IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 12496 of 2009(F) -------------------------- PETITIONERS: --------------- 1. K.C. VELAYUDHAN NAIR, HEREDITARY TRUSTEE SREE KOTTIYOOR DEVASWOM, P.O. MANNATHANA, KANNUR DIST. 2. K. KUNHIRAMAN, NON-HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, P.O. MANNATHANA, KANNUR DIST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE ADDITIONAL CHIEF SECRETARY (REVENUE) DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM. 2. THITTAYIL BALAN NAIR, CHAIRMAN, TRUSTEE BOARD, SREE KOTTIYOOR DEVASWOM, P.O. MANNATHANA, KANNUR DIST. 3. THE COMMISSIONER OF, MALABAR DEVASWOM BOARD, KOZHIKODE. 4. THE SECRETARY, MALABAR DEVASWOM BOARD, KOZHIKODE. WP(C) 12496/2009 :2: 5. THE EXECUTIVE OFFICER, SREE KOTTIYOOR DEVASWOM, P.O. MANNATHANA, KANNUR DISTRICT. 6. KOLANGARAYATH SANKARAN NAIR, TRUSTEE, SREE KOTTIYOOR SDEVASWOM, P.O. MANNATHANA, KANNUR DIST. 7. AKKAN KARUNAKARAN NAIR, DO..DO. 8. THEKKEDATH MANAKKAL NARAYANAN NAMBOODIRI ACTING NON-HEREDITARY TRUSTEE, SREE KOTTIYOOR DEVASWOM, P.O. MANNATHANA, KANNUR DISTRICT. 9. PAZHASSI KOVILAKATH SANKARA VARMA VALIYARAJA, TRUSTEE, SREE KOTTIYOOR DEVASWOM, P.O. URUVACHAL, KANNUR DIST. 10. U.CHANDRI, ADDITIONAL TAHSILDAR, TRUSTEE, SREE KOTTIYOOR DEVASWOM, TALUK OFFICE, THALASSERY, KANNUR DIST. R10 & R11 BY ADVS. M/S. SMT.PRABHA R.MENON & M.KRISHNAKUMAR R2,6,7,8,9& 13 BY ADV. SRI.K.MOHANAKANNAN R5 BY ADVS. M/S. K.V.PAVITHRAN & JAYANANDAN MADAYI PUTHIYAVEETTIL GOVT. PLEADER SRI. R. LAKSHMINARAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 12496/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN M.F.A. NO. 74 OF 1988 DATED 6.4.1994. EXT.P2 TRUE COPY OF THE DECISIONS OF THE MEETING OF KOTTIYOOR DEVASWOM DATED `11.3.2009. EXT.P3 TRUE COPY OF THE REVISION FILED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 6.4.2009. EXT.P4 TRUE COPY OF THE REVISION FILED BY THE 2ND PETITIONER BEFORE THE FIRST RESPONDENT DATED 20.3.2009. EXT.P5 TRUE COPY OF THE SALE NOTICE OF THE SREE KOTTIYOOR DEVASWOM DATED 31.3.2008. EXT. P6 TRUE COPY OF THE NOTICE DATED 4.4.2009. EXT.P7 TRUE COPY OF THE ORDER OF THE COMMISSIOENR DATED 2.5.1976. EXT.P8 TRUE COPY OF THE ORDER OF THE COMMISSIONER DATED 16.5.1978. EXT.P9 TRUE COPY OF THE ORDER OF THE COMMISSIOER DATED 21.5.2007. EXT.P10 TRUE COPY OF THE LIST OF ARTICLES. EXT.P11 TRUE COPY OF THE REPRESENTATION FILED BY SECOND PETITIONER DATED 21.5.2009. EXT.P12 TRUE COPY OF THE PETITION FILED IN O.S. NO. 150 OF 2009 OF THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P13. TRUE COPY OF THE ORDER DATED 13.6.2009. EXT.P14 PHOTOSTAT COPY OF THE APPLICATION DATED 22.6.2009. WP(C) 12496/2009 :2: RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE RELEVANT PGES OF MINUTES OF THE MEETING HELD ON 11.3.2009. EXT.PR2(b) TRUE COPY OF THE DECISION TAKEN BY THE TRUSTEE BOARD ON 19.5.2004. EXT.R2(c) TRUE COPY OF THE DECISION TAKEN BY THE TRUSTEE BOARD ON 28.10.2004. EXT.R2(d) TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE DEVASWOM BOARD ON 3.8.2004 BEFORE THE HON'BLE MINISTER FOR DEVASWOMS. EXT.R2(e) TRUE COPY OF THE NOTICE PUBLISHED BY THE 1ST PETITIONER ON 15.1.2005. EXT.R2(f) TTRUE COPY OF THE MINUTES OF THE MEETING HELD ON 4.5.2006. EXT.R2(g) TRUE COPY OF THE PROCEEDINGS OF THE DEVASWOM DATED 19.11.2008. EXT.R2(h) TRUE COPY OF THE ORDER ISSUED BY THE DEVASWOM BOARD VIDE NO. J6-1638/08 (D. Dis.) DATED 3.3.2009. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 12496 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 9TH DAY OF JULY, 2009. J U D G M E N T Raman, J. The limited prayer in this writ petition, which is alive for consideration as on today, is for a direction to dispose of Exts.P3 and P4. The respondents have a case that Exts.P3 and P4 may not be maintainable. However, that is a contention which can be considered by the first respondent. In the result, we direct the first respondent to consider and dispose of exts.P3 and P4 including all objections that may be raised by the other respondents as expeditiously as possible, at any rate, within a period of six months from today. The writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-