IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20256 of 2008(J) -------------------------- PETITIONER: ------------ 1. E.ASHOKAN, S/O.P.KRISHNAN, AGED 34 YEARS WORKING AS GUEST HOUSE ATTENDANT, RESIDING AT EDACHERIYAN HOUSE, KOOTHATTU, PATTUVAM P.O., TALIPARAMBA, KANNUR DISTRICT. 2. P.V.NANU, S/O.KRISHNAN, AGED 52 YEARS, WORKING AS SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KEEZHATTOOR MEETHALE BHAGOM, TALIPARAMBA P.O., KANNUR DISTRICT. 3. M.MOHANAN, S/O.KUNHAPPA KURUP, AGED 56 YEARS, WORKING AS SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT MANGALATTU HOUSE KARYAMBALAM, TALIPARAMBA P.O. , KANNUR DISTRICT. 4. T.V.NARAYANA VARIER, S/O.NARAYANA VARIER, AGED 52 YEARS, WORKING AS KOYMA, RAJARAJESWARA TEMPLE, RESIDING AT THERTHALA VARIER KIZHAKKENAKAM, TALIPARAMBA, KANNUR DISTRICT. 5. SHAILAJA SREEDHAR, W/O.JANARDHANAN, AGED 43 YEARS, WORKING AS GUEST HOUSE ATTENDANT, RESIDING AT KOYYAM P.O., TALIPARAMBA, KANNUR DT. 6. V.P.JAYASREE, D/O.V.P.KUNHAMBU, AGED 47 YEARS, WORKING AS GUEST HOUSE SWEEPER, RESIDING AT MAZHOOR, P.O.PANNIYOOR, VIA,KARIMBAM, KANNUR DISTRICT. 7. M.ROOPESH, S/O.GOVINDAN NAIR, 28 YEARS, WORKING AS WATCHMAN, TRICHAMBARAM TEMPLE, RESIDING AT EDOTH HOUSE, TRICHAMBARAM, TALIPARAMBA, KANNUR DISTRICT. 8. N.BABU NAMBOODIRI, S/O.NARAYANAN NAMBOODIRI, AGED 40 YEARS, WORKING AS PRIEST, TRICHAMBARAM TEMPLE, RESIDING AT NHERKATTILLAM, PANAKKADU, P.O.KARIMBAM, TALIPARAMBA, KANNUR DT. WP(C).No. 20256 of 2008 -2- 9. A.V.KAMALAKSHY, D/O.DEVAKY PILLAYARAMMA, AGED 42 YEARS, WORKING AS SWEEPER, RAJARAJESWARA TEMPLE, RESIDING AT MAMGALASSERY, ARIYIL P.O., PATTUVAM, TALIPARAMBA, KANNUR DISTRICT. 10. C.NARAYANAN, S/O.K.KUNHIRAMAN, AGED 42 YEARS, WORKING AS KAYYAM VAZHIPADU CLERK CUM SECURITY STAFF, RESIDING AT CHERUVODAN HOUSE, KAYYAM, ARIYIL P.O., PATTUVAM, TALIPARAMBA, KANNUR DISTRICT. 11. K.C.KESAVAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR, AGED 49 YEARS, WORKING AS SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KOYIPRA, P.O.VELLORA, VIA.M.M.BAZAR, KANNUR DISTRICT. 12. T.V.ASHOKAN, AGED 41 YEARS, HELPER OF COOK/SUPPLIER, TALIPARAMBA TEMPLE, RESIDING AT THAZHATHU VEEDU, KUPPAM P.O., TALIPARAMBA, KANNUR DIST. 13. M.V.SUMESH, AGED 30 YEARS, ATTENDANT CUM DRIVER, TALIPARAMBA TEMPLE OFFICE RESIDING AT LAKSHAM VEEDU, PUZHAKKULANGARA, TALIPARAMBA, KANNUR DISTRICT. 14. D.JANARDHANAN, AGED 39 YEARS, HELPER OF COOK/SUPPLIER, TALIPARAMBA TEMPLE, RESIDING AT PANANGATTOOR, P.O,KUTTIYERI, TALIPARAMBA, KANNUR DISTRICT. 15. C.V.GANGADHARA VARIER, S/O.KESAVAN NAMBOOTHIRI, AGED 51 YEARS, ASSISTANT COOK, TALIPARAMBA TEMPLE, RESIDING NEAR SREE RAJARAJESWARA TEMPLE, TALIPARAMBA, KANNUR DISTRICT 16. A.V.PADMANABHA MARAR, AGED 55 YEARS, 'VADYAM'CUM MIC OPERATOR, KANHIRANGAD TEMPLE, KANHIRANGAD P.O., KARIMBAM, TALIPARAMBA, KANNUR DIST. 17. A.K.KRISHNA PRASAD, AGED 47 YEARS, WATCHMAN, KANHIRANGAD TEMPLE, KANHIRANGAD P.O., KARIMBAM, TALIPARAMBA, KANNUR DISTRICT. 18. A.K.P.VINOD, AGED 32 YEARS, PACHENI, WORKING AS GUEST HOUSE ATTENDANT, TALIPARAMBA TEMPLE, RESIDING AT THIRUVATTOOR P.O. PARIYARAM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN WP(C).No. 20256 of 2008 -3- RESPONDENTS: ------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, (ADMINISTRATION)DEPARTMENT, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MANAGING COMMITTEE, SREE T.T.K.DEVASWOM, REPRESENTED BY THE PRESIDENT, SREE T.T.K.DEVASWOM TALIPARAMBA, KANNUR DISTRICT. 4. SREE T.T.K.DEVASWOM, TALIPARAMBA, REPRESENTED BY THE EXECUTIVE OFFICER, SREE T.T.K.DEVASWOM TALIPARAMBA, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20256/2008 -------------------- Dated this the 7th day of July, 2008 JUDGMENT Petitioner challenges Ext.P24 order passed by the first respondent, the Commissioner, on several grounds. I would have been inclined to entertain the challenge against Ext.P24, but for the fact that the petitioners have a remedy before the Government under Section 99 of the H.R & C.E Act. Learned counsel for the petitioners, Mr.R.Surendran submits that the power, conferred on the Government under Section 99 of the Act, can be exercised only suo motu. But it is trite that in such circumstances, the power could be exercised even on application as well. 2. In the result, writ petition is disposed of permitting the petitioners to file a revision before the Government against Ext.P24 order, under Section 99 of the Act. If it is filed within one month from today, it shall be entertained on merits and appropriate orders passed by the Government, after hearing the affected parties. To enable the petitioners to do so, further proceedings pursuant to W.P.(C).20256/2008 2 Ext.P24 shall be kept in abeyance for a period of one month. It is further made clear that if the revision as above mentioned, is preferred within the time frame permitted above, revision shall be disposed of within four months thereafter. Copy of the writ petition along with the copy of the judgment shall also be produced before the Government. V.GIRI, Judge mrcs