IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 2810 of 2006(H) ------------------------- PETITIONER: ------------ DIVAKARAN NAIR K., AGED 60 YEARS, S/O. MADHAVAN KIDAVU, KANNOTH HOUSE, EDAKKULAM AMSOM, CHENGOTTUKAVU DESOM, KOYILANDY TALUK. BY ADV. SRI.M.G.ASHOKAN RESPONDENTS: ------------- 1. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. C.V. BALAKRISHNAN, CHERIYAVEETTIL HOUSE, "SAVIDHAM", P.O. EDAKKULAM, KOYILANDY, PIN-673 306. R1 AND R2 BY G.P. SMT. SMITHA BY ADV. SRI.A.AHZAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER COMMUNICATED TO ONE OF THE NON-HEREDITORY TRUSTEES VIDE ORDER NO. A2-551/04 DATED 21.10.2005 EXT.P2 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 28.10.2005 EXT.P3 TRUE COPY OF THE PAGE 2 OF MATHRUBHOOMI DAILY DATED 6.1.2006 EXT.P4 TRUE COPY OF PAGE 2 OF MATHRUBHOOMI DAILY DATED 13.9.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 2810 OF 2006 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. Since the appointment of third respondent as non-hereditary trustee under challenge in this WPC is interfered with by the Commissioner by disqualifying him vide order dated 27.7.2006, petitioner cannot have any grievance. W.P. is accordingly closed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 2