IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 24959 of 2008(U) -------------------------- PETITIONER(S): --------------- T.P. PARANGODAN, SECRETARY, KSHETHRA PUROGAMANA (DEVELOPMENT) COMMITTEE, VAIRAMKODE DEVASWOM, VAIRAMKODE, MALAPPURAM, RESIDING AT THARAYAPARAMBIL HOUSE, VAIRAMKODE.P.O, MALAPPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (A) DEPARTMENT, KOZHIKODE. 2. THE EXECUTIVE OFFICER, VARIAMKODE DEVASWOM, MALAPPURAM. 3. SRI.K. BALAKRISHNAN, S/O. LATE KUTTIKRISHNAN NAIR, KUNNATHU HOUSE, P.O. ATHAVANAD, VIA THIRUNAVAYA, MALAPPURAM. BY ADV. SRI.T.A.RAJAN FOR R3 BY ADV. SRI.MOHAN C.MENON FOR R2 BY GOVERNMENT PLEADER SRI.R.LAKSHMI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.24959 of 2008 EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 20.5.2008 ISSUED BY R1. EXT.P2 TRUE COPY OF THE PETITION DT. 21.6.2008 SUBMITTED BY THE PETITIONER. EXT.P3 TRUE COPY OF THE PETITIONER DT. 21.6.2008 SUBMITTED BY THE CHAIRMAN OF THE VYRAMKODE DEVASWOM. EXT.P4 TRUE COPY OF ORDER DT. 11.8.2008 ISSUED BY R1. EXT.P5 TRUE COPY OF THE APPLICATION DT. 9.6.2008 SUBMITTED BY SRI.SUNILKUMAR, S/O.SHANMUGHAN. RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF THE NOTIFICATION DATED 15.2.1994. EXT.R3(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THE THEKKANNUR MAHA VISHNU KSHETHRA PARIPALANA COMMITTEE. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No. 24959 of 2008 ------------------------------- Dated this the 20th February, 2009 J U D G M E N T Raman, J. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents, as also the learned Government Pleader. 2. The main question that is raised in this writ petition is with respect to the jurisdiction of the Commissioner. It is alleged in the writ petition that the temple is a private temple and not one notified under Section 38 of the Hindu Religious & Charitable Endowment Act. 3. Counter affidavit has been filed by the first respondent, producing Ext.R1(a) notification dated 15.2.1994, which shows that Sree Vairamcode Bhagavathy Temple, Thirunavaya, is included as Item No.46 in the said notification. W.P.(C) No.24959 of 2008 2 Therefore, the contention that it is not a notified temple has only to be rejected. The jurisdiction of the Commissioner extends to all the temples under the notification. Hence, the main contention that the Commissioner has no jurisdiction in the matter has necessarily to fail. 4. However, the petitioner has a further contention that the appointment of third respondent as a non-hereditary trustee of the said temple is not in order and that he suffers the very disqualification. This is a question of fact and at the first instance, this Court cannot entertain the dispute. The petitioner has got an effective alternative remedy to approach the Government under Section 99 of the Hindu Religious & Charitable Endowment Act. In such circumstances, the petitioner is at liberty to file an appeal under Section 99 of the Hindu Religious & Charitable Endowment Act. If such an appeal is filed, the Government will consider and dispose of the same, in accordance with law, after hearing both sides. The interim stay granted by W.P.(C) No.24959 of 2008 3 this Court will continue for three weeks. Thereafter, it is open to the petitioner to approach the Government for appropriate interim relief and such order will govern the matter. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.