IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 19553 of 2009(L) -------------------------- PETITIONER: ------------------ SREEDHARAN NAMBOODIRIPAD, S/O.NARAYANAN NAMBOODIRIPAD, AGED 74, RESIDING AT KAKKATTU MANA, THRIKKALANGOD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, KOZHIKODE. 2. SREEKUMARAN THAMPURAN, HEREDITARY TRUSTEE, MOOTHRIKUNNU DEVASWOM, MANJERI, RESIDING AT AMBIKALAYAM, MAKKADA POST, PERINTHALMANNA. 3. M.PARAMESWARAN NAMBOODIRIPAD, ADVOCATE, MANJERI, MALAPPURAM DISTRICT. 4. VASUDEVAN NAMBOODIRIPAD, MODAPPILAPALLI MANA, PADINJATTUM MURI, PERINTHALMANNA. SR. GOVT.PLEADER SRI. R. LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19553 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2009. JUDGMENT Raman, J, Petitioner is said to be a hereditary Tantri of Moothrikunnu Temple and Devaswom, Manjeri. He approached the Deputy Commissioner, H.R. & C.E. for a direction not to remove him from the position of Tantri by filing O.A. 20 of 2007, which is marked as Ext.P1. He came to know that another man was already appointed and hence he sought to amend the main O.A. by impleading the new Tantri and also making an additional prayer. Though he had made a specific prayer to terminate the services of the new Tantri, the prayer for impleadment and amending the cause title was allowed, but the request to amend the prayer portion for including the prayer to remove the newly appointed man was rejected. Hence this writ petition. 2. We heard the learned Government Pleader WPC.19553/2009. 2 appearing on behalf of the Malabar Devaswom Board. 3. The main question is as to whether the petitioner is entitled for the declaration as the hereditary Tantri of the temple. If so, whether he could be removed. In case the decision is in his favour, necessarily relief will have to be molded and his position will have to be restored to the same position as he held, and the new Tantri will have to vacate the post. This is all that has been specifically sought for in the prayer now made. Now that the new Tantri has already been impleaded. He being the affected party, in case the prayer is granted, there cannot be any strict objection regarding allowing the amendment. The matter will be considered by the Deputy Commissioner and he will decide as to what are the reliefs entitled to by the petitioner. 4. In such circumstances, the original petition is allowed and Ext.P3 is quashed. I.A. 32 of 2008 in O.A. 82 of 2007 will stand allowed. Since we are only allowing the amendment as such WPC.19553/2009. 3 seeking to include a prayer, whether or not ultimately such a prayer should be granted or not will be decided only after hearing the additional impleaded party. Since we are not expressing any opinion thereto, we are not issuing notice to him. P.R. Raman, Judge P. Bhavadasan, Judge sb.