IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 1315 of 2004(F) ------------------------- PETITIONER: ------------ 1. M.BRAHMADATHAN NAMBOODIRI, SON OF NARAYANAN NAMBOODIRI, MOZHIKUNNATH MANA P.O..NHANGATTIRI, PAATAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT..NON HEREDITARY TRUSTEE AND FORMER MANGING TRUSTEE, SRI.NHANGATTIRI BHAGAVATHI DEVASWOM, PALAKKAD DISTRICT. 2. H.NARAYANAN, SON OF N.P.ACHUTHA PISHARODY, NON HEREDITARY TRUSTEE SRI.NHANGATTIRI BHAGAVATHI DEVASWOM, P.O.NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.R.RAJESH KORMATH SMT.MEENA.A. SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA RESPONDENTS: ------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMINISTYRATION) DEPARTMENT, KOZHIKODE. 2. THE DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 3. THE AREA COMMITTEE REPRESENTED BY ITS CHAIRMAN, THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMINISTRATION) DEPARTMENT, MALAPPURAM, AT TIRUR, MALAPPURAM DISTRICT. 4. P.K.BALAKRISHNAN, THE EXECUTIVE OFFICER, SRI.NHANGATTIRI BHAGAVATHI DEVASWOM, P.O.NHANGATTIRI, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. 5. M.NARAYANAN MOOSAD, HEREDITARY TRUSTEE, SRI.NHANGATTIRI BHAGAVATHI DEVASWOM, RESIDING AT MAYARUKARA ILLOM, P.O.RANDATHANI, KOTTAKKAL VIA, MALAPPURAM DISTRICT. 6. M.P.SURYAKUMARAN MOOSAD, HEREDITARY TRUSTEE, SRI.NHANGATTIRI BHAGAVATHI DEVASWOM, RESIDING AT MAYARUKARA ILLOM, P.O.RANDATHANI, KOTTAKKAL VIA, MALAPPURAM DIST. 7. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT (DEVASWOM), SECREETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER FOR R1TO3&7 SRI.M.RAMESH CHANDER FOR R5,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, ALONG WITH WPC NO. 39297 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 39297/2003) PETITIONER'S EXHIBITS: P1: TRUE COPY OF SCHEME DT.10.3.1937 FRAMED BY THE HINDU RELIGIOUS ENDOWMENT BOARD, MADRAS IN RESPECT OF NHANGATTUR BHAGAVATHI TEMPLE. P2: TRUE COPY OF MINUTES OF THE MEETINGS HELD ON 4.8.2003 AND 24.8.2003 BY THE BOARD OF TRUSTEES OF SRI.NHANGATTIRI BHAGAVATHI DEVASWOM. P3: TRUE COPY OF ORDER DT.6.11.2003 PASSED BY R2. P4: TRUE COPY OF MEMORANDUM OF REVISION DT.12.11.2003 FILED BY FIRST PETITIONER BEFORE R1 AS R.P. NO.30/2003. P5: TRUE COPY OF STAY PETITION DT.12.11.2003 IN I.A. NO.27/2003 IN R.P. NO.30/2003 FILED BY PETITIONER BEFORE R1. P6: TRUE COPY OF REPRESENTATION DT.4.11.2003 FILED BY 1ST PETITIONER BEFORE R2. P7: TRUE COPY OF STAY ORDER DT.13.11.2003 PASSED BY R1 IN I.A. NO.27/2003 IN RP NO.30/2003. P8: TRUE COPY OF ORDER DT.24.11.2003 IN WPC NO.36707/2003-T, HIGH COURT OF KERALA. P9: TRUE COPY OF ORDER DT.18.12.2003 PASSED BY R1 IN RP NO.30/2003. P10: TRUE COPY OF CHART PREPARED BY THE PETITIONERS SHOWING THE DETAILS OF THE SHARE OF VAZHIPADU GIVEN TO SANTHIKKARAN, KAZHAKAKKARS AND OTHER DETAILS REGARDING SRI.NHANGATTIRI BHAGAVATHI TEMPLE, DT. NIL. P11: TRUE COPY OF NOTICE DT.4.9.2003 ISSUED BY RESPONDENTS 5&6 TO 1ST PETITIONER. P12: TRUE COPY OF REPLY DT.NIL SENT BY 1ST PETITIONER TO R5 AND R6. P13: TRUE COPY OF CHART PREPARED BY THE PETITIONERS SHOWING THE DETAILS OF THE BUDGET OF THE YEARS 1998 TO 2003, DETAILS OF CONSTRUCTION WORKS, DETAILS OF THE FUNCTIONS AND OTHER DETAILS REGARDING SRI.NHANGATTIRI BHAGAVATHI TEMPLE, DT. NIL. RESPONDENT'S EXHIBITS: R5(a)p TRUE COPY OF ORDER OF APPOINTMENT OF NON-HEREDITARY TRUSTEES DT.25.8.1998. R5(b): TRUE COPY OF AGREEMENT DT.12.8.2001 ENTERED INTO BETWEEN THE BOARD OF TRUSTEES AND EMPLOYEES OF THE TEMPLE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C) Nos.1315 of 2004 & 39297 of 2003 .................................................................... Dated this the 23rd day of June, 2008. JUDGMENT Ramachandran Nair, J. W.P. 39297/2003 is filed for direction to the Commissioner, H.R.&C.E. to consult the hereditary trustees before appointment of non- hereditary trustees. The other W.P. is filed by non-hereditary trustees appointed in the same temple of which the petitioners in the connected W.P. are the hereditary trustees. It is conceded that the petitioners in W.P. 1315/2004 were appointed as non-hereditary trustees and they were continuing for sometime. This court has already issued guidelines in regard to the appointment of non-hereditary trustees whereunder consultation with the hereditary trustee is a requirement. In view of the subsequent guidelines issued, petitioners in W.P. 39297/2003 cannot have grievance any further as they will be consulted in the appointment of non-hereditary trustees. So far as W.P. 1315/2004 is concerned, it is not known whether the said trustees are still continuing or their tenure is over. In any case we make it clear that fresh appointment of non-hereditary trustees should be in accordance with 2 the guidelines which includes consultation of the hereditary trustees. The W.Ps. are disposed of with the above observation. Parties are free to approach this court for redressing fresh grievance, if any. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms