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 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 3469 of 2008(K) ------------------------- PETITIONER: ------------------- C.HARIDAS, S/O.GOVINDANUNNI NAIR, CHERKKATHODI HOUSE, POST VILAYUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SMT.PRIYA VIJAYAN RESPONDENTS: ---------------------- 1. THE COMMISSIONER, HINDU RELIGIOUS & CHARITBLE ENDOWMENTS, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, MALAPPURAM. 3. THE EXECUTIVE OFFICER, SREE KALARI BHAGAVATHI DEVASWOM, VILAYUR POST, PALAKKAD DISTRICT. 4. C.SASIKUMAR, S/O.RAMACHANDRAN NAIR, CHOLAKKAL HOUSE, EDAPPALAM POST, NADUVATTOM (VIA), PIN - 679 308. 5. P.P.RAJAN, S/O.KOCHUNNI PERUMBRA NAIR, VADAKKEPPATT HOUSE, VILAYUR P.O., PATTAMBI, PALAKKAD DISTRICT. 6. C.SANKARAN, S/O.VELAYUDHAN, CHOORAKKOTTIL HOUSE, POST VILAYUR, PIN - 679 309. 7. N.P.RAMAN, S/O.KUNJADI NAIR VEETTUPPADI, VILAYUR WEST, P.O.PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN FOR R4 TO R7 SMT.A.R.PRAVITHA FOR R4 TO 7 SRI.P.CHANDRASEKHAR FOR R.3 R1 AND R2 GOVERNMENT PLEADER SRI R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.3469/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF REVISION PETITION DATED 25/2/2006 PREFERRED BY THE 4TH RESPONDENT AND NUMBERED AS RP.6/2006 BEFORE THE IST RESPONDENT. EXT.P2 TRUE COPY OF THE COUNTER STATEMENT DATD 28/3/2006 SUBMITTED BY RESPONDENTS IN R.P.NO.6/2006 BEFORE THE IST RESPONDENT. EXT.P3 TRUE COPY OF ORDER DTD. 3/2/2007 IN R.P.NO.6/2006 ISSUED BY THE IST RESPONDENT. EXT.P4 TRUE COPY OF ORDER NO.A3-1123/06 DTD. 28/12/2007 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXTS: EXT.R4A TRUE COPY OF THE ORDER NO.A41860/06/K.DIS. DTD. 20/8/07 RECEIVED FROM THE PRO. EXT.R4B TRUE COPY OF THE VOTERS IDENTITY CARD ISSUED TO THE 6TH RESPONDENT ON 12/12/2001. EXT.R4C TRUE COPY OF THE RELEVANT PAGE OF RATION CARD OF THE 6TH RESPONDENT. EXT.R4D TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS' LIST FOR THE YEAR 2007. EXT.R4E TRUE COPY OF THE RELEVANT PAGE OF PASSPORT AND VISA OF THE 6TH RESPONDENT. EXT.R4F TRUE COPY OF THE PROCEEDINGS DTD. 8/1/08 OF THE BOARD OF TRUSTEES. P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C). NO. 3469 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 31ST DAY OF JULY, 2008. J U D G M E N T Raman, J. Petitioner was appointed as a 'fit' person in Sree Kalari Bhagavathy Kshetram, Vilayur. The challenge is made against the appointment of non- hereditary trustees. Admittedly, there are four non hereditary trustees. Petitioner has not raised any complaint. According to him, 4th respondent complained about the appointment on the ground that they are active politicians. But nothing prevents the complainant from challenging the action, if aggrieved. Petitioner cannot represent the 4th respondent. We find that he has no locus standi in the matter of appointment of non hereditary trustees. If any non hereditary trustee is appointed illegally, it is for the person so affected to challenge the same. With the above view, we decline to grant any relief in this writ petition. Dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-