IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35233 of 2008(T) ------------------------------------ PETITIONER(S): ------------------------ 1. BRAHMASHREE THANTRI KAKKAD VASUDEVAN NAMBOODIRI, AGED 68, S/O.NARAYANAN NAMBOODIRI, KAKKAD ILLAM, AVIDANELLUR P.O. BALUSSERY, KOZHIKODE. 2. SRI.DAYANANDAN NAMBOODIRI, AGED 39 S/O.BRHMASREE THANTRI KAKKAD VASUDEVAN NAMBOODIRI, KAKKAD ILLAM, AVIDANELLUR P.O. BALUSSERY, KOZHIKODE. 3. SRI.UNNKRISHNAN NAIR K.C., AGED 46, S/O.DAMODARAN NAIR, PONOOR HOUSE, AVIDANELLUR, BALUSSERY, KOZHIKODE. 4. SRI.U.K.BALAN, AGED 54, S/O.COCHIKUTTY, PONNANGOTH HOUSE, AVIDANELLUR, BALUSSERY, KOZHIKODE. BY ADV. SRI.SAJITH KUMAR KANGHINGHAT SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): ----------------------- 1. CHAIRMAN, KOZHIKODE AREA COMMITTEE, OFFICE OF THE CHAIRMAN FOR KOZHIKODE AREA COMMITTEE, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, KOZHIKODE. 2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE MALABAR DEVASWOM BOARD, KOZHIKODE. W.P.(C) NO.35233/2008 3. TRUSTEE BOARD CHAIRMAN, AVIDANELLUR LAKSHMI NARAYANA TEMPLE, AVIDANELLUR, KOZHIKODE. 4. SRI.P.M.NIDEESH, S/O.NARAYANA KURUP, PVAYI HOUSE, AVIDANELLUR, KOZHIKODE. 5. SRI.DILEEP K., S/O.APPU NAIR, MEYKKAL HOUSE, AVIDANELLUR, KOZHIKODE. 6. SRI.C.PRAKASAN, S/O.KELU CHETTIAR, PANDIYANKANDI HOUSE, AVIDANELLUR, KOZHIKODE. 7. SRI.RAVI KUTTIKANDI, S/O.DAMODARAN NAIR 'AISHWARYA', AVIDANELLUR, KOZHIKODE. 8. SRI.R.RAVEENDRAN, S/O.KUNJIKRISHNAN ADIYODI, CHOLAKKAL HOUSE, AVIDANELLUR, KOZHIKODE. 9. N.SURESH BABU, NADUNILAYIL HOUSE, AVIDANELLUR, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35233 of 2008-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2008. JUDGMENT Raman, J. The petitioners are aggrieved by Ext.P4 order passed as early as on 17.9.2008 appointing non-hereditary trustees, five in number whose names are contained in the said order. According to the petitioners, petitioners 2 to 4 were earlier agreed to be appointed as per a proceedings of the Area Committee, but a sudden change is made by Ext.P4 order and that too, without notice. To substantiate their contention that such consensus was reached to appoint petitioners 2 to 4, the petitioners have produced Ext.P5. Ext.P5, on the other hand, would show that S/Shri Dilip K., P.M. Nidheesh, C. Prakasan, Ravi Kuttikandy and C. Raveendran are those persons who have been appointed as non-hereditary trustees. The very same persons are appointed as per Ext.P4. If there is any better evidence for the petitioners, it is open to them to produce the same and seek the statutory remedies available to them under law by filing representation or revision petition before the Commissioner. Due to lack of materials placed on record, we are unable to grant any relief exercising the discretionary remedy under Article WPC 35233/2008 -2- 226 of the Constitution of India. However, this will not stand in the way of the petitioners taking recourse to the statutory remedy. The writ petition is dismissed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/