IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 24296 of 2004(P) ------------------------------------ PETITIONER(S): ------------------------ VASUDEVAN NAMBOODIRI, MARATH MANACKAL, HEREDITARY TRUSTEE (UNDER ORDER OF SUSPENSION), KAVAPRA DEVASWOM, PONNANI, VATTAMKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ------------------------- 1. THE COMMISSIONER, HR & CE, KOZHIKODE, CIVIL STATION, KOZHIKODE. 2. THE DEPUTY COMMISSIONER, HR & CE, KOZHIKODE, CIVIL STATION, KOZHIKODE. 3. SRI.GIRIDHARAN, EXECUTIVE OFFICER, SREE SUKAPURAM DAKSHINAMOORTHI TEMPLE, PONNANI, MALAPPURAM. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24296/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CHARGE MEMO ISSUED BY THE DEPUTY COMMISSIONER DTD. 13.11.2003. P2:- COPY OF THE ORDER ISSUED BY THE DEPUTY COMMISSIONER DTD. 2.8.2004. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C).No.24296 of 2004-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of December, 2010. Order Thottathil B.Radhakrishnan, J. This writ petition is filed challenging Ext.P2 proceedings whereby certain action was taken against the petitioner by the Deputy Commissioner. With the passage of time, we thought that the petitioner standing with the benefit of an interim order in his favour could end this litigation in his favour by holding that the impugned proceedings should be treated as not surviving. We, therefore, issued an order on 24.11.2010 requiring the Board to state whether it is necessary in the interest of the institution to continue the impugned proceedings. We issued such direction because we find that the impugned proceedings were generated on the WPC24296/04 -: 2 :- allegation that Rajalekshmi was not paid her dues and with the passage of time, her dues were paid. Ultimately, the learned counsel for the Board states that this matter could be treated as closed quashing the impugned proceedings however without prejudice to any fresh action that may be taken regarding the office of the hereditary trustee since the Board is stated to have a report that the present incumbent is unable to carry out the duties and functions in relation to his office by reason of his old age and ill- health. With the aforesaid, we quash the impugned proceedings without prejudice to the Board and its officers exercising such authority as may be required, if found necessary, in accordance with law. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1812