IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5580 of 2008(L) ------------------------- PETITIONER: ------------ A.C.BHANUNNI @ VALLUVANATTUKARA VALLABHA VALIYA RAJA, S/O.KUNCHIKAVU THAMPURATTI, AGED 82, TRUSTEE, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, POST BOX NO.5, ANGADIPURAM, MALAPPURAM 679 321. BY ADV. SRI.K.RAMAKUMAR (SR.) SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE SRIMANU TOM RESPONDENTS: ------------- 1. THE COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, KOZHIKODE. 2. THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, KOZHIKODE. BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 5580 OF 2008 = = = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. This writ petition is filed challenging Ext.P7 notice issued by the Commissioner under the Hindu Religious and Charitable Endowment Act. Earlier, petitioner had approached this Court when a notice was issued to him by the Deputy Commissioner. This Court, by Ext.P1 judgment, after hearing all the parties, directed the Commissioner for HR & CE, Kozhikode to pass orders in accordance with law, within two months from the date of receipt of a copy of the said judgment. As per the notice issued earlier, one Chandradasa Menon was appointed under Section 47(3) of the Act as a fit person pending final orders to be passed pursuant to the notice so issued. But this Court, by an interim order in W.P.(C) 22046/2007, had allowed the petitioner to continue as hereditary trusty, which order was made absolute by judgment Ext.P1, until a final decision is taken in the matter. That order still continues. 2. The grievance of the petitioner now is that no charge memo afresh has been issued by the Commissioner; but only a charge memo already :2: issued earlier along with the notice Ext.P7 is enclosed. Since this is only at the notice stage, we are not inclined to enter a finding on the merits of the case. Petitioner is entitled to raise all the objections including the validity of the notice issued by the Commissioner, who, after hearing the petitioner, will pass appropriate orders. Petitioner may submit his explanation to the Commissioner raising all the contentions available to him under law whereupon the Commissioner shall dispose of the matter in accordance with law. Since as per Ext.P7 only 15 days time was granted for submitting the reply from the date of receipt of notice and since it appears that the notice itself was served by affixure, in the fitness of things, we extend the time for submitting the reply by ten days from today, whereupon the Commissioner may fix a suitable day for hearing. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-