IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 25773 of 2010(V) -------------------------- PETITIONER(S): --------------- MADHAVAN NAMBIAR, TRUSTEE, SREE CHAMAKKAVU BHAGAVATHY TEMPLE VELLUR, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KASARAGOD DIVISION AT NILESWARAM, NILESWARAM POST, KASARAGOD DISTRICT. 2. THE AREA COMMITTEE, MALABAR DEVASWOM BOARD, KASARAGOD DIVISION, NILESWARAM, KASARAGOD DISTRICT. 3. THE MALABAR DEVASWOM BOARD, KOZHIKODE, REPRESENTED BY THE SECRETARY. 4. VALSARAJAN.C., S/O.P.M.RAMAKRISHNAN ADIYODI, PARVATHI KRISHNA, P.O.VELLUR, PAYYANNUR-670 346, KANNUR DISTRICT. 5. P.C.RAGHAVAN, S/O.LATE K.V.CHANTHU, KRISHNAKRIPA, BANK ROAD, VELLUR, P.O.VELLUR-670 346. 6. T.KUNHIKRISHNAN, S/O.LATE K.RAMAN NAMBIAR, JYOTHIS, PUTHIYAKAVU ROAD, P.O.KANDOTH, PAYYANNUR, KANNUR DISTRICT. 7. K.DAMODARAN, S/O.R.CHANTHANKUNHI, NAVARAMAM, VELLUR P.O., PAYYANNUR, KANNUR DISTRICT. R1 TO R3 BY ADV. SRI.K.MOHANAKANNAN,SC R4 TO R7 BY ADV.SRI.MAHESH V RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.25773/10 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SCHEME FRAMED FOR THE ADMINISTRATION OF THE AFFAIRS OF SREE CHAMAKKAVU TEMPLE. EXT.P2: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUSTEE BOARD CHAIRMAN BEFORE THE ASSISTANT COMMISSIONER DATED 15.1.08. EXT.P3: A TRUE COPY OF THE COMMUNICATION DATED 16.1.08 BY WHICH THE ELECTION OF THE CHAIRMAN WAS INTIMATED TO THE ASSISTANT COMMISSIONER. EXT.P4: A TRUE COPY OF THE COMMUNICATION DATED 16.12.09 SUBMITTED BY THE TRUSTEE BOARD BEFORE THE 1ST RESPONDENT. EXT.P5: A TRUE COPY OF THE NOTIFICATION DATED 2.2.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6: A TRUE COPY OF THE REPRESENTATION SUBMITTED ON BEHALF OF THE TRUSTEE BOARD BEFORE THE 1ST RESPONDENT. EXT.P7: A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE COMMISSIONER. EXT.P8: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUSTEE BOARD CHAIRMAN BEFORE THE ASSISTANT COMMISSIONER. EXT.P9: A TRAUE COPY OF THE ORDER DATED 12.7.2010 ISSUED BY THE 1ST REPSONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.25773 OF 2010 ------------------------------------------- Dated this the 3rd day of September, 2010 JUDGMENT The petitioner challenges Ext.P9, which is a decision of the Assistant Commissioner under the HR & CE Act. A suit lies against that decision. It is submitted by the learned counsel for the Malabar Devaswom Board that a proceedings as O.P.1/10 has been filed before the Sub Court, Payyannur by four among the hereditary trustees and that they were not successful in getting any interim order as of now. We are also told by the learned counsel for the Board that as on 16.8.2010, the date on which the first interim order was issued by this Court, a Chairman was elected following the impugned Ext.P9 order. Though learned counsel for the petitioner says that his client was not aware of that election, we are not prepared to consider that contention because the petitioner had a right to sue by filing a statutory proceedings as done by the other hereditary trustees, but has WPC.25773/10 2 not done it. We, therefore, maintain the interim order issued on 16.8.2010 and extended on 28.10.2010 for a period of 10 days from now, enabling the petitioner also to move the Sub Court, Payyannur, provided he has a right to sue and file suit in accordance with law, including as to time limit. It is clarified that the Sub Court, Payyannur would not be guided by the fact that this Court had issued an order of status quo but would decide any application for interim relief untrammelled by any observations contained in this judgment. All issues on merits are left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.4/09.