IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH JUNE 2007 / 28TH JYAISHTA 1929 WP(C).No. 31406 of 2006(L) ------------------------------- PETITIONER: -------------- BATHERY MAHA GANAPATHY TEMPLE, REPRESENTED BY THE PRESIDENT, BATHERY MAHA GANAPATHY KSHETHRA SAMITHY, SULTAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, H.R.& C.E. (ADMINISTRATION), KOZHIKODE. ADDL. R3. T. SANTHOSH KUMAR, S/o P.K. GOVINDAN SANTHOSH BHAVAN, P.O. TIRUNELLI TEMPLE WAYANAD (IMPLEADED AS PER ORDER DATED 07.02.3007 IN I.A.1500/2007) R3 BY ADV. SRI.MOHAN C.MENON R1 BY GOVT PLEADER SRI K SANDESH RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31406/06 1 K.S. RADHAKRISHNAN & ANTONY DOMINIC, JJ. --------------------------------------------------------------------------- W.P.C. No 31406 of 2006 --------------------------------------------------------------------------- Dated: 18th June 2007 JUDGMENT Radhaklrishnan, J. Writ petition has been preferred seeking a writ of certiorari to quash Ext. P8 order dated 18.11.2006 passed by the Government on a revision petition filed by the petitioner. Revision petition was directed to be disposed of by this court in W.P.C. No 20710 of 2006 filed by Gopalankutty Nair and Santhosh Kumar. Government noticed that the revision petition has become infructuous and the stay granted was vacated. The Government gave a direction to the Commissioner, Hindu Religious and Charitable Endowment Department, Kozhikode to take urgent steps to take over the administration of the temple by a duly appointed executive officer. 2. Ext. P4 was the revision petition filed by the petitioner against Ext. P3 notification issued by the Commissioner, H.R. & C.E inviting applications for appointment to the post of Trustees to the WPC 31406/06 2 temple. Ext.P3 notification was issued as early as on 10.06.1986. On a petition filed by the petitioner Government had granted stay of Ext. P3 on 24.12.1988 and the stay order continued all these years. On a representation filed by the additional third respondent, Government took up the revision and disposed of it, vacating the stay, but a direction was given to the Commissioner to take over management and administration of the temple. 3. Writ petitioner has only questioned the validity of Ext P3 before the Government. Government was therefore concerned only with the question whether the Commissioner was justified in issuing Ext P3 or not. In an infructuous revision petition, Government have considered various other qustions projected by the additional third respondent through his representation dated 28.06.2006. Facts mentioned in the representation dated 28.06.2006 are not relevant to examine the validity or otherwise of Ext P3 notification issued by the Commissioner. The Government, in our view, was not justified in giving a positive direction to the Commissioner to take over the administration of the temple in a revision petition filed by the petitioner. Even otherwise we are of the view that the Commissioner cannot proceed with Ext.P3 notification at this WPC 31406/06 3 distance of time. In such circumstances, we are inclined to set aside Ext P3, so also Ext P8 order passed by the Government. Writ petition is allowed as above. SD/- K.S. RADHAKRISHNAN Judge SD/- ANTONY DOMINIC Judge en/ [TRUE COPY] WPC 31406/06 4 APPENDIX Petitioner's exhibits: Ext.P1 Photocopy of registration certificate Ext.P2 - Photocopy of Deed dated 10.11.1972 Ext.P3 - Photocopy of notice dated 10.06.1985 Ext.P4 - Photocopy of petition dated 30.06.1986 filed by the petitioner before the Government Ext.P5 - Photocopy of the notice dated 27.09.2005 Ext.P6 - Photocopy of the counter affidavit dated 11.10.2006 Ext.P7 - Photocopy of the order dated 21.08.1951 Ext.P8 - Photocopy of the order dated 18.11.2006 issued by the first respondent. Respondent's exhibits: Ext.R1(a) - Report of HR & CE Inspector Ext.R1(b) - Report of P. Bhaskaran Ext.R1(c) - Representation of employees of Mahaganapati temple Sulthan Bathery Ext.R1(d) - The list of temples published by HR & CE [true copy]