IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10772 of 2008(G) -------------------------- PETITIONER: ------------ ZAMORIN RAJA OF CALICUT, CHALAPPURAM, CALICUT-2. BY ADV. SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENTS: ------------- 1. COMMISSIONER, HR & CE (ADMN.), DEPARTMENT, KOZHIKODE. 2. CHANDRAN THADATHIL, S/O.IMBICHUNNEERI,24/1952, VRIDAVAN, KADUPINI POS MANKAVU. 3. P.PRADEEPKUMAR, S/O.LATE MADHAVAN, PALLIKKARA HOUSE, POST KUMMERI,KOZHIKODE-7. 4. P.K.PRAGEESH,S/O.P.K.GIRISH, POYEERI KUNNATH HOUSE, KONETH PARAMBU, POST KUMMERI,KOZHIKODE-7. 5. V.MURALLEDHARAN, S/O.NARAYANAN NAIR, LAKSHMI NIVAS, POST KUMMERI,KOZHIKODE-7. R1 BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-3-2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- W.P.(C) N0.10772 OF 2008 ---------------------------------------------- Dated, 28th March, 2008. JUDGMENT Raman,J. In view of the order we propose to pass, it is not necessary to issue notice to the party respondents. 2. Heard the learned Government Pleader. 3. This writ petition is filed challenging the appointment of non hereditary trustees by the Commissioner as per Ext.P3 order confirmed by Ext.P8 order. Earlier Ext P3 was under challenge before the this Court since the principles of natural justice is violated. Ext.P3 order was stayed and we directed the Commissioner to pass interim orders and dispose of the matter after hearing both sides. This is evidenced by Ext.P4 judgment. Subsequently, the present order is passed. Learned counsel appearing for the petitioner contended that he has satisfactorily proved that respondents 4 and 5 are members belonged to political party and are disqualified to continue as non hereditary trustees. He has also referred to three grounds WPC 10772/08 2 in the Original Petition. The Commissioner has found that apart from paper reports, there is no other evidence to prove his case and the news paper report cannot be accepted. But according to the counsel, the contents of the report are not denied by the respondents. According to him, there arose no further occasion to substantiate his pleas for adducing further evidence. We do not think that there is any merit in the contentions raised. 4. The Government Pleader rightly points out that a statutory remedy is available to the petitioner by way of representation to the Government under section 99 of the Hindu Religious and Charitable Endowments Act (for short 'HR & CE Act'). However, the petitioner has pointed out that on an early occasion, he approached this Court and since Ext.P4 judgment was passed, he thought that he could get his grievance redressed by filing another writ petition. Considering all the facts and circumstances of the case, we direct that Ext.P3 order confirmed by Ext.P8 order shall be kept in abeyance for a period of one month within which time the petitioner may invoke the WPC 10772/08 3 statutory remedy under section 99 of the H.R. & C.E.Act and seek interim orders from the Government. If such a petition is filed, the Government will pass appropriate orders after hearing all the parties. The writ petition is disposed of as above. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- WPC 10772/08 4 V.K.MOHANAN, J. No.... Judgment/Order Dated: