IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 27849 of 2008(M) ------------------------------------- PETITIONER(S): ------------------------- 1. V.KRISHNAN NAMBOOTHIRI, MANAGING TRUSTEE SREE KODALIL VISHNU KSHETHRAM, VENDRAKKAD MANA, AYILAKKAD POST, VENGINIKKARA, MALAPPURAM. 2. MADHAVAN NAMBOOTHIRI, MEMBER OF THE TRUSTEE, VENGALLOOR MANA, KALLADIPLATTA POST, OTTAPALAM TALUK, PATTAMBI VIA, PALAKKAD 679 313. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.S.K.MADHU SMT.C.N.NOORUL HIDAYA RESPONDENT(S): ------------------------ 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE DISTRICT. 2. THE ASSISTANT COMMISSIONER, HR & CE (ADMN.) DEPARTMENT, TIRUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT.R.LAKSHMI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27849 of 2008-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008. JUDGMENT Raman, J. The prayer made in this writ petition is to declare that the respondents have no manner of right or authority to appoint hereditary and non- hereditary Trustees for the Sree Kodali Vishu Kshethram by invoking the provisions of Section 41 of the Hindu Religious and Charitable Endowments Act, 1951 and to quash Exts.P2 and P4. 2. Interim stay was granted by this court at the time of admission of the writ petition. It is submitted by learned Govt. Pleader appearing on behalf of the respondents that the Commissioner has directed the Area Committee to conduct an inspection of the temple, hear the objection of the petitioners and to issue a fresh notice. The same is recorded. In the circumstances, we direct that further proceedings shall not be taken for appointing hereditary and non-hereditary Trustees except by WPC 27849/2008 -2- issuing a fresh notice as stated above. The writ petition is closed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/