IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 12193 of 2010(Y) --------------------------------------- PETITIONER(S): ----------------------- K. KESAVAN MOOSAD, KIZHAKKEPPAT ILLAM, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): -------------------------- 1. THE MALABAR DEVASWOM BOARD, REP. BY ITS SECRETARY, KOZHIKODE - 20. 2. THE PRESIDENT, MALABAR DEVASWOM BOARD, KOZHIKODE. 3. CHERUKUNNU BHAGAVATHI DEVASWOM MANAGING TRUSTEE, VALIYA THAMPURATTY (KUTTIAMPATTY THAMPATTY), KIZHAKKE KOVILAKATH, KOTTAKKAL P.O., MALAPPURAM. 4. NARAYANA MOOSATH, TRUSTEE, CHERUKUNNU BHAGAVATHI DEVASWOM, CHERUCHOLA MANGATT ILLAM, OTHUKKUNGAL P.O. MALAPPURAM DISTRICT. R1 & R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DB. R3 BY ADV. SRI.T.R.RAVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12193/2010-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION PUBLISHED IN MALABAR DISTRICT GAZETTE DATED 25TH OCTOBER 1937. EXT.P2: COPY OF THE SUIT IN OS.27/1970 OF SUBORDINATE JUDGE, TIRUR. EXT.P3: COPY OF THE ORDER PASSED BY THE COMMISSIONER DATED 22/07/1993. EXT.P4: COPY OF THE JUDGMENT DATED 23/05/1997 FILED BY THE PRESIDENT OF THE CHERUKUNNU KSHETHRA SAMRAKSHANA COMMITTEE BEFORE THIS HONOURABLE COURT DATED 23/05/1997. EXT.P5: COPY OF THE ORDER OF THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT ON 03/06/1965 IN OA.16/64. EXT.P6: COPY OF THE ORDER IN RP.441/1997 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE REPRESENTATION FILED BY THE PETITIONER ON 17/07/2009 TO THE 2ND RESPONDENT. EXT.P8: COPY OF THE DECISION. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE ORDER DATED 06/08/2009. //TRUE COPY// P.A. TO JUDGE rs. C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C) No.12193 OF 2010 --------------------------------------- Dated this the 8th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The petitioner's allegation is that there is mismanagement in the Cherukunnu Bhagavathy Temple. However, counsel for the present trustee submitted that the petitioner himself was involved in mismanagement in as much as the petitioner has encroached the Devaswom property and suit is pending. We do not think there is any need for us to consider the matter on merits because suit is pending before the civil court and the 1st respondent can look into the allegations of mismanagement. All the allegations the petitioner can bring to the notice of the Assistant Commissioner, Devaswom Board, Thirur. If any complaint is made, the Assistant Commissioner will conduct enquiry and take appropriate action in the matter. The Writ Petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps