IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 28909 of 2007(N) -------------------------- PETITIONER: ------------ 1. C.KUNHIKANNAN NAMBIAR, CHAIRMAN, OORPAZHASIKAVU DEVASWOM, P.O.EDAKKAD, KANNUR DISTRICT - 670 663. 2. R.MADHAVAN, EXECUTIVE OFFICER, OORPAZHASIKAVUDEVASWOM, P.O.EDAKKAD, KANNUR DISTRICT - 670663. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.PRABIN BABU RESPONDENTS: ------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, CIVIL STATION, CALICUT. 2. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, THALASSERY. 3. SRI.ULIKKAL NARAYAN, INSPECTOR, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN.) DEPARTMENT, THALASSERY. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.C.P.KUNJHIKANNAN FOR ADDL.R GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28909 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- PHOTOCOPY OF THE SCHEME FRAMED FOR THE ADMINISTRATION OF THE TEMPLE. EXT.P2- PHOTOCOPY OF THE MINUTES OF THE MEETING DATED 29.8.05 EXT.P3- PHOTOCOPY OF THE NOTIFICATION PUBLISHED IN KERALA KAUMUDI DAILY DATED 1.9.05 EXT.P4- PHOTOCOPY OF THE EXTRACTS FROM THE MINUTES BOOK DATED 16.9.05 EXT.P5- PHOTOCOPY OF THE LETTER DATED 27.9.05 SENT BY SRI.T.V.KUNHIRAMAN NAMBIAR TO THE CHARIMAN OF THE BOARD OF TRUSTEES EXT.P6- PHOTOCOPY OF THE MINUTES OF THE MEETING DATED 28.9.05 EXT.P7- PHOTOCOPY OF THE MINUTES DATED 18.1.06 EXT.P8- PHOTOCOPY OF THE ORDER NO.A1/1712/04 DTED 15.3.06 ISSUED BY THE 2ND RESPONDENT EXT.P9- PHOTOCOPY OF THE REPORT NO.L.DIS.305/05 OF THE DIVISIONAL INSPECTOR DTED 6.12.05 EXT.P10- PHOTOCOPY OF THE ORDER NO.HRH.7/7330/05 DTED 19.9.07 ISSUED BY THE 1ST RESPNDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).28909/2007 -------------------- Dated this the 9th day of July, 2008 JUDGMENT Second petitioner is the Executive Officer of Oorpazhassikavu Devaswom and he has approached this Court challenging Ext.P10 order of suspension inter alia on the ground that the same is without jurisdiction. Reasons stated in Ext.P10 is that the appointment of the second petitioner as an Executive Officer was in contravention of the provisions of the scheme dealing with the proceedings of the Trustee Board as such. A reading of Ext.P10 shows that there was also an allegation of fabrication of the minutes of the Trustee Board meeting and this actually indicates absence of quorum at the meeting, when the second petitioner was decided to be appointed as an Executive Officer. 2. It is seen from Exts.P12 to P15 produced along with the reply affidavit, that subsequently six out of nine members of the Trustee Board, who constitute a quorum, have now sought for reinstatement of the petitioner. They also indicate affirmation of the appointment of the second W.P.(C).28909/2007 2 petitioner as Executive Officer. Ext.P14 is addressed to the Commissioner, who is competent to take a decision in this regard. It is necessary that the Commissioner takes a decision, taking note of Ext.P14, at the earliest. 3. Having heard learned senior counsel for the petitioners Mr.Govindh K.Bharathan and learned senior Government Pleader, I am of the view that the Commissioner takes a decision on Ext.P14 at the earliest. 4. In the result, writ petition is disposed of directing the first respondent to take a decision on the request contained in Ext.P14, after hearing the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment. Petitioner is at liberty to produce all materials in relation to Ext.P14 or otherwise in support of the prayer made in this regard. V.GIRI, Judge mrcs