IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 18968 of 2011(U) -------------------------------------- PETITIONER(S): ---------------------- K. KUNHIRAMAN, GENERAL SECRETARY, SREE KOTTIYOOR PERUMAL SEVA SANGAM, NON-HEREDITARY TRUSTEE SREE KOTTIYOOR DEVASWOM, KOTTIYOOR. BY SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE ADV. SRI.M.KRISHNAKUMAR RESPONDENT(S): ------------------------- 1. SREE THRICHERUMANNA @ KOTTIYOOR DEVASWOM REPRESENTED BY ITS CHAIRMAN, BOARD OF TRUSTEES KOTTIYOOR P.O., KANNUR DISTRICT, 670 674. 2. THITTAYIL BALAN NAIR, CHAIRMAN, SREE KOTTIYOOR DEVASWOM TRUSTEE BOARD KOTTIYOOR P.O., KANNUR DISTRICT, 670 674. 3. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-673 001. R1 & R2 BY SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE, ADV. SRI.K.P.SUDHEER, SMT.N.P.ASHA. R3 BY ADV. SRI.K.MOHANAKANNAN, SC, MALABAR DEVASWOM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18968 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 02/11/2010. EXT.P2: COPY OF THE COUNTER STATEMENT DATED 22/04/2011. EXT.P3: COPY OF THE ORDER DATED 18/05/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.18968 of 2011 ---------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed challenging Ext.P3 order, whereby, the Commissioner, MDB refused to initiate disciplinary proceedings against the Chairman of Sree Kottiyoor Devaswom on the premise that such issues could be raised in the meeting of the Board of Trustees. Today, by separate judgment, we had directed convening of the meeting of the Board of Trustees including for considering a No Confidence Motion against the Chairman. Though confidence or no confidence may not always depend upon the issues which may or may not give rise to disciplinary proceedings, for the time being, we are of the view that it would not be proper to have a consideration of any disciplinary action while No Confidence Motion is yet to be considered. Therefore, we close this writ petition hoping that the issues raised by the petitioner herein would also be addressed in the meeting of the Board of Trustees and if the petitioner is further aggrieved, the impugned Ext.P3 order will not then stand in his way to move the WP(C).No.18968/2011 2 Commissioner for relief, if any, in accordance with law, after the decision of the Board of Trustees on the No Confidence Motion. Ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/18.11