IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 32859 of 2011(F) ----------------------- PETITIONER : --------------------- BALAKRISHNA THANTRI, S/O.LATE SUBRAYA THANTRI, THANTRI OF SRI. UDANESWARA TEMPLE, PERDALA, KASARGOD 671 551 RESIDING AT DELAM PADI ILLUM, UMBRAGULA PO., KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.NIRMAL. S RESPONDENT(S): ------------------------- 1. SRI.UDANESWARA TEMPLE PERDALA, KASARGODE, REP. BY CHAIRMAN, TRUSTEE BOARD MR.T.K.NARAYANAN BHATT, PANJITHADKA HOUSE P.O.PERDALA, PIN 671 551, KASARGODE DISTRICT. 2. T.K.NARAYANA BHATT, S/O.NARAYANA BHATT PANJITHADKA HOUSE, P.O.PERDALA, KASARGODE - 671 551. 3. CHANDRAHASA RAI, S/O.NARAYANA RAI, PERDALAGUTTU HOUSE, KASARGODE 671 551. 4. VENKARA KRISHNA M, S/O.T.V.GOVINDA BHATT MAKKIKANA HOUSE, P.O.PERDALA, KASARGODE 671 551. 5. SIVAPRASAD RAI, S/O.DOOMANNA RAI, PERDALA NEAR PERDALA JARA, P.O.PERDALA, KASARGODE 671 551. 6. PRABHAKARA BHANDARI, S/O.SUBHANNA BHANDARI, PERDALA HOUSE, PERDALA, KASARGODE - 671 551. 7. DEPUTY COMMISSIONER MALABAR DEVASWAM BOARD, KOZHIKODE 673 001. ...2/- WP(C).No. 32859 of 2011(F) -2- 8. COMMISSIONER, MALABAR DEVASWOM BOARD KOZHIKODE 673 001. *ADDL.R9 IMPLEADED *9. RAVEESHA THANTHRI, S/O. SUBRAYA THANTHRI, 'MANTHRASALA', KUMTAR, P.O. KASARGODE - 671 543. *ADDL. R9 IS IMPLEADED AS PER ORDER DT. 12.12.2011 IN I.A. NO. 19859/2011. R1 & R2 BY ADV. SRI.SURESH KUMAR KODOTH R7 & R8 BY ADV. SRI.N.MANOJ KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 32859 of 2011(F) APPENDIX PETITIONERS' EXHIBITS : EXT.P1TRUE COPY OF THE OA.11/2011 FILED BEFORE THE 7TH RESPONDENT DT.12.07.2011. EXT.P2TRUE COPY OF THE ORDER DT.12.07.2011 GRANTING INJUNCTION TO THE PETITIONER PASSED BY THE 7THE RESPONDENT.. EXT.P3THE COUNTER FILED BY THE RESPONDENTS DT.27.10.2011. EXT.P4TRUE COPY OF THE ORDER DT.28.10.2011 IN IA.14/2011. EXT.P5TRUE COPY OF THE ORDER IN AP 15/2011 DT.16.11.2011. EXT.P6TRUE COPY OF THE ORDER IN IA 43/2011 DT.29.11.2011 EXT.P7TRUE COPY OF THE APPEAL AP.16/2011 DT.01.12.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.32859 of 2011 ---------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner filed O.A.No.11 of 2011 before the Deputy Commissioner, under the Hindu Religious and Charitable Endowments Act, seeking a declaration that the hereditary post of Thanthri of the temple in question is vested with his family and that he is entitled to all perquisites and honours attached to that temple. 2. I.A.No.14 of 2011 was filed for interim relief. The Deputy Commissioner issued Ext.P4 order finding, among other things, that there is no material on record that the petitioner had officiated at any time after 1991. In Ext.P5 appellate order, the Commissioner, quite rightly, vacated the observations in Ext.P4 to pave way for a final and complete adjudication of the issues and directed to have the main matter considered. WP(C).No.32859/2011 2 3. The petitioner, thereafter, filed I.A.No.43 of 2011 before the Deputy Commissioner, seeking a direction that he be invited to be the Thanthri for the annual festival (utsavam) commencing from tomorrow. That was dismissed by the Deputy Commissioner holding that, in the light of the fact that there is no material on record that the petitioner had officiated at any time after 1991, it would be unreasonable and away from the spirit of Ext.P5 appellate order, to pass any direction as sought for. Even, as of now, though he petitioner stands to assert that there is nothing with the respondents to show that he was removed after 1991, the fact of the matter remains that he does not have any material to show that he had officiated at any time after 1991, for nearly two decades. 4. In the aforesaid circumstances, having heard the matter, we do not find that any illegality or jurisdictional error has been committed by the Deputy Commissioner, warranting exercise of authority under Article 226 of the Constitution of India. WP(C).No.32859/2011 3 For the aforesaid reasons, this writ petition fails and the same is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/15.12