IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 WPC.No. 34357 of 2011 (T) ====================== PETITIONER(S) ============= 1 K.C.VELAYUDHAN NAIR, HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, KOTTIYOOR P.O. KANNUR DISTRICT. 2 K.KUNHIRAMAN, NON-HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, KOTTIYOOR P.O. KANNUR DISTRICT 3 P.GANGADHARAN, NON-HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, KOTTIYOOR P.O. KANNUR DISTRICT. BY ADV.SRI.B.PRAMOD SR.ADV. SRI.CHANDRASEKHARAN RESPONDENT(S) ============= 1 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRTARY, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE 673006. 2 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE-673 006 3 SREE KOTTIYOOR DEVASWOM REPRESENTED ITS EXECUTIVE OFFICER, KOTTIYOOR P.O., KANNUR DISTRICT 670673. 4 T.BALAN NAIR, RESIDING AT KOTTIYOOR, KOTTIYOOR P.O., KANNUR- 670673. BY SRI.N.MANOJ KUMAR,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO. 34357/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TRUE COPY OF THE JUDGMENT 06-041994 IN M.F.A NO. 74/1988. EXT.P2: COPY OF REPRESENTATION DATED 07-07-2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P3: COPY OF PROCEEDINGS DATED 28-07-2011. EXT.P4: COPY OF THE NOTICE 05-08-2011 ISSUED BY THE 2ND RESPONDENT EXT.P5: COPY OF THE LETTER DATED 08-08-2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE MEMO OF CHARGES ALONG WITH THE STATEMENT OF ALLEGATIONS DATED 22-09-2011 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE JUDGMENT DATED 23-09-2011 IN W.P ( C ) NO. 21779/2011. EXT.P8: COPY OF THE REPLY DATED 16-10-2011 ISSUED BY THE 1ST PETITIONER. EXT.P9: COPY OF THE REPLY DATED 16-10-2011 ISSUED BY THE 1ST PETITIONER. EXT.P10: COPY OF THE JUDGMENT DATED 25-05-1998 IN O.P NO. 786/1998. RESPONDENT'S EXHIBITS: NIL /T RUE COPY/ P.A. TO JUDGE AS THOTTATHIL B. RADHAKRISHNAN & C.T. RAVIKUMAR, JJ. -------------------------------------------- W.P.(C). No.34357 OF 2011 -------------------------------------------- Dated this the 23rd day of December, 2011 JUDGMENT Thottathil B. Radhakrishnan, J. The petitioners are facing Exts.P4 and P6, notice and memo of charges for proceedings stated to be proposed in terms of certain clauses of the scheme and provisions of the Hindu Religious and Charitable Endowments Act ('the Act'). The fundamental plea of the petitioners is that none of the grounds stated in the memo of charges is referable to any ground that would fall within section 45 of the Act. Petitioners do not have a plea that the Commissioner does not have the power to initiate action under section 45. Therefore, whether the bundle of facts, on the basis of which, action is proposed, constitutes, or not, cause for action under section 45 is a matter that could be urged, for the first time, only before the authority who has initiated the proceedings, namely the Commissioner. Therefore, we repel the contention of the petitioner that a writ needs to be issued in exercise W.P.(C)34357/11 2 of the power under section 226 of the Constitution. In the circumstances, this writ petition is ordered directing that the Commissioner will consider the objections that the petitioners have, to the proceedings, including the ground as to the allegations do not constitute situation which would fall within section 45. Any further objection that the Commissioner's action is beyond his jurisdiction, can also be brought to the notice of the Commissioner. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN (Judge) C.T. RAVIKUMAR (Judge) spc/ 23.12.