U D G M E N T Raman, J. Ext.P6 is a complaint made by the second petitioner to the Executive Officer, Sree Manapulli Bhagavathy Devaswom, against the inclusion of certain persons in the Vela Committee. Ext.P7 is also a complaint made by 14th respondent to the Assistant Commissioner, Malabar Devaswom Board, HR & CE (Administration) Department, Palakkad. Ext.P6 is dated 26.12.2008 and Ext.P7 is dated 28.10.2008. Inspite of notice, the 14th respondent has not entered appearance. So, his grievance need not be considered in this writ petition. Then, what remains is only Ext.P6. 2. We have heard the arguments advanced by Sri.Sajeev Kumar K.Gopal, the learned counsel appearing for the petitioners, Sri.R.Lakshminarayan, the learned Government W.P.(C) No.1259 of 2009 2 Pleader appearing for respondents 1 to 3, Sri.V.Krishna Menon, the learned counsel appearing for the 4th respondent, as also Sri.Mohana Kannan, the learned counsel appearing for respondents 5 to 11. It is submitted that 12th respondent is unnecessarily dragged to these proceedings and he is not even a member of the Vela Committee. Since no relief as such is claimed against 12th respondent, he is found to be an unnecessary party and hence he is removed from the party array, and the writ petition as against him is dismissed with a cost of Rs.5000/=. 3. As regards the main grievance of the petitioners is concerned, it is their case that respondents 5 to 11 are persons who are not qualified to be included in the Vela Committee. They place reliance on Exts.P1 and P2 guidelines. Whether respondents 5 to 11 are really disqualified with reference to those exhibits is a matter to be considered at the first instance by the competent authority. It is submitted the counsel for respondents 5 to 11 that the Vela Committee was elected at the office of the Devaswom in the presence of the Assistant W.P.(C) No.1259 of 2009 3 Commissioner on 25.10.2008 and there was no objection raised by anybody including the petitioners who admittedly are the members of the Executive Committee. Evidently Ext.P6 is filed only after two months of the constitution of the committee. The festival is scheduled to be held on 13.2.2009 to 26.2.2009. Therefore, no relief on the merits could be granted at this stage. Further, the petitioners have moved the Executive Officer by filing Ext.P6 complaint, that too, in December 2008. However, since the Assistant Commissioner, 3rd respondent herein, is the higher authority under the Malabar Devaswom, he may look into Ext.P6 complaint, and after hearing all the parties do the needful. The writ petition is disposed of as above. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.