IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 20092 of 2008(P) -------------------------- PETITIONER(S): --------------- K.BALAN, S/O.GOPALAN NAIR, AGED 57 YEARS, PUTHIYOTTIL HOUSE, THIRUVANGOOR P.O. KOZHIKODE DIST. PIN: 673 318. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENT(S): --------------- 1. THE COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, COMMISSIONER'S OFFICE, P.O.CIVIL STATION, CALICUT, KOZHIKODE DISTRICT. 2. THE ASST.COMMISSIONER, HR & CE KOZHIKODE P.O.CIVIL STATION, CALICUT, KOZHIKODE DISTRICT. 3. THE EXECUTIVE OFFICER, SREE PISHARIKAVU DEVASWOM, PISHARIKAVU DEVI TEMPLE, P.O.KOLLAM, KOILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.MOHAN C.MENON FOR R3 BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYAN ` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.20092 OF 2008 EXT.P1 A TRUE COPY OF ORDER ISSUED BY THE COMMISSIONER OF HR & CE DATED 20.5.2008. EXT.P2 A TRUE COPY OF THE SCHEME PROMULGATED AS PER O.A.NO.19/76 DATED 28.9.77 EXT.P3 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY HR & CE DEPARTMENT IN O.P.NO.20690 OF 1998 K. //true copy// P.A. To Judge. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.20092 of 2008 ------------------------------- Dated this the 26th March, 2009 J U D G M E N T Raman, J. The petitioner is one of the Board of Trustees of Sree Pisharikavu Devi Temple, Kollam, Koyilandy Taluk. He impugns Ext.P1 proceedings issued by the Commissioner under the under the Hindu Religious & Charitable Endowments Act, constituting a committee consisting of Chairman of the Trustee Board, and other persons for making appointments of employees in the temple. The petitioner contends that this is a public trust and governed by a scheme framed by the Commissioner under Section 50(4) of the HR & CE Act, a copy of which is produced as Ext.P2 in this case. As per the scheme, clause (8) provides that the Executive Officer shall have the power to appoint all other servants of temple in consultation with the Board of Trustees but without amending the scheme, by Ext.P1, the Commissioner has appointed a new committee for making appointments, which is in W.P.(C) No.20092/20085 2 violation of the existing scheme. The learned counsel Sri.Mohan.C.Menon appearing on behalf of the third respondent also supports the contention of the petitioner. 2. The learned Government Pleader appearing on behalf of HR & CE Department submits that the whole selection was made in a transparent manner, as directed in Ext.P1. However, the Commissioner was exercising the power under Section 20 of the HR & CE Act. As per Section 20 of the HR & CE Act, the administration of all religious endowments shall be subject to the general superintendence and control of the Commissioner; and such superintendence and control shall include the power to pass any orders which may be deemed necessary to ensure that such endowments are properly administered and that their income is duly appropriated for the purposes for which they were founded or exist. The appointment of the employees, however, do not come with any of such powers under Section 20. Since there is already a scheme framed for the same, steps will have to be taken to W.P.(C) No.20092/20085 3 amend the scheme and thereafter to make such appointments with the amended scheme. In such circumstances, the constitution of sub- committee for appointment as per Ext.P1 proceedings is quashed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.