IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4288 of 2009(I) ------------------------- PETITIONER(S): --------------- B. GOPALAKRISHNA BHAT, KEEZHSHANTHI, SREE LAKSHMI NARASIMHA DEVASWOM, THALASSERY, KANNUR, RESIDING AT HOUSE NO. 45/569, NEAR SREELAKSHMI NARASIMHA TEMPLE, M.M. ROAD, THALASSERY. BY ADV. SRI.P.VINODKUMAR SRI.SUSHANTH.J. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 2. THE SREELAKSHMINARASIMHA TEMPLE TRUSTEES, REPRESENTED BY ITS MANAGING TRUSTEE, THALASSERY, KANNUR - 670 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.4288 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT This writ petition is filed by the petitioner contending that the authorities of the second respondent temple are preventing his right to conduct his profession as Archaka (Santhi). It is therefore contended that the fundamental rights of the petitioner are violated by the stand taken by the temple authorities. 2. There is a dispute between the petitioner and the second respondent which is pending in appeal before the Deputy Commissioner under the H.R. & C.E. The appeal was filed pursuant to a Ext.P2 order by which the second respondent terminated his services. 3. None of the provisions of the H.R. & C.E. Act empowers the District Collector to adjudicate such a dispute. If the right to carry his profession as Archaka is being interfered with by any action of the temple authorities, he will have to resort to proper legal remedies. The District Collector being not the empowered authority in the matter, this court cannot compel the District Collector to consider and pass orders on Ext.P4 representation. Wpc 4288/2009 2 Therefore, the writ petition is disposed of giving liberty to the petitioner to agitate his right before the appropriate forum. (T.R. Ramachandran Nair, Judge.) kav/