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. 14100 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------ K.KARTHIKEYAN, S/O.G.K.PANICKER, AGED 44 YEARS, PADINJARE VEEDU, MUDAPPALLUR.P.O, PALAKKAD-678 705. BY ADVS. SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): --------------------------- 1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE MALABAR DEVASWOM BOARD, ERANHIPALAM.P.O, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. 3. THE INSPECTOR, MALABAR DEVASWOM BOARD, CIVIL STATION, PALAKKAD. 4. THE CHAIRMAN, BOARD OF TRUSTEES, SREE AZHIKULANGARA BHAGAVATHI DEVASWOM, MUDAPPALLUR.P.O, PALAKKAD. 5. R.GANGADHARAN, PAKKAD, MUDAPPALLUR, PALAKKAD DISTRICT-678 705. 6. M.C.KRISHNAN, S/O.CHATHAN, KAMMAMTHARA, MUDAPPALLUR,PALAKKAD DISTRICT-678 705. 7. V.RAJASEKHARAN, VELUTHAKKAL HOUSE, PANTHAPARAMBU, MUDAPPALLUR, PALAKKAD-678 705. R1 TO R3 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R5 BY ADVS. SRI.MANIKANDAN, SMT.K.GIRIJA. R6 BY ADV. SRI.PHILIP MATHEW R7 BY ADV. SRI.RAJESH SIVARAMANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.14100 of 2010-J ------------------------------------------------------------------------ Dated 3rd September 2010 Judgment Thottathil.B.Radhakrishnan, J. The petitioner complains that the private respondents have been appointed as non-hereditary trustees, overlooking the fact that they are active politicians or office bearers of certain political parties. It is stated that those persons obtained appointment by making false affidavits before the third respondent Inspector to such effect. This is essentially, a disputed question of fact. 2. The Devaswom Board has filed a counter affidavit. But, the issue can be easily resolved by the statutory authorities. The petitioner, if aggrieved, has a remedy by way of a revision to the Commissioner under S.18 of the Hindu Religious and Charitable Endowments Act. Hence, leaving open all contentions, this Writ Petition is closed, directing that if the petitioner moves the Commissioner within three weeks from today, the said issue will be considered in accordance with law. To enable that process, it is ordered that the interim order WP(C) 14100/10 2 already granted by this Court on 30.04.2010 will continue until the Commissioner decides the said issue, provided the petitioner files the revision before the Commissioner within three weeks from today as directed above. Otherwise, the said interim order will stand vacated on expiry of three weeks from now. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WP(C) 14100/10 3