IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 OP.No. 10997 of 1998(H) ----------------------------------- PETITIONER(S): ------------------------ 1. K. BALAN NAIR, KANDOTH VEEDU, P.O. THIRUVANGOOR-673 318, KOZHIKODE DISTRICT. 2. P. KUMARAN NAIR, PUTHUR VEEDU, KALPATHUR P.O., MEPPAYUR-673 524, KOZHIKODE DISTRICT. 3. P. KUNHIKRISHNAN NAIR, MANOHAR NIVAS, PUNATHIL VEEDU, KOLLAM-673 307, KOZHIKODE DISTRICT. 4. N. GOPALAN NAIR, NANOTH VEEDU, KOLLAM-673 307, KOZHIKODE DISTRICT. 5. MAJOR M.M. NAIR, OOTARI VEEDU, KOLLAM-673 307, KOZHIKODE DISTRICT. 6. K. RAGHAVAN NAIR, KUNIYIL VEEDU, ARIKULAM, VIA. QUILANDY, KOZHIKODE DISTRICT. *7. RAJACHANDRAN S., RESHMI VEEDU, KOLLAM-673 307, KOZHIKODE DISTRICT. *8. E.K. VASUKURUP, SREE VIHAR, THIKODI-673 529, KOZHIKODE DISTRICT. *9. K.P. KUNHIRARICHAN, KAUSTHUBHAM, KOLLAM-673 307, KOZHIKODE DISTRICT. *10. R.V. BALAKRISHNAN, SARITHA, MANDHAMANGALAM, MUDODI, QUILANDY, KOZHIKODE DISTRICT. * NAMES OF P7 TO P10 ARE DELETED AS PER ORDER DATED 10/04/2001 IN C.M.P.NO.19661/2001. BY SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE, ADV. SRI.E.K.MADHAVAN, OP.No. 10997 of 1998(H) RESPONDENT(S): -------------------------- THE DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CALICUT, KOZHIKODE DISTRICT. BY ADV. SRI.K.MOHANAKANNAN,SC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 10997 of 1998(H) ORDER ON C.M.P.NO.18918/1998 IN O.P. NO. 10997/1998 DISMISSED 20/10/2010. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. SD/- P.BHAVADASAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SCHEME FRAMED IN O.A. NO.19 OF 1976 DATED 28/09/1977 ISSUED BY THE RESPONDENT. EXT.P2: COPY OF THE ORDER NO.HR 7/6553/92 DATED 05/02/1994 ISSUED BY THE COMMISSIONER APPOINTING PETITIONERS 7 TO 10 AS NON-HEREDITARY TRUSTEES OF THE TEMPLE. EXT.P3: COPY OF THE ORDER NO.A.350/1998 DATED 13/05/1998 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE GAZETTE NOTIFICATION DATED 17/03/1994. EXT.R1(b): COPY OF THE REPORT FILED BY THE COMMISSIONER ON 02/05/1998 IN DB 8/97. //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- O.P.No.10997 OF 1998 ------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The hereditary trustees and non-hereditary trustees of the temple in question were placed under suspension by the Deputy Commissioner, HR & CE. That order was stayed by this Court at the stage of admission of this matter in 1998. That order of stay continues. The very substratum of the proceedings initiated against the writ petitioners cannot be treated to be surviving for any judicial consideration under the changed circumstances, including the coming into being of the Malabar Devaswom Board. Under such circumstances, it is ordered that the impugned proceedings shall be treated as having become stale and if any ground exists for the authorities in the Malabar Devaswom Board to initiate any action in accordance with law, the impugned order would not stand in the way of any such OP.10997/98 2 proceedings and would not also be used against the petitioners. The writ petition is ordered accordingly without entering on merits of the rival contentions on facts. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.21/10.