IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 14295 of 2009(F) -------------------------- PETITIONER(S): --------------- C.K. VENUGOPAL, TRUSTEE, SREE MANIKKAPURAM VISHNU TEMPLE, ANGADIPURAM, MALAPPURAM - 679 321. BY ADV. SRI.K.RAMAKUMAR SR. SRI.J.R.PREM NAVAZ SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE SECRETARY TO DEPARTMENT OF REVENUE (DEVASWOMS) GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS @ CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, KOZHIK0DE. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS ENDOWMENTS (ADMN) DEPARTMENT, MALAPPURAM. 4. SRI.K. RADHAKRISHNAN, S/O. KUNHUNNI, KAYAKKUNDI HOUSE, ANGADIPURAM, MALAPPURAM - 679 321. 5. SRI.P.V. RAVEEDNRANATH, S/O. KUNHUNNIPILLA, RAVEENDRA NIVAS, ANGADIPURAM, MALAPPURAM - 679 321. 6. SRI.P. RAMACHANDRAN, S/O. KUTTAN, PATHAYAPURAKKAL HOUSE, ANGADIPURAM, MALAPPURAM - 679 321. 7. SRI.A. SATHYAN, S/O.A. SANKARANARAYANAN, ARANGATH HOUSE, ERAMTHODE, PATTIKKAD.P.O, ANGADIPURAM, MALAPPURAM - 679 321. BY GOVT. PLEADER SRI.LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 14295 of 2009 ------------------------------- Dated this the 25th June, 2009 J U D G M E N T Raman, J. The prayer in the writ petition is to quash Exts.P1 and P4 on the various grounds urged in the writ petition. Ext.P1 is a proceeding issued by the Assistant Commissioner, Malappuram, HR & CE Department, dated 18.4.2008, appointing four persons mentioned therein as non hereditary trustees, in exercise of the power under Section 41 of the Hindu Religious and Charitable Endowments Act, hereinafter referred as 'the Act' for short. Challenging the same, he filed a writ petition before this Court earlier, which resulted in Ext.P2 judgment, by which, this Court held that he has got statutory remedy under Section 99 against the said order and the matter was disposed of relegating him to take re-course to such remedies. Subsequently, he preferred a revision before the Government and Ext.P4 order is passed confirming Ext.P1. Hence, this writ petition. W.P.(C) No.14295 OF 2009 2 2. Heard the learned counsel appearing for the petitioner as also the learned Government Pleader. 3. As per Section 39(4) of the Act, where the Commissioner by order appoints a non-hereditary trustee or trustees, then the hereditary trustee or trustees has a right to institute a civil suit within 30 days from the date of receipt of the order, challenging such appointment. Section 99 of the Act will apply only to such cases where there is no provision made under the Act to institute a civil suit or an appeal. In so far as appointment of non-hereditary trustees is concerned, since there is a specific provision under Section 39(4) of the Act, Section 99 of the Act strictly may not apply. Therefore, the fact that the petitioner has approached by way of a revision will not stand in the way of his pursuing the remedy under Section 39(4) of the Act. But the period of limitation of 30 days shall be calculated only from the date of this order. 4. Accordingly, we direct that in case any Civil suit is filed within a period of 30 days from today, then that suit will W.P.(C) No.14295 OF 2009 3 be disposed of on merits. It is also open to the petitioner to seek for interim relief, if any. The status quo as on today will continue for a period of 30 days from today, so as to enable the petitioner to approach the civil court and obtain necessary orders. Thereafter, the parties will be governed by the orders passed by the civil court. The writ petition is disposed of with the above observations. Issue copy of the judgment expeditiously. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.