IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5842 of 2008(U) ------------------------- PETITIONER: ------------ 1. KIZHAKUMPATTU VINOD S/O.GOPALAN NAIR, VETTAM P.O. TIRUR TALUK, MALAPPURAM DISTRICT 2. THYVALAPPIL VINOD S/O. NARAYANAN NAIR,VETTAM P.O. TIRUR TALUK, MALAPPURAM DISTRICT BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT (DEVASWOM) SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, KOZHIKODE -20. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATIVE)DEPARTMENT,MALAPPURAM, OFFICE AT TIRUR. 4. THE EXECUTIVE OFFICER VEMANNA DEVASWOM VATTAM (PO) TIRUR TALUK MALAPPURAM DISTRICT. 5. THE TRUSTEE BOARD, VEMANNA DEVASWOM VETTAM (PO) TIRUR, MALAPPURAM DISTRICT REPRESENTED BY ITS CHAIRMAN SHRI.SUSHEED KUMAR WP(C).No. 5842 of 2008(U) 2 6. THE AREA COMMITTEE, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, MINI CIVIL STATION, TIRUR MALAPPURAM DISTRICT REPRESENTED BY ITS CHAIRMAN. 7. THEKKEPATTU PURUSHOTHAMAN S/O. DAMODARAN NAMBEESAN THEKKEPATTU HOUSE, VETTAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT. 8. K.SUSHEED KUMAR,S/O.ARUMUGHAN KOYAPAYYIL HOUSE, VETTAM P.O. TIRUR, MALAPPURAM DISTRICT. 9. K.UNNIKRISHNAN,S/O.GOPALAN NAIR KIZHAKKUMPATTU VETTAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT. 10. P.BABURAJ, S/O.CHATHAPPAN PANAKOTH HOUSE, VETTAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ ============================= W.P.(C) No. 5842 of 2008 =============================== Dated this the 19th day of February, 2008 JUDGMENT P.R.RAMAN,J Petitioners are the applicants for the post of non-hereditary Trustees in the Vemanna Devaswom, Tirur Taluk, Malappuram District. They submitted their application pursuant to the notice inviting applications for appointment of non-hereditary Trustees by the Assistant Commissioner by invoking the power under Sections 39 and 41 of HR & CE Act. Respondents 7 and 8, are the President and Secretary and respondents 9 and 10 are stated to be the members of the Kshethra Samrakshana Samithi. The earlier trustees had completed their terms pursuant to which steps were taken to constitute a new board. However, the petitioners were not appointed, instead respondents 7 to 10 were appointed. Challenging their appointments the petitioners preferred a statutory revision before the Commissioner and that is still pending. Along with the revision petitioners also sought for a stay of proceedings for appointment of respondents 7 to W.P.(C).No.5842/2008 2 10. In Ext.P6 order in I.A.No.2/2008 the Commissioner has stated that decision was taken by the Area Committee on 29.01.2008 and it is not known whether order appointing Trustees has been issued. He called for the records of the Assistant Commissioner, Malappuram and adjourned the I.A for final hearing to 23.2.2008. When the matter was thus pending before the Commissioner, the Assistant Commissioner, by his order dated 11.2.2008 issued order of appointment to respondents 7 to 10. At the same time the Commissioner has not passed any final orders on the revision petition. 2. The learned counsel appearing for the petitioner fairly submitted that pursuant to Ext.P7 order respondent Nos.7 to 10 had taken charge. 3. We have heard the learned Government Pleader appearing on behalf of the Official respondents . In the view we are taking, it is not necessary to issue notice to other respondents in the writ petition. In the facts and circumstances, we direct the second respondent Commissioner to dispose of the revision Ext.P5 as expeditiously as possible, at any rate, within a W.P.(C).No.5842/2008 3 period of one month from the date of receipt of a copy of this judgment. The Assistant Commissioner shall direct respondents 7 to 10 not to take any policy decision in the matter until a final decision is taken in the revision petition filed by the petitioners before the Commissioner. A copy of this judgment shall be served on the Assistant Commissioner, the 4th respondent and also on the Commissioner for information and compliance. The writ petition is disposed of as above. P.R.RAMAN,JUDGE V.K.MOHANAN,JUDGE dvs