IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 2902 of 2009(U) ------------------------- PETITIONER(S): --------------- TRUSTEE BOARD, SREE PAYYAVOOR DEVASWOM REPRESENTED BY ITS CHAIRMAN T.P.RAJEEVAN. BY ADV. SRI.MOHAN C.MENON RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER THE MALABAR DEVASWOM BOARD, KASARAGOD. 2. THE MALABAR DEVASWOM BOARD KOZHIKODE, REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SRI. LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NOS. 2902 & 3086 OF 2009 --------------------------------------------------------- Dated this the 30th day of January, 2009 JUDGMENT Raman J. The Trustee Board of Payyavoor Devaswom represented by its Chairman is the petitioner in W.P.(C) No. 2902 OF 2009. The term of office of the petitioner expires on 4.2.2009. The Utsavam in the temple will commence on 12.2.2009. According to the petitioner, since there is hardly any time for reconstitution of the committee and for the proper conduct of the festival, it is necessary that the present Trustee Board be given an extension till completion of the festival. The petitioner, therefore, seeks a Writ of Mandamus directing the first respondent to permit the Trustee Board to continue in office till a committee is reconstituted or in the alternative, allow them to continue till the Utsavam is over. 2. Writ Petition No. 3086 of 2009 is filed by one Phalgunan making certain allegations against the Chairman of the present committee. Hence, both these Writ Petitions are consolidated. According to the W.P.(C)NOS.2902 & 3086/2009 2 petitioner in the said Writ Petition, he has submitted a representation to the authorities concerned raising certain allegations against the petitioner in W.P.(C) No.2902 of 2009, but the same has not been disposed of. Counsel appearing for the petitioner in the said Writ Petition has produced the proceedings issued by the Assistant Commissioner of Malabar Devaswom Board by which the Chairman of the existing Trustee Board is directed to hand over the books and other accounts on the expiry of their term on 4.2.2009. It is also stated in the proceedings that alternate arrangements are made for conduct of the Utsavam . 3. Since a decision has already been rendered by the Assistant Commissioner, subject to the right of the petitioner, if any, to challenge the said order, W.P.(C) No.2902 of 2009 is dismissed. 4. With regard to the allegations made by the petitioner in W.P.(C) No.3086 of 2009, prima facie, the petitioner has not produced any materials in support of the allegations. However, if the petitioner produces prima facie material in support of his allegations before the appropriate authority and if the authority concerned is satisfied, it will do the needful after issuing notice to the affected party. W.P.(C) No.3086 of 2009 is W.P.(C)NOS.2902 & 3086/2009 3 disposed of as above. Since the present committee will be in office till 4.2.2009, necessarily whatever steps they have taken in the matter of conducting the festival will be continued by the successor in office. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NOS.2902 & 3086/2009 4 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NOS. 2902 & 3086/2009 JUDGMENT 30th January, 2009 W.P.(C)NOS.2902 & 3086/2009 5