IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 13103 of 2010(K) --------------------------------------- PETITIONER: ------------------- P.A.K.KRISHNAN,S/O.LATE KESAVAN NAMBOODIRI, AGED 65 YEARS, KAITHAPRAM, P.O.MATHAMANGALAM,(VIA),M.M.BAZAR,KANNUR DIST. BY ADVS. SRI.V.C.JAMES, SRI.J.S.AJITHKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,DEVASWOM DEPARTMENT,SECRETARIAT,TRIVANDRUM. 2. THE COMMISSIONER,HR & CE, CIVIL STATION,CALICUT. 3. THE ASSISTANT COMMISSIONER,HR & CE, (ADMN),DEPARTMENT,THALASSERY-3. 4. THE PRESIDENT,MALABAR DEVASWOM BOARD, NEAR PASSPORT OFFICE,CALICUT. 5. A.K.SANKARAN,SECRETARY,KAITHAPRAM, VISHNUPURAM TEMPLE PARIPALANA COMMITTEE, KAITHAPRAM.P.O, MATHAMANGALAM,KANNUR DISTRICT. R1 BY GOVT. PLEADER SRI. R. LAKSHMI NARAYAN, R2 TO R4 BY ADV. SRI.K.MOHANAKANNAN,S.C, ADV.SRI.V.N.RAMESAN NAMBISAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13103/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. HRH-5/3630/08 DTD. 19/08/2008 OF THE R.2. EXT.P.2: COPY OF THE INFORMATION RECEIVED FROM THE R.3. ON 28/08/08. EXT.P.3: COPY OF THE REPRESENTATION DTD. 22/09/2008 SUBMITTED TO THE R.3. BY THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD. 04/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.5: COPY OF THE REPRESENTATION DTD. 16/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, MALABAR DEVASWOM BOARD. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.7: COPY OF THE SUGGESTIONS OF THE THANTHRI PREPARED AFTER SWARNAPRASNAM ON 24/05/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.13103 OF 2010 ------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.The petitioner came to this Court complaining about the inaction of the statutory authorities under the HR & CE Act on a request to conduct election of the Chairman of the Trustee Board. The petitioner also sought for removal of the 5th respondent by making personal allegations against him. 2.As of now, we have a statement on record by the counsel for the Malabar Devaswom Board to the effect that an election was held in a meeting on 24.9.2010 and one of the hereditary trustees, viz., T.P.Damodharan Namboothiri, has been elected as the Manging Trustee/Chairman. In this view of the matter, we do not find any grievance subsisting in this writ petition. 3.Learned counsel for the petitioner says that the aforesaid election was a farce and if at all, the same does not stand in WPC.13103/10 2 the eye of law. Learned counsel for the 5th respondent submits that since personal allegations are made against his client, he need further opportunity to file counter affidavit. We are clear in our mind that in terms of the submissions on behalf of the MDB that Sri.T.P.Damodharan Namboothiri is now elected as the Managing Trustee/Chairman, all that needs to be done is to close the matter and leave the parties with liberty to seek other remedies against that election, if they have any complaint, before such authority or court which has jurisdiction to look into the issue in accordance with law. We also clarify that we have not taken congnisance of any of the allegations made against the 5th respondent personally and no such issues are answered in this judgment and all issues in that regard remain left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.21/10.