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. 30999 of 2008(M) -------------------------- PETITIONER(S): --------------- SRI.PARASSINIKKADAVU SREE MADAPPURA MUTHAPPAN SANTHANAM, REPRESENTED BY P.M.BHASKARAN MADAYAN (CHIEF PRIEST), HEREDITORY TRUSTEE AND GENERAL MANAGER, RESIDING IN PARASSINI MADAPPURA, PARASSINIKKADAVU, KANNUR. PETITIONER SUBSTITUTED. P.M. MUKUNDAN, S/O. KANNAN, AGED 81 YEARS, RESIDING IN ATHOOR AMSOM AND DESOM, PARASSINIKKADAVU IN KANNUR DISTRICT. THE ABOVE PERSON IS SUBTITUTED AS PETITIONER AS PER ORDER DTD.15.1.2009 IN I.A. 46 OF 2009. BY ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): ------------------------ 1. THE COMMISSIONER, HR & CE (ADMN) DEPARTMENT, KOZHIKODE-20. 2. DEPUTY COMMISSIONER, HR & CE (ADMN) DEPARTMENT, KOZHIKODE-20. 3. SRI.V.V.RATHEESAN, DEPUTY COMMISSIONER (ADMN) HR & CE (ADMN)DEPARTMENT, KOZHIKODE-20. 4. THE ASST.COMMISSIONER (ADMN), KASARAGOD. 5. THE PRESIDENT, PARASSINIKKADAVU SREE MUTHAPPAN SEVA SANGAM. ADDL. R6 IMPLEADED AS PER ORDER DTD.10.11.08 IN I.A.14292/08. ADDL. 6. PARASSINIKKADAVU SREE MUTHAPPAN SEVA SANGAM, P.O. PARASSINIKADAVU, KANNUR DISTRICT, REPRESENTED BY SECRETARY O.V. PREMKUMAR. ADDL. R7 IMPLEADED AS PER ORDER DTD.17.11.08 IN I.A.14671/08. ADDL.R7. THE SECRETARY, MALABAR DEVASWOM BOARD, CIVIL STATION, KOZHIKODE – 20. ADDL.R8 IMPLEADED AS PER ORDER DTD. 27.11.08 IN I.A.15241/08. ADDL. R8. PARASSINIKADAVY SRI MUTHAPPA SEVA SANGHAM, PALLIKKUNNU AMSOM AND DESOM, KANNUR DISTRICT REPRESENTED BY ITS PRESIDENT K.V. KRISHNAN NAIR. ADV. SRI.T.K.VIPINDAS FOR ADDL.R6 SRI.M.RAMESH CHANDER FOR ADD.R8 SRI.PRATHEESH.P FOR R7 SRI.K.T.SHYAM KUMAR(ADV.COMMISSIONER) BY SR. GOVERNMENT PLEADER SRI. R.LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 30999/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE JUDGMENT DATED 4.9.2008. EXT. P2 : TRUE COPY OF THE ORDER DATED 29.9.2008. EXT. P3 : TRUE COPYOF THE NOTICE DATED 27.9.2008. ANNEXURE A : TRUE COPY OF THE COIWAR REGISTER IN MOOLABANDARA-1 DATED 20.11.2008. ANNEXURE A2 : TRUE COPY OF THE COINWAR REGISTER IN MOOLABANDARAM-2 DATED 22.11.2008. ANNEXURE B : TRUE COPY OF THE RECEIPT RECEIVED FROM THE BANK 21.11.2008. ANNEXURE C : TRUE COPY OF THE ORDER IN O.A. 35/2005 OF DEPUTY COMMISSIONER HR & CE DEPARTMENT, KOZHIKODE DATED27.12.2006. EXT. X : TRUE COPY OF THE PAPER CUTTING. EXT. X1 : TRUE COPY OF THE NOTICE DATED 20.11.2008. EXT. X2 : TRUE COPY OF THE NOTICE DATED 24.11.2008. ANNEXURES PRODUCED BY ADVOCATE COMMISSIONER ON 10.12.2008. ANNEXURE 1 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.1 RECEIVED ON 29.11.2008. ANNEXURE 2 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 3 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.2 RECEIVED ON 29.11.2008. ANNEXURE 4 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 5 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN MOOLABHANDARAM NO.1 RECEIVED ON 2.12.2008. ANNEXURE 6 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 7 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN MOOLABHANDARAM NO.2 RECEIVED ON 2.12.2008. ANNEXURE 8 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 9 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.7 RECEIVED ON 2.12.2008. ANNEXURE 10 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 11 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.6 RECEIVED ON 2.12.2008. ANNEXURE 12 : COPY OF THE BANK RECEIPT FOR THE AMOUNT. ANNEXURE 13 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.3 RECEIVED ON 6.12.2008. ANNEXURE 14 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.4 RECEIVED ON 6.12.2008. ANNEXURES 15, 16 & 17 : COPY OF THE HUNDI REGISTER RCORDING THE PROCEEDS IN BHANDARAM NOS.5,6 AND 7 RECEIVED ON 6.12.2008. ANNEXURE 18 : COPY OF THE RECEIPT ISSUED BY THE BANK FOR THE SAID AMOUNT. ANNEXURE 19 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO.1 RECEIVED ON 6.12.2008. ANNEXURE 20 : COPY OF THE HUNDI REGISTER RECORDING THE PROCEEDS IN BHANDARAM NO. 2 RECEIVED ON 6.12.2008. ANNEXURE 21 : COPY OF THE RECEIPT ISSUED BY THE BANK FOR THE SAID AMOUNT. ANNEXURES PRODUCED BY THE ADV.COMMISSIONER ON 12.1.2009. ANNEXURE 1 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURRE 2 : COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 3 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 4 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 5 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 6 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 7 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 8 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 9 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 10 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 11 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 12 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 13 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.6. ANNEXURE 14 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 15 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.7. ANNEXURE 16 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURES PRODUCED BY THE ADV. COMMISSIONER ON 30.3.2009. ANNEXURE 1 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURRE 2 : COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 3 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 4 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 5 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 6 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 7 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.3. ANNEXURE 8 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 9 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.2. ANNEXURE 10 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 11 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 12 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 13 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 14 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 15 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 16 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.7. ANNEXURE 17 :COPY OF THE RECEIPT ISSUED BY THE MORAZHA KALLIASSERI SERVICE CO-OPERATIVE RURAL BANK LTD. FOR THE SAID AMOUNT. ANNEXURE 18 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 19 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 20 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 21 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 22 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 23 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 24 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.4. ANNEXURE 25 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 26 : COPY OF THE HUNDIAL REGISTER MAINTAINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 27 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 28 : COPY OF THE HUNDIAL REGISTER MAINTAINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 29 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 30 : COPY OF THE HUNDIAL REGISTER MAINTAINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 31 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 32 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.6. ANNEXURE 33 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 34 : COPY OF THE HUNDIAL REGISTER MAINTAINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1 ANNEXURE 35 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 36 : COPY OF THE HUNDIAL REGISTER MAINTAINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2 ANNEXURE 37 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 38 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 39 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 40 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.3. ANNEXURE 41 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 42 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.1. ANNEXURE 43 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 44 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NO.2. ANNEXURE 45 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 46 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.1. ANNEXURE 47 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 48 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.2. ANNEXURE 49 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 50 : COPY OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM BHANDARAM NO.7. ANNEXURE 51 :COPY OF THE RECEIPT ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURES PRODUCED BY THE ADV. COMMISSIONER ON 08.07.2009. ANNEXURE 1 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NOS.1 AND 2 AND BHANDARAM NOS.1 AND 5. ANNEXURRE 2 : COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNTS. ANNEXURE 3 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NOS.1 AND 2 AND BHANDARAM NOS.1 AND 7. ANNEXURE 4 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNTS. ANNEXURE 5 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NOS.1 AND 2 AND BANDARAM NOS. 1 AND 6. ANNEXURE 6 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 7 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLA BHANDARAM NO.1 AND 2 AND BANDARAM NOS. 1 AND 2. ANNEXURE 8 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNTS. ANNEXURE 9 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NOS.1 AND 2 AND BANDARAM NOS.1 AND 3. ANNEXURE 10 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNTS. ANNEXURE 11 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABHANDARAM NOS.1 AND 2 AND BANDARAM NOS.1,4, 5 & 7. ANNEXURE 12 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. ANNEXURE 13 : COPIES OF THE HUNDIAL REGISTER MAINTINED BY THE TEMPLE SHOWING THE DENOMINATION OF THE PROCEEDS RECEIVED FROM MOOLABANDARAM NOS.1 AND 2 AND BHANDARAM NOS.1, 2 AND 6. ANNEXURE 14 :COPY OF THE RECEIPTS ISSUED BY THE PAPPINISSERY CO- OPERATIVE RURAL BANK LTD. NO.F 1321 FOR THE SAID AMOUNT. RESPONDENTS' EXTS: EXT. R3 A : COPY OF THE REPORT OF SPECIAL OFFICER DATD 21.11.2008. EXT. R3 B : COPY OF FIR NO.923/08 DATED 23.11.2008 OF TALIPARAMBA POLICE STATION. EXT. R3C : COPY OF THE COMPLAINT DATED 7.12.2008 MADE BEFORE THE TALIPARAMBA POLICE STATION. EXT. R3 D : COPY OF THE REPORT OF THE SPECIAL OFFICER DATD 22.11.2008. EXT. R3 E : COPY OF THE COMPLAINT DTAED 3.12.2008 MADE BEFORE THE TLIPARAMBA POLICE STATION. EXT. R3 F : COPY OF THE REPORT DATED 16.10.2008 OF THE SPECIAL OFFICER. EXT. R3G : COPY OF THE REPORT DATED 7.11.2008 OF THE SPECIAL OFFICER. EXT. R3 H : COPY OF THE REPORT DATED 13.11.2008 OF THE SPECIAL OFFICER. EXT. R3 I : COPY OF THE REPEORT DATED 27.11.2008 OF THE SPECIAL OFFICER. EXT. R3 J : COPY OF THE REPORT DATED 11.12.2008 OF THE SPECIAL OFFICER. P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30999 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2009. JUDGMENT Raman, J, The writ petitioner challenges Ext.P2 order issued by the Commissioner, H.R. & C.E. appointing a Special Officer to the Parassinikkadavu Sree Muthappan temple. The main contention is that no opportunity as such was given to the petitioner and the three families to put forth their contentions as regards the appointment of Special Officer or the powers to be vested on him. A Division Bench of this Court in Ext.P1 having declared that the Commissioner may, if it deems fit, constitute a committee consisting of Madayan, representatives of three families and representatives from devotees and departmental officers and other responsible persons of the locality for overseeing the management of the temple in a fair and reasonable manner and for counting of Hundi collections in the presence of representatives. So we do not think that the action taken by the Commissioner in taking steps in compliance of the judgment could again be re-agitated in this court, However, during the course of the argument the objection WPC.30999/2008. 2 was seen to be against the Special Officer then appointed and by an interim order until final consideration of the matter we have made certain interim arrangements by appointing an Advocate Commissioner. During the pendency of this writ petition, the then Officer has been replaced by a new person, and he is continuing in the office without giving room for any complaint from any quarters so far. In such circumstances, we do not think that anything survives for consideration. The writ petition is closed. The Commissioner has filed his report. The same is recorded. Towards the balance remuneration payable to him, Rs.20,000/- shall be paid to him from out of the fund as herein before paid. Here after the Hundis will be opened, collection recorded and remittance made under the supervision of the Special Officer. P.R. Raman, Judge P. Bhavadasan, Judge sb.