IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 33973 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. KUTTYKRISHNAN NAIR, S/O.KAVAMMA, KULANKARA HOUSE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. 2. UNNIKRISHNAN NAIR, S/O KUTTYLAKSHMI AMMA KULANKARA HOUSE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. 3. JAYAPRAKASH, S/O KUNJILAKSHMY AMMA, KULANKARA HOUSE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. 4. VENUGOPALAN, S/O.PANCHALIAMMA, KULANKARA HOUSE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. 5. GOPALAN NAIR, S/O.SREEDEVI AMMA, KULANKARA HOUSE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, KOZHIKODE. 2. EXECUTIVE OFFICER, NALUSSERRY BHAGAVATHY TEMPLE, ELUMBULASERRY, OTTAPPALAM, PALAKKAD DISTRICT. 3. PRABHAKARAN NAIR, KULANKARA HOUSE, ELUMBULASSERY, OTTAPPALAM, PALAKKAD DISTRICT. 4. P.M.NARAYANAN, MANAGING TRUSTEE, NALUSSERRY, BHAGAVATHY TEMPLE, ELUMBULASSERY, OTTAPPALAM, PALAKKAD DISTRICT. BY STANDING COUNSEL FOR MALABAR DEVASWOM BOARD SRI.K.MOHANA KANNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- W.P.(C) No.33973 of 2009 ------------------------------- Dated this the 26th November, 2009 J U D G M E N T Raman, J. Petitioners impugn Ext.P1 letter of the fourth respondent. They also state that they have got a customary right to conduct Santhi and Kazhakam in the Nalussery Bhagavathi Temple. It is stated that the first petitioner has preferred Ext.P4 representation before the first respondent. This writ petition is filed seeking for a direction to the first respondent to consider and pass appropriate orders on Ext.P4. 2. Heard the learned counsel appearing for the petitioners as also the learned Standing Counsel, Sri.K.Mohana Kannan, appearing for the Malabar Devaswom Board. 3. Whether the petitioners have got any such customary right is not a matter to be decided in this petition filed under Article 226 of the Constitution of India. The petitioners W.P.(C) No.33973/2009 2 have to either approach the statutory authority or the Civil Court, as may be advised. Now that the first petitioner has approached the statutory authority, as evidenced by Ext.P4, the statutory authority will consider and dispose of the same, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. It is open to the petitioners to seek for any interim relief from the first respondent before whom Ext.P4 is preferred. 4. However, in the event of any interim application being filed, either the same will have to be disposed of expeditiously, before the final orders are passed on Ext.P4, or it may be open to the first respondent to dispose of Ext.P4 itself. In case, he opt to dispose of Ext.P4, status quo as on today shall be allowed to continue till then. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.