IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 20571 of 2009(N) --------------------------------------- PETITIONER(S): --------------------- CHANDRAN M.A., AGED 48 YEARS, S/O.K.S.NAIR, MENATH ATTAYIL, PATTITHARA P.O., ALOOR DESOM, THRITHALA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.P.SUDHEER, SMT.P.JAYALAKSHMI. RESPONDENT(S): -------------------------- 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, TIRUR, MALAPPURAM. 3. G. ANIL, MANAGER, SREE PADINJAREMADAM DEVASWOM, PATTAMBI, PALAKKAD DISTRICT. R1 & R2 BY ADV. SRI.K.MOHANAKANNAN,SC, MALABAR DEVASWOM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2010, ALONG WITH WPC NO. 22011 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20571 of 2009(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORER NO.A1-2416/2007 DATED 01/02/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE LETTER ISSUED BY SRI.PARTHASARATHI TO SRI.RAMANARAYANA MENON DATED 02/02/2008. EXT.P3: COPY OF THE LETTER DATED 27/06/2009 NO.A3-3148/08/MDB BY THE 2ND RESPONDENT, RECEIVED BY THE PETITIONER ON 08/07/2009. EXT.P4: COPY OF THE INTERIM ORDER GRANTED BY THIS HONOURABLE COURT DATED 08/02/2008 IN WP(C) NO. 4706/2008. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE PETITION DATED 15/10/2009 SUBMITTED BY K.C. HARIDAS BEFORE THE INSPECTOR, HR & CE DEPARTMENT. EXT.R1(b): COPY OF THE PETITION DATED 16/10/2009 FROM THE PETITIONER TO THE PRESIDENT, MALABAR DEVASWOM BOARD. EXT.R1(c): COPY OF THE LETTER DATED 02/07/2009 FROM PARAMESWARA MENON AND ANOTHER TO THE ASST. COMMISSIONER, MALABAR DEVASWOM BOARD. EXT.R1(d): COPY OF THE JUDGMENT DATED 12/11/2009 IN WP(C) NO. 4706/2008 OF THIS HONOURABLE COURT. //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C).Nos.20571/2009-N & 22011/2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of November, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.Sree Chamundikavu Kshethram, Alur is a temple managed by hereditary trustees. Ext.P3 in WP(C). 20571/2009 shows that S/Shri.Parameswara Menon, Raman Nair and Chandran are the hereditary trustees now in office. It appears that Parameswara Menon and Raman Nair represented to the MDB that they do not desire to continue as hereditary trustees. It also appears that there were complaints by the devotees to the MDB regarding mismanagement of the affairs of the temple. It was in this context that the Assistant Commissioner of MDB issued Ext.P3 in WP(C). 20571/2009 to the Manager of Sree Padinhare Madham Devaswom to take over all records, WPC20571 & 22011/09 -: 2 :- registers and charge from the hereditary trustees. This is impugned in WP(C).20571/2009. 2.The aforesaid Raman Nair and Parameswara Menon have filed WP(C).22011/2009 seeking that directions be issued in furtherance of the afore- noted communication by the Assistant Commissioner. They also point out that the Manager of Sree Padinhare Madham Devaswom, acting on the aforesaid direction of the Assistant Commissioner, had issued a further communication to the hereditary trustees to hand over charge. Ext.P5 in WP(C).22011/2009 is produced to evidence it. 3.The aforesaid factors show that devotees had complained about the alleged mismanagement of the affairs of the temple in question. The two among the hereditary trustees desire not to continue as hereditary trustees. The other hereditary trustee, namely, Chandran, who is the petitioner in WP(C).20571/2009, challenges the direction of WPC20571 & 22011/09 -: 3 :- the Assistant Commissioner to take charge of the affairs even denuding Chandran from the office of hereditary trustee. 4.Along with the counter affidavit in WP(C). 20571/2009, Ext.R1(b) dated 16.1.2009 is produced. It is a communication issued by Chandran to the President of the MDB stating that pursuant to the discussions that were had between the Board officials and the trustees, a consensus has been arrived taking into consideration the needs of the temple and that a five member trustee board could be constituted under his leadership. This, obviously, means that Chandran has no objection to the inclusion of four non- hereditary trustees, if he continues as the hereditary trustee and heads the Board of Trustees which will administer the temple. Recording the aforesaid facts, it is ordered that the MDB authorities and the petitioner in WP(C). 20571/2009 will abide by what is recorded above WPC20571 & 22011/09 -: 4 :- in terms of Ext.R1(b) in the said writ petition. The petitioners in WP(C).22011/2009, having expressed their desire not to continue as hereditary trustees, would be discharged of all their duties and responsibilities in that regard. Writ petitions ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1111