IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 26405 of 2011(A) -------------------------- PETITIONER(S): --------------- P.U.KARUNAKARAN, AGED 57 YEARS, S/O.LATE RAMANKUTTY NAIR, ULATTIL HOUSE, PALLAVUR, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, MINISTRY OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE MALABAR DEVASWOM BOARD, REP. BY ITS COMMISSIONER, MALABAR DEVASWOM BOARD, ERANNHIPALAM, KOZHIKODE, PIN-673006. 3. THE EXECUTIVE OFFICER, SREE THRIPPALLAVOOR DEVASWOM, PALLAVOOR, PALAKKAD-678688. 4. P.N.K.MANI, NADAVUKATTU HOUSE, PALLAVOOR, PALAKKAD, REPRESENTING NADUVAKKATTU FAMILY, PALLAVOOR, PALAKKAD, PIN-678688. R1 BY GOVT. PLEADER SRI.T.RAMAPRASAD UNNI R2 BY ADV. SRI.K.MOHANAKANNAN,SC SRI.M.RAMESH CHANDER R4 BY SRI.BINOY VASUDEVAN SMT.P.G.BABITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26405/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH PATHAMVILAKKU. EXT.P2: THE PHOTOCOPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 14.5.2008. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & K. VINOD CHANDRAN, JJ. ----------------------------------- W.P(C).No.26405 OF 2011 ------------------------------------ Dated this the 9th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This matter relates to Sree Thrippallavoor temple which is stated to be a controlled institution under the Malabar Devaswom Board in terms of the provisions of the Hindu Religious and Charitable Endowments Act, 1971. The controversy as to whether Ext.P2 is sustainable on facts and whether the Executive Officer could have conferred exclusive right on any particular individual or family need not now be judicially determined, unless becomes necessary after consideration of that issue by the competent authority in MDB. The Commissioner of MDB is, therefore, directed to give an opportunity of hearing to the petitioner and the other interested parties, including the 4th respondent and decide on the issue. We clarify that we have not expressed anything on WPC.26405/11 2 the merits and it will be open to the Commissioner to interfere with Ext.P2, if it is found necessary. Since the petitioner and the 4th respondent are appearing here, we direct them to mark their appearance before the Commissioner of MDB on 12.12.2011. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K. VINOD CHANDRAN, Judge. kkb.11/11.