IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19919 of 2009(H) PETITIONERS: K.KUNHIRAMAN,TRUSTEE AND GENERAL SECRETARY,KOTTIYOOR PERUMAL SEVA SANGAM, KOTTIYOOR,KANNUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: 1. STATE OF KERALA, REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM,REP.BY SECRETARY. 2. DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,KOZHIKODE-20. 3. CHAIRMAN,SREE THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM,KOTTIYOOR,KANOOR DISTRICT. 4. SREE THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM,KOTTIYOOR,KANOOR DISTRICT, REP.BY ITS EXECUTIVE OFFICER. 5. KAMPRATHILLATH PARAMESWARAN NAMBOODIRI, MUZHAKKUNNU P.O.,KOZHIKODE. 6. KAMPRATHILLATH CHERIYA NARAYANAN NAMBOODIRI,P.O.KALPATHUR,KOZHIKODE DISTRICT. 7. SANKARA VARMA VALIYA RAJA, (KOTTAYAM KOVILAKAM),P.O.URUVACHAL, THALASSERY TALUK. SR. GOVT. PLEADER SRI. R. LAKSHMINARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 19919 OF 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner is one of the non hereditary trustees of the Kottiyoor Devaswom . In the meeting of the trustees held on 2.4.2009 the request by one of the Board of trustees namely Sri. Parameswaran Namboodiri for enabling him to purchase the anointed ghee for an amount of Rs. 2,000/- was considered and resolved to allow the same. So however, the petitioner and one another dissented from that view. Since the decision was taken by majority decision, petitioner thought that his view could be implemented by approaching the Deputy Commissioner and accordingly, he filed Ext.P5 for a declaration that the anointed ghee belongs to the Devaswom. He also made an interim prayer which was considered by Ext. P7 order. It is against that, the present writ petition is filed. 2. So long as the purchase of the anointed ghee is pursuant to a Bard decision, we do not think that any interim relief against the said decision would have been granted until such decision is found to be clearly wrong WP(C) 19919/2009 :2: and contrary to the interest of the Devaswom or against the provisions under the Act and being only a interim order, we do not think at this stage any interference is called for. Since the main matter is pending consideration before the Deputy Commissioner, he will necessarily consider all the aspects of the matter, after hearing all parties concerned. Even in Ext.P7, the Deputy Commissioner has made it clear that the interim order is without prejudice to the right of the parties to substantiate their contention. That shows that he is only disposing of the matter untrammelled by whatever observations made in the order. 3. In the view we are taking, we are not issuing notice to the other respondents. But we heard the learned Standing Counsel appearing on behalf of the Malabar Devaswom Board. Even though the prayer made in this writ petition is to disqualify the 5th respondent from being a member of the Board, no such relief is claimed in Ext. P5. So, bye-passing the statutory remedy available, petitioner has approached this Court. Even though he placed reliance on a decision of this court in O.P 786/1998 we have perused the said judgment and find that in the peculiar facts and circumstances of the case and in view of the pendency of several cases, and having due regard to the peculiar facts and statutory violation, this court interfered in the matter. That has no application to the present situation. WP(C) 19919/2009 :3: The Deputy Commissioner shall dispose of the Original Application as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-