IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27033 of 2010(D) -------------------------- PETITIONER(S): --------------- VELAYUDHAN NAIR, HEREDITARY TRUSTEE, KOTTIYOOR DEVASWOM, P.O.KOTTIYOOR, KANNUR. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. MALABAR DEVASWOM BOARD, KOZHIKODE, REPRESENTED BY ITS COMMISSIONER. 3. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 4. DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 5. SRI.THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM, P.O.KOTTIYOOR, KANNUR DISTRICT, REPRESENTED BY ITS EXECUTIVE OFFICER. PIN-670 674. 6. T.BALAN NAIR, CHAIRMAN, SRI.THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM, P.O.KOTTIYOOR, KANNUR DISTRICT-670 674. R1 BY GOVT. PLEADER SRI.R.LAKSHMI NARAYANAN R2 TO R4 BY ADV. SRI.K.MOHANAKANNAN,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.27033 OF 2010 ------------------------------------------- Dated this the 3rd day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner is one of the hereditary trustees of the Sree Thricherumanna Kottiyoor Devaswom. He raised complaints against the 6th respondent Chairman of the said Devaswom. In our view, the statutory provisions in the HR & CE Act provide adequate remedy to the petitioner by recourse to proceedings before the third respondent Commissioner who is the statutory authority. Learned counsel for the petitioner, however, points out, as pleaded in paragraph 10 of the writ petition, that the Commissioner has been taking a partisan attitude and this is demonstrated by his relegating a complaint made by the General Secretary of the Sree Kottiyoor Perumal Seva Sangam to the Chairman for consideration. We stand advised that when power is vested in terms of a statute in a particular authority, the courts would not readily assume that the said power would be exercised WPC.27033/10 2 in a manner unbecoming of the power and the repository. The question of any officer acting malafide may arise only if a particular action has been accomplished. Courts would not assume that a particular officer is likely to be partisan or that he would act malafide. We are not impressed by the suggestion that any other person in the rank of Commissioner, HR&CE may be considered to be appointed as an independent authority. In the aforesaid circumstances, without expressing anything on merits, we order that the third respondent will consider any complaint of the petitioner in accordance with law and provide opportunity of hearing to the petitioner, respondent No.6 and any other person entitled to be heard. Let a reasoned decision be rendered within a period of two months of an appropriate complaint being filed. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.3/09.