IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 3858 of 2011(F) ------------------------- PETITIONER(S): --------------- P.HARIDASAN, S/O.KUNHIKRISHNAN NAMBIAR, AGED 48 YEARS, WORKING AS SALESMAN, RESIDING AT `HARITHA', ILLAMBHAGAM, P.O.MATTANNUR, PIN-670 702, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- 1. THE MALABAR DEVASWOM BOARD, KOZHIKODE REPRESENTED BY THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE, PIN-673 001. 2. THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE, PIN-673 001. 3. SREE MAHADEVA KSHETHRA SAMITHI,MATTANNUR REPRESENTED BY ITS PRESIDENT, SRI.C.M.BALAKRISHNAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR, AGED 82 YEARS, RETIRED TEACHER, RESIDING AT MM-VII/719,MATTANNUR MUNICIPALITY, P.O.MATTANNUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670 702. 4. MATTANNUR SREE MAHADEVA EDUCATIONAL TRUST (REGD.NO.45 OF 45/2001) REP. BY ITS MANAGING TRUSTEE SRI.C.M.BALAKRISHNAN NAMBIAR,S/O. KUNHIRAMAN NAMBIAR, AGED 82 YEARS, RETIRED TEACHER RESIDING AT MM-VII/719, MATTANNUR MUNICIPALITY, P.O.MATTANNUR, THALASSERY TALUK, KANNUR DT-670 702 WPC3858/11 - 2 - 5. SRI.P.K.HARIDASAN, S/O.KUNHIRAMAN NAMBIAR, AGED 45 YEARS, BUSINESS, DOOR NO.KLP VI/214, KEEZHALLUR, P.O.KARA PERAVOOR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670 702. 6. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1 & 2 GOVT.PLEADER SRI.R.LAKSHMI NARAYANAN FOR R6. THIS WRIT PETITION (CIVIL) HAVINGCOME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3858 of 2011-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. Heard the learned counsel for the petitioner, the learned standing counsel for the MDB and the learned Government Pleader for 6th respondent. Notice to respondents 3 to 5 dispensed with preserving their right to seek rehearing of this matter, if aggrieved by the directions being issued hereunder. This matter relates to Mattannur Sree Mahadeva Temple. According to the petitioner, O.A.18/2007 was decided by the Deputy Commissioner of Malabar Devaswom Board proceeding to treat the temple as a public one. He states that an appeal was filed against that order. If any appeal is pending without any order of stay and if the petitioner, though not a party to those proceedings, is WPC3858/11 -: 2 :- desirous of having further proceedings on the basis of the order impugned in that appeal, it is for him to move the forum where that appeal is pending and seek appropriate directions after obtaining an order of impleadment. We say this because, otherwise the matter can end up in conflict of decisions. It is suggested, though not firmly, that the said appeal has been dismissed by this time. If that were so, the Board authorities will have to take further action on the basis of the order dated 7.7.2010 in O.A.18/2007. That has to be done in an expeditious manner, having regard to the purpose of declaring a temple as a public temple and notifying it accordingly. The writ petition is ordered without prejudice to the contentions of the petitioner in such other jurisdictions. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1702