IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH DECEMBER 2006 / 17TH AGRAHAYANA 1928 WP(C).No. 30061 of 2006(D) -------------------------- PETITIONER: ------------ E.M.RAMAN NAMBOODIRIPAD, ELAMKULATHUMANA, HEREDITARY TRUSTEE, SREE METHRUKKOVIL DEVASWOM, ELAMKULAM, CHERUKARA P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION)DEPARTMENT, KOZHIKODE. 2. THE DEPUTY COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION)DEPARTMENT, KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMINISTRATION)DEPARTMENT, MALAPPURAM, OFFICE AT TIRUR. 4. FIT PERSON, EXECUTIVE OFFICER, SREE PANAMKURUSSI DEVASWOM, CHETHALLOOR, PALAKKAD DISTRICT. BY GOVT.PLEADER SRI.S.DILEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: TRUE COPY OF ORDER OR SUSPENSION DT. 22/7/2006. EXT.P2: TRUE COPY OF ORDER DT. 27/10/2006 OF R3. EXT.P3: TRUE COPY OF POSTAL COVER CONTAINING EXT.P2. EXT.P4: TRUE COPY OF OF ORDER DT. 2/11/2006 ISSUED BY R2. EXT.P5: TRUE COPY OF POSTAL COVER CONTAINING EXT.P4 M. Ramachandran & A.K. Basheer, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 30061 of 2006-D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2006. J U D G M E N T Ramachandran, J: This writ petition has been filed challenging Exts.P2 and P4 orders whereby the petitioner is directed to hand over the administration of the temple to a fit person (Executive Officer), functioning under the Hindu Religious & Charitable Endowments Act, 1951. The principal contention raised by the petitioner in order to justify this writ petition is that no notice had been issued to him before issuing those orders. However learned counsel for the petitioner submits that statutorily it may be possible to attack the order as envisaged under the Act before the appellate authority. 2. We have heard learned Government Pleader. It is submitted that if an appeal is filed within a period of one month, it will be treated as filed within time and after hearing all the parties concerned, orders will be passed going to the merits. 3. We record the above submission. It is made clear that the interim order will continue till the disposal of the appeal. Writ Petition is disposed of as above. M. Ramachadran Judge. A.K. Basheer Judge. an.