IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 7612 of 2009(V) ------------------------- PETITIONER: --------------- P.BALAN NAIR,HEREDITARY, TRUSTEE, SREE THALAYANAKADU SIVA TEMPLE, P.O.KADAMBOOR, OTTAPALAM, PALAKKAD. BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: --------------- 1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. SR. GOVT. PLEADER SRI. R. LAKSHMINARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 7612 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner is a hereditary trustee of Sree Thalayanakadu Siva Temple at Kadamboor in Ottapalam Taluk. He seeks to quash Exts.P1 and P2 issued by the second respondent and to consider ExtP3 after affording him an opportunity of being heard. 2. Ext.P1 is a notice issued by the Assistant Commissioner, H.R. & C.E., informing the hereditary trustee that the trustee board has completed its term and it is felt necessary to have the services of non-hereditary trustees continued and his opinion in the matter is sought for. Petitioner has submitted his reply on 29.9.2008, copy of which is produced as Annexure II (c) along with the statement filed by the respondent dated 31.3.2009. In Annexure II (c) petitioner stated that in view of the fact that Malabar Devaswom Board has been constituted, appointment of non hereditary trustee should be in accordance with the provisions contained therein and if there is any technical objection to that, he is prepared to WP(C) 7612/2009 :2: administer the temple as a fit person. Thus, it can be seen that he has not raised any objection in the matter of appointment of non hereditary trustees, but only stated that such appointment shall be made as per the provisions contained in the H.R. & C.E. Act. 3. Ext.P2 letter was issued after considering his letter. This is dated 17.12.2008. As per this letter, petitioner was informed that Malabar Devaswom Board itself is constituted as per the H.R. & C.E. Act and no change is made to the provision regarding the appointment of non hereditary trustees. It is thereafter, that petitioner sent Ext.P3 letter raising new objections namely that this is not a public temple and even challenging the power of appointing the non hereditary trustee by the Assistant Devaswom Commissioner. The question as to whether this is a public temple or not need not be decided in this proceeding. If the petitioner is aggrieved in this regard, he can approach the civil court for a declaration to that effect. It is seen that the appointment of the non hereditary trustee is not made for the first time; but it had been done earlier and it is only after expiry of the term that steps are taken for appointment of a new non hereditary trustee in the place of the trustee whose term has expired. So much so, the appointment of a non hereditary trustee cannot be vindicated in this proceedings. WP(C) 7612/2009 :3: 4. Learned counsel submits that at least he may be given a chance to express his opinion in the matter of appointment of non hereditary trustee. He placed reliance on the decision of this Court in K. Krishnankutty Menon (Kenath Achan) v. The Commissioner, H.R. & C.E. Department in O.P. 23415/2002. This opportunity has already been given to the petitioner as per Ext.P1. No further opportunity need be given. Therefore, the writ petition fails and is dismissed; however, subject to the right of the petitioner to approach the civil court in case he has a contention that it is not a public temple. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-