IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 24678 of 2010(H) ------------------------ PETITIONER : --------------- T.P.NARAYANAN NAMBOOTHIRI, PRESIDENT, T.T.K.DEVASWOM, MANAGING COMMITTEE TALIPARAMBA, 670141, KANNUR DISTRICT. BY ADVS. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): ----------------------- 1. THE COMMISSIONR MALABAR DEVASWOM BAORD, KOZHIKODE. 2. M.P.KUBERAN NAMBOOTHIRI, EXECUTIVE OFFICER, T.T.K.DEVASWOM, TALIPARAMBA 670141, KANNUR DISTRICT. R1 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R2 BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.JACOB SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, ALONG WITH WP(C) NO. 29153/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24678 of 2010(H) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SCHEME OF MANAGEMENT SETTLED BY THE SUB COURT, PAYYANNUR EXT.P2: COPY OF THE ORDER DATED 26-3-2004 IN O.P.NO.631/1990. EXT.P3: COPY OF THE SHOW CAUSE NOTICE DATED 24-5-2010. EXT.P4: COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DATED 26-5-2010. EXT.P5: COPY OF THE REPORT OF THE MELSANTHI DATED 9-6-2010. EXT.P6: COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER OF STAY GRANTED BY THE 1ST RESPONDENT ON 14-6-2010. EXT.P8: COPY OF ACCOUNTS DATED 10/7/2008 SUBMITTED BY EXECUTIVE OFFICER. EXT.P8A: PHOTO OF HUNDI EXT.P8B: COPY OF ENTRY IN PAGE.47 OF CASH BOOK. EXT.P8C: COPY OF ENTRY IN RELEVANT PAGE OF LEDGER 2008. EXT.P8D: COPY OF PETITION DATED 30.8.2010. RESPONDENT'S EXHIBITS : EXT.R2(a): COPY OF THE CHARGE LIST DATED 19/10/2007. EXT.R2(b): COPY OF THE CHARGE LIST DATED 9/5/2008. EXT.R2(c): COPY OF THE CHARGE LIST DATED 20/2/2009. EXT.R2(d): COPY OF THE CHARGE LIST DATED 9/5/2008 IN RESPECT OF KANJIRANGADU SRI. VAIDHYANATHA TEMPLE. EXT.R2(e): COPY OF THE JUDGMENT DATED 18/9/2009 IN WP(C)1697/2009. EXT.R2(f): COPY OF THE JUDGMENT DATED 3/3/2010 IN WA.NO. 2150/2009. EXT.R2(g): COPY OF THE ORDER OF SUSPENSION DATED 13/8/2010 ISSUED BY THE PETITIONER. EXT.R2(h): COPY OF THE APPEAL PREFERRED BY THIS RESPONDENT AGAINST EXT.R2(g). //TRUE COPY// P.S. TO JUDGE Mn Mn THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). Nos. 24678 & 29153 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, Learned counsel appearing for the parties on all sides concur in stating that Ext.R2(h) appeal produced in W.P.(C) 24678 of 2010 could be directed to be disposed of in accordance with law and that would end the litigation in hand, atleast for the time being. Hence, it is ordered that the said appeal shall be taken up, considered and disposed of by the competent statutory authority at the earliest. We clarify that we have not expressed anything on the merits of the matter. We also notice that the petitioner in W.P.(C) No.29153 of 2010 has stated that he is withdrawing the appeal filed by him before the Commissioner challenging the show cause notice issued against him. The writ petitions are ordered accordingly. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.