IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 27991 of 2008(G) -------------------------- PETITIONER(S): --------------- E.P.HARIJAYANTHAN NAMBOOTHIRI, S/O. NARAYANAN NAMBOOTHIRI, AGED 77 YEARS, PRESIDENT, TTK DEVASWOM MANAGING COMMITTEE, TALIPARAMBA POST, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI RESPONDENT(S): --------------- 1. DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMWNTS DEPARTMENT, CIVIL STATION, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF DEVASWOM, THIRUVANANTHAPURAM. BY G.P. SHRI R. LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.27991 of 2008-G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of September, 2008 J U D G M E N T J U D G M E N T RAMAN, J. Admittedly, as per Rule 5 of Ext.P1 scheme, until a new committee is constituted, the outgoing committee can continue in the office till reconstitution. Therefore, it is contended that the present decision in not permitting the outgoing managing committee to continue its functions till a new managing committee is constituted, is contrary to Rule 5 of Ext.P1 Scheme. At the same time, the learned Government Pleader brought to our notice that present committee is not showing any interest in temple affairs and so many malpractices were committed. Of course, the same is denied by the petitioner. In the factual situation, it is appropriate that since there is a committee of hereditary trustees elected, until the newly committee is constituted, the temple affairs will be managed by five(5) hereditary trustees elected already along with the Executive Officer and, all decisions shall be taken by the resolution passed in the committee meeting. The quorum shall be four(4). Expedite steps shall be taken W.P.(C).NO.27991/2008 -:2:- for reconstituting the managing committee after conducting the election for non-hereditary trustees in accordance with law. The writ petition is disposed of as above. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms