IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 11848 of 2005(I) -------------------------- PETITIONER: ------------ PICHAKATHIL SREEDHARAN NAIR, S/O.NARAYANI @ KUTTIMALU AMMA, RESIDING AT PICHAKATHIL HOUSE, POST THRIPANKODE, MALAPPURAM. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER, THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, CIVIL STATION, CALICUT. 2. PICHAKATHIL SANKUNNI NAIR, S/O.PARVATHI @ CHINNAMMA AMMA, RESIDING AT PICHAKATHIL HOUSE, POST THRIPANKODE, MALAPPURAM. 3. THRIPANKODE DEVASWOM, REP. BY ITS TRUSTEE, XAMORIN RAJA, POST CHALAPPURAM, CALICUT. R1 BY G.P. SMT. SMITHA BY ADV. SRI.MOHAN C.MENON FOR R2 SRI.M.P.SREEKRISHNAN FOR R3 SMT.SHAHNA KARTHIKEYAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE O.A. FILED BY THE PETITIONER DATED NIL EXT.P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND RESPONDENT DATED 25.`1.2005 EXT.P3 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 14.2.2005 EXT.P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 28.2.2005 EXT.P5 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 21.3.2005 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) TRUE COPY OF THE PARTITION DEED OF 1952 EXT.R2(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASST. COMMISSIONER DATED 29.1.2003 EXT.R2(c) TRUE COPY OF THE REQUEST SENT BY THE PETITIONER DATED 13.8.2000 EXT.R2(d) TRUE COPY OF THE REQUEST SENT BY THE PETITIONER DATED 19.6.2004 EXT.R2(e) TRUE COPY OF THE DETAILED COUNTER FILED BEFORE THE ASST. COMMR. DATED 28.2.2005 TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 11848 OF 2005 -------------------------------------------- Dated this the 24th day of June, 2008 JUDGMENT Ramachandran Nair,J. Petitioner's case is that second respondent is sick and physically disabled and he cannot discharge the Kazhakam duties (Kuzhal) even though second respondent is otherwise eligible under the family partition. Request is for reference of the second respondent for medical examination. Having regard to the claim that the second respondent has only Phileria we do not think any medical examination is required because this is a matter which the hereditary trustee managing the temple has to decide. Therefore the hereditary trustee is directed to consider second respondent's representations, and if found eligible, to engage him. W.P. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 2