IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 34323 of 2006(J) -------------------------- PETITIONER: ------------ TRUSTEE BOARD, SREE TIRURKAD DEVASWOM, TIRURKAD (PO), MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN SRI.VIKRAMAN.P.K. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER (HR & CE), CIVIL STATION, KOZHIKODE. 3. THE DEPUTY COMMISSIONER (HR & CE), CIVIL STATION, KOZHIKODE. 4. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, TIRUR, MALAPPURAM. 5. M.GIRIDHARAN, MANAGER/EXECUTIVE OFFICER, SREE TIRUMITTAKODE DEVASWOM, MALAPPURAM DISTRICT. BY ADV. SMT.ANU SIVARAMAN FOR R5 R1 TO R4 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE SCHEME OF THE SCHEME OF ADMINISTRATION OF TEMPLE. EXT.P2 TRUE COPY OF THE PROCEEDINGS NO. A21283/02 DATED 24.4.2003 ISSUED BY THE FOURTH RESPONDENT. EXT.P2(a) ENGLISH TRANSLATION OF EXT.P2 EXT.P3 TRUE COPY OF ORDER NO. HRH 2/253/2006/K.DIS. DATED 27.1.2006 ISSUED BY THE THIRD RESPONDENT. EXT.P3(a) ENGLISH TRANSLATION OF EXT.P3 EXT.P4 TRUE COPY OF CHARGE MEMO WITH STATEMENT OF ALLEGATIONS ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. EXT.P4(a) ENGLISH TRANSLATION OF EXT.P4 EXT.P5 TRUE COPY OF THE PROCEEDINGS NO. A4/4690/2006 DATED 13.12.2006 ISSUED BY THE 4TH RESPONDENT. EXT.P5(a) ENGLISH TRANSLATION OF EXT.P5. EXT.P6 TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO EXT.P4 BEFORE THE 3RD RESPONDENT DATED 23.10.2006 EXT.P7 TRUE COPY OF THE PROCEEDINGS OF THE COMMISSIONER (HR &ce) DATED 15.6.2006 EXT.P8 TRUE COPY OF THE COVERING LETTER WHICH WAS FORWARDED ALONG WITH THE DOCUMENTS TO THE ASST. COMMISSIONER. EXT.P9 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 23.12.2006 EXT.P10 TRUE COPY OF THE PROCEEDINGS NO. TD/SHC/104/06 DATED 31.12.2006 ISSUED BY THE 5TH RESPONDENT. EXT.P11 TRUE COPY OF THE ORDER NO. A4/4690/06 DATED 1.1.2002 ISSUED BY THE COMMISSIONER. EXT.P12 TRUE COPY OF LETTER DATED 10.1.2007 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 34323 OF 2006 -------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Ramachandran Nair,J. This Writ Petition was filed against appointment of Executive Officer during the tenure of the present Board of Trustees which was managing the Tirurkad Siva Temple. The tenure of office of all the non-hereditary trustees presently managing the temple is already over on 24.4.2008. However, Government Pleader submitted that new trustees are not appointed on account of interim order passed by this Court. Interim order is obviously misinterpreted by the respondents because this Court did not extend the tenure of the present Board of Trustees under interim orders. W.P. is accordingly disposed of directing respondents 2 to 4 to take immediate steps and constitute the Board of Trustees for management of the temple for the next tenure. There will be direction to the Devaswom Commissioner to make selection of trustees for the new Board within three months from now. 2 Until new trustees take over management, the present Board of Trustees should be allowed to continue. 2. If there is any enquiry pending against the present Board of Trustees, the same can be continued. Similarly since petitioner has a case that documents are missing on account of forceful inspection by the fifth respondent, there will be direction to the second respondent to conduct enquiry on the petitioner's Ext.P12 petition, and if anybody has stolen or taken away records, the same should be recovered and appropriate action should be taken against the person concerned. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3