IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 8176 of 2009(N) ------------------------- PETITIONER(S): --------------- K.N. THYAGARAJAN, PRESIDENT, KOLLENGODE PERUMAL KOVIL GRAMAM BRAHMANA JANA SAMOOHAM, PERUMAL KOVIL VILLAGE, KOLLENGODE, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, KOZHIKODE. 2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------- W.P.(C) NO.8176 of 2009 ----------------------------------- DATED:MARCH 13, 2009. JUDGMENT Raman, J. Ext.P1 is under challenge. That is a notice issued by the Malabar Devaswom Board calling for applications from eligible persons for being appointed as trustees in the Perumal Kovil Temple Committee. As per clause (2) of Ext.P1 order, the administration will vest in the committee of five persons appointed by the appropriate authority under the Act from among the villagers of Perumal Kovil village who should be free from disqualification as mentioned in sec.45 of the H.R. & C.E. Act. The majority of the villagers shall within two moths from the date of coming into force of the scheme elect five persons. That is being done from time to time. When vacancies arose on the expiry of the term of the previous committee by Ext.P3 proceedings, election was conducted and five persons were elected. However, there arose a dispute regarding the W.P.(C) NO.8176 of 2009 :2: manner in which election was conducted and this dispute was referred to Adalath. It appears that no unanimous decision could be reached before the Adalath, so the Board is proceeding to fill up the posts by selection after inviting application as evidenced by Ext.P7. It is contended by the learned counsel appearing for the petitioner that this procedure is contrary to Ext.P1. Further, the matter could not have been referred to the Adalath as there is no pending dispute before before any civil court. 2. Heard the learned Government Pleader as also the Senior Counsel Sri Chidambaresh appearing for the petitioner along with the instructing counsel. 3. So long as no decision is reached by the Adalath, it is unnecessary to consider whether the Adalath has jurisdiction or not. But the reason for calling for applications as evidenced by Ext.P7 is that no unanimous decision is reached before the Adalath. Going by Ext.P1, the manner of filling up the vacancy is by way of election. In the case of a contest, candidates securing majority will stand elected. If at all Ext.P3 is not acceptable for any valid reason, the only alternative is to conduct a W.P.(C) NO.8176 of 2009 :3: fresh election on an appointed day after due publication of the same by the officer duly appointed for this purpose. 4. In the circumstances, we direct that all applications received pursuant to Ext.P7 and any further application that may be received hereinafter, will be considered as candidates for the election from whom, based on the majority decision, five persons shall be elected by the villagers. If any of them are found to be disqualified, in which event the officer may, after necessary scrutiny of the application, can reject such application by giving reasons and from the applications validly received, election be held as stated above. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-