IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 3571 of 2011(V) ------------------------- PETITIONER(S): --------------- BABURAJ P., PUTHUKKUDY HOUSE, MUKKADA P.O., KAKKODI, KOZHIKODE. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENT(S): --------------- 1. DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 2. SIVARAMAN KIDAVU, POYLIL, P.O.MUKKADA. 3. RAVEENDRAN KOROTH, P.O.MUKKADA, PIN-673 617. 4. APPUKKUTTAN NAIR, ARANGIL, P.O.MUKKADA. 5. SATHEESH BABU MADATHIL, P.O.MUKKADA. 6. BALACHANDRAN NAIR P.N., EDAYATHAZHATHU, P.O.KAVOOR. 7. PURUSHOTHAMAN KAROL, P.O.MANKAVU. 8. ADDL. RESPONDENTS: GOPIDASAN, S/O. GOVINDAN NAIR, KAVUTHIMADATHIL MEETHAL, MAKKADA AMSOM, MURIKKARA DESOM, KOZHIKODE TALUK. 9. PRADEEPAN M., S/O. CHATHUKUTTY, VARALIL HOUSE, MORIKKARA DESOM, KOZHIKODE TALUK. WPC3571/11 - 2 - 10. DINESHAN T., S/O. BAPPU, THATTARAKEL HOUSE, MONIKKARA DESOM, KOZHIKODE TALUK. 11. PRAVEEN KUMAR M.P., MANATHI POYIL, MOORIKKARA P.O., KOZHIKODE. 12. V.P.RAVEENDRAN, MOORIKKARA P.O., KARAPARAMBA, KOZHIKODE. 13. C.PADMINI, SOPANAM, MOORIKKARA, KOZHIKODE. 14. M.E.MALATHY, MAHIMA, MOORIKKARA, KOZHIKODE. 15. SUGUNAVALLY AMMA, NADUVODIYIL, MOORIKKARA, KAKKODI, KOZHIKODE. 16. RAJISH, NADUVODIYIL, MOORIKKARA, KAKKODI, KOZHIKODE. R1 BY ADV.SRI.K.MOHANAKANNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3571 of 2011-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioner has filed an application before the competent authority under the Hindu Religious and Charitable Endowments Act to declare a temple as one liable to be notified as a public temple. That application was left without prosecution for quite a long time and was ultimately dismissed on default. It appears that thereafter, application for restoration of that matter, was filed and WP (C).Nos.4456 and 11531 of 2004 were filed before this Court and in 2004, February, there were directions to consider the matter. In spite of all these, the Deputy Commissioner could only dismiss the application as there was continued non-appearance for the petitioners before that WPC3571/11 -: 2 :- authority. We do not find any ground to interfere with the reasons or the conclusions contained in Ext.P7. We do not feel that it should be in public interest to leave a proceedings of this nature as a continued Democles's sword hanging on the affairs of a temple. The writ petition fails. The same is accordingly dismissed. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1602