IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 25842 of 2008(B) -------------------------- PETITIONER: ------------------ E.SANKARAN NAMBOODIRI, S/O.RAMAN NAMBOODIRI, AGED 80 YEARS, HEREDITARY TRUSTEE, SREE VISHNUMANGALAM TEMPLE, RESIDING AT ERATTI ILLAM, SANKARNALLOOR, (VIA)KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S): --------------- 1. P.VASUDEVAN NAMBOODIRI, S/O.KESHAVAN NAMBOODIRI, AGED 74 YEARS, HEREDITARY TRUSTEE, TRUSTEE BOARD OF SREE VISHNUMANGALAM TEMPLE, PULLUR VILLAGE, P.O.HARIPURAM, KASARAGOD DISTRICT. 2. DEPUTY COMMISSIONER, HINDU RELEGIOUS AND CHARITABLE ENDOWMENT DEPARTMEN, CIVIL STATION, KOZHIKODE-20. GOVERNMENT PLEADER SRI R.LAKSHMINARAYANAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 25842 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 4TH DAY OF DECEMBER, 2008. J U D G M E N T Raman, J. Petitioner, Sankaran Namboothiri, is a hereditary trustee of Sree Vishnumangalam Temple in Pullur Village in Hosdurg Taluk. First respondent also a hereditary trustee of the said Temple. It is stated that Sree Vishnumangalam Temple is the family temple of the petitioner and the first respondent. Second respondent, the then Deputy Commissioner of the Hindu Religious and Charitable Endowment Department, by virtue of the powers conferred under Section 58(1) of the Act, settled a scheme as per Ext.P1 which was modified subsequently, in O.S. 59/1996 by the Sub Court, Hosdurg and in terms thereof, a decree was passed. Ext.P2 is the copy of the decree passed. That has become final. The period of the Board of trustees expired on 31.12.2004. Two non hereditary trustees and a Chairman are to be elected. The grievance of the petitioner is that so far no Board meeting is convened for the said purpose and hence it is prayed that appropriate direction be issued to the second respondent to take further steps for implementation of Ext.P1 as modified by Ext.P2 scheme and to convene a Board meeting and to elect the Board of Trustees by appointing the two non-hereditary trustees. 2. The respondent has filed a statement wherein it is pointed out that WP(C) 25842/2008 :2: the Manager of the Temple has filed M.F.A. 1077/1998 before this Court and because of the pendency of the same, further steps were not taken and now that M.F.A. 1077/1998 has been dismissed by this Court by judgment dated 23.7.2008 (copy of which is produced as Annexure A) implementation of Ext.P1 as prayed for will be done expeditiously. 3. In the circumstances, there will be a direction to the second respondent to do the needful and if he is not the competent authority he may gave necessary directions to the Assistant Commissioner who, according to the Government Pleader, is the proper authority to take further steps for implementation of Ext.P1 as modified by Ext.P2. Necessary steps shall be taken as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. 4. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the Assistant Commissioner for information and compliance. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-