IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33204 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. MAHENDRAN, KADAVUKATTU PARAMBIL, VADUTHALA P.O., KOCHI-23. 2. JAYASREE K.S., W/O.MAHENDRAN, KADAVUKATTU PARAMBIL, VADUTHALA P.O., KOCHI-23. 3. SULOCHANA W/O.K.R.SADANANDAN, KADAVUKATTU PARAMBIL, VADUTHALA P.O., KOCHI-23. 4. SRI.K.R.SADANANDAN, S/O.LATE RAMANADHAN, KADAVUKATTU PARAMBIL, VADUTHALA P.O., KOCHI-23. BY ADVS. SRI.N.HARIDAS, SRI.P.N.SASIDHARAN. RESPONDENT(S): -------------------------- 1. COCHIN DEVASWOM BOARD, THRISSUR-680 001, REPRESENTED BY ITS SECRETARY. 2. SREEMAL GANAPATHY DEVASTHANAM VADUTHALA, KOCHI-682 023, REP.BY ITS ADHIKARI. 3. SRI.P.P.ANANDA RAO, S/O.P.B.RINBABU, PULIPARAMBIL HOUSE, VADUTHALA P.O., KOCHI-682 023, ADHIKARI NO.1. 4. M.J.BALACHANDRAN, S/O.LATE JANARDHANAN, MADHATHIPARAMBIL HOUSE, NEAR GANAPTHY TEMPLE, SASTHRI ROAD, VADUTHALA,KOCHI-682 023. R1 BY ADV. SRI.N.RAGHURAJ,SC,COCHIN DEVASWOM BOARD SRI.V.G.ARUN(ADV.COMMISSIONER) R2 TO R4 BY ADV. SRI.S.SACHITHANANDA PAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33204/2010 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LIST OF CONTROL INSTITUTIONS OF COCHIN DEVASWOM BOARD PUBLISHED IN THE YEAR 2005. P2: COPY OF ORDER NO.332/2003 DTD. 2/06/2003 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P3: COPY OF JUDGMENT DTD. 4/12/2003 O.P.NO.712 OF 2003 OF THIS HON'BLE COURT. P4: COPY OF THE DRAFT BYE-LAW SUBMITTED BY THE 2ND RESPONDENT FOR APPROVAL BEFORE THE DISTRICT COURT, ERNAKULAM. P5: COPY OF THE OBJECTION FILED BY THE 4TH PETITIONER TO EXT.P4 BEFORE THE HON'BLE DISTRICT COURT. P6: COPY OF THE COMISSION REPORT DTD. 25/11/2006 SUBMITTED THE ADVOCATE COMMISSIONER SRI.T.J.LAKSHMANAN BEFORE THE DISTRICT COURT, ERNAKULAM IN O.S.NO.26 OF 2004. P7: COPY OF THE JUDGMENT DTD. 8/02/2010 IN O.S.NO.26 OF 2004 OF THE DISTRICT COURT, ERNAKULAM. P8: COPY OF THE MEMBERSHIP APPLICATION SENT BY THE 3RD PETITIONER TO THE 2ND RESPONDENT BY SPEED POST. P10: COPY OF THE COMPLAINT DTD. 26/10/2010 FILED BY THE 3RD PETITIONER BEFORE THE ERNAKULAM TOWN NORTH POLICE STATION. P11: COPY OF THE RECEIPT NO.313/10/ETN DTD. 29/10/2010 ISSUED FROM THE ERNAKULAM TOWN NORTH POLICE STATION. P12: COPY OF THE WRITTEN STATEMENT DTD. 17/05/2010 FILED BY RESPONDENTS 3 & 4 BEFORE THE HON'BLE MUNSIFF COURT O.S.NO.387 OF 2010. P13: COPY OF THE APPLICATION DTD. 6/09/2010 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. P14: COPY OF THE LETTER DTD. /10/2010 ISSUED BY THE 1ST RESPONDENT IN REPLY TO EXT.P13. P15: COPY OF THE NOTICE TD. 26/10/2010 TAKEN DOWN FROM THE NOTICE BOARD OF THE 2ND RESPONDENT. Kss ..2/- ..2.... WPC.NO.33204/2010 A P16: COPY OF THE COMPLAINT DTD. 27/10/2010 SENT BY THE 4TH PETITIONER TO THE 1ST PETITIONER BY SPEED POST. P16(A):COPY OF THE POSTAL RECEIPT ISSUED FROM THE POSTAL DEPARTMENT FOR HAVING SENT EXT.P16 TO THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: ANNEXURE 1:COPY OF THE ANNUAL GENERAL BODY NOTICE DTD. 26/10/2010. ANNEXURE II:COPY OF THE RELEVANT PAGES OF THE BYE-LAW. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.33204 OF 2010 ------------------------------------------- Dated this the 11th day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Following the earlier order, Adv.V.G.Arun has filed a report of having executed the commission warrant. In that report, the elected members are also unlisted. All sides agree that the new committee is to take charge on the Karthika Pournami day which falls on 21.11.2010. Such taking over of charge will be promptly intimated to the Secretary of Cochin Devaswom Board. All other issues left open regarding the aforesaid facts. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.11/11. WPC.33204/10 2 THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.33204 OF 2010 ------------------------------------------- Dated this the 4th day of November, 2010 O R D E R Thottathil B.Radhakrishnan, J. Respondents 2 to 4 appear. Their learned counsel rightly says that they do not stand in the way of the interim relief for appointment of an Advocate Commissioner to supervise the election being conducted as scheduled. Learned counsel for the petitioner also says that all that is required for the Advocate Commissioner is to observe the election and not to act as the Returning Officer. Hence, with the concurrence of Adv.Sri.V.G.Arun, we appoint him as the Advocate Commissioner to observe the proceedings of the election which is scheduled to be held on 7.11.2010, to the General Body of the second respondent and file a report regarding the said election. WPC.33204/10 3 Respondents 3 and 4 will provide all necessary assistance for Adv.Arun to carry out the Warrant of Commission. The petitioner will pay the Advocate Commissioner an amount of Rs.25,000/- directly, at the earliest, towards bata, including expenses. Post on 11.11.2010. THOTTATHIL B.RADHAKRISHNAN, Judge. P.BHAVADASAN, Judge. kkb.4/11.