IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 418 of 2010(B) ------------------------ PETITIONER(S): --------------- PARAKKAD SREE BHAGAVATHY DEVASWOM, KAVASSERY, PALAKKAD DISTRICT, REPRESENTED BY K.M.VENUGOPALAN, S/O.MADHAVAN, AGED 62 YEARS, CHAIRMAN, TRUSTEE BOARD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, ERANHIPALAM, KOZHIKODE. 2. COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. 3. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & P.S.Gopinathan, JJ. ========================================== W.P.(C)No.418 of 2010 ========================================== Dated this the 7th day of January, 2010. JUDGMENT Raman,J. 1.Petitioner is the Parakkad Sree Bhagavathy Devaswom, Kavassery in Palakkad District. The temple comes under the control of the Malabar Devaswom Board and its administration as per a scheme framed in O.S.5/1929. As per the terms of the Scheme, appointments should be made in the Devaswom with the previous approval of the Commissioner. After the retirement of the Manager as early as on 20.11.2007, request was made by the petitioner seeking permission to make appointment to the post after due selection. Ext.P4 is a request made in this behalf on 31.5.2008. Thereafter, a reminder was also sent, as evidenced by Ext.P7. No action has been taken so far. In the circumstances, petitioner WPC.418/10. -: 2 :- requests for a writ of mandamus for early disposal of the request made in Ext.P4, followed by Ext.P7. 2.Copy of the writ petition was served on the standing counsel. We heard both sides. 3.Since the post of the Manager in the temple is lying vacant for the past one and a half years, the necessity to fill up the post ought to have been appreciated and Ext.P4 request ought to have been considered and disposed of long back. However, in the light of the statutory change effected by the amendment of the Hindu Religious Act, Malabar Devaswom Board have been constituted and the delay ought to have occurred due to the change of circumstances as above. However, there cannot be any further delay in this regard. Accordingly, we direct the Commissioner, Malabar Devaswom Board to take a decision on Ext.P4, as WPC.418/10. -: 3 :- expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Communicate the same to the petitioner at the earliest. Writ petition is disposed of as above. P.R.Raman, Judge. P.S.Gopinathan, Judge. sl.