← Library
High Court of KeralaRP/785/2015allowed

M.P.Unnikrishnan Nambisan v. State Of Kerala

2015-09-17Honourable Mr. Justice Anil K.Narendran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 RP.No. 785 of 2015 (T) IN WP(C).24360/2015 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 24360/2015 of HIGH COURT OF KERALA DATED 21-08-2015 REVIEW PETITIONER(S)/PETITONERS:

--------------------------------------------------------------

1. M.P.UNNIKRISHNAN NAMBISAN S/O.PARVATHI BRAHMANI AMMA, KRIPA, THRIKKUTTISSERI VIA NADUVANNOOR, VAKAYAD PO KOZHIKODE DISTRICT 673 614.

2. P.SREEDHARAN NAMBISAN S/O.DEVAKI BRAHMANI AMMA, SREEESADAN, NAMBISAN COLONY DOWN HILL PO, MALAPPURAM , PIN 676 519.

BY ADVS.SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS RESPONDENT(S)/RESPONDENTS:

----------------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE COMMISSIONER MALABAR DEVASWOM BOARD, CIVIL STATION KOZHIKODE PIN673 001.

3. THE DEPUTY COMMISSIONER MALABAR DEVASWOM BOARD, CIVIL STATION KOZHIKODE PIN 673 001.

4. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, CIVIL STATION KOZHIKODE PIN 673 001.

R1 BY SRI T.J.MICHAEL, SENIOR GOVERNMENT PLEADER R2-R4 BY SRI.PARTHASARATHY.B, SC, MALABAR DEVASWOM BOARD THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17-09-2015, ALONG WITH WPC 24360/15, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP.No. 785 of 2015 (T) IN WP(C).24360/2015 APPENDIX PETITIONERS' ANNEXURE:

A1:

COPY OF THE ORDER DATED 17.07.2015 OF THE 2ND RESPONDENT COMMISSIONER IN AP-7/2015 A2:

COPY OF THE APPLICATION DATED 01.09.2015 FOR THE APPOINTMENT OF 2ND REVIEW PETITIONER AS TRUSTEE SUBMITTED BY THE 1ST REVIEW PETITIONER.

RESPONDENTS' ANNEXURE: N I L //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- R.P. No.785 of 2015 and W.P.(C) No.24360 of 2015 ---------------------------------------------- Dated this the 17th day of September, 2015

ORDER

This is a review petition filed by the petitioner seeking an order to review the judgment of this Court dated 21.08.2015 in W.P.(C). No.24360/2015 on the ground that there is an error apparent on the face of the record.

2. Relying on Annexure A1 order passed by the 2nd respondent dated 17.07.2015 in A.P.No.7/2015, the learned counsel for the petitioner would contend that, the direction contained in the operative portion of the judgment at page No.3 should be a direction to submit appropriate application to function as 'trustee representing the family', instead of 'fit person'.

3. Heard both sides and perused the documents produced as Annexures A1 and A2.

4. The prayer sought for in this review petition is not opposed by the learned Standing Counsel for the Malabar

R.P.No.785/2015 and wpc 24360/2015 Devaswom Board.

5. In Annexure A1 order dated 17.07.2015, the 2nd respondent found that the vacancy of trustee which has arisen due to the old age and ill health of the 1st petitioner herein, who is settled away permanently, and unlikely to cease is permanent in nature, and if the 2nd petitioner herein is the only able senior member settled at Malappuram, there is no legal impediment in the 2nd petitioner assuming the office of the trustee representing the family. It was based on Annexure A1 order, the 1st petitioner filed Annexure A2 application dated 01.09.2015 before the 3rd respondent to allow the 2nd petitioner to assume the office of the trustee representing the family.

In such circumstances, this review petition is allowed by recalling the judgment dated 21.08.2015 in W.P.(C). No.24360/2015 and the said writ petition is disposed of by directing the 3rd respondent to consider Annexure A2 application submitted by the 1st petitioner seeking an order to permit the 2nd petitioner to assume the office of the trustee representing the family, in terms of the provisions under the H.R. and C.E. Act. Necessary orders in this regard shall be passed as expeditiously as possible, at any rate, within a period of one month from the

R.P.No.785/2015 and wpc 24360/2015 date of receipt of a certified copy of this judgment, with notice to the petitioners. It would be open to the 3rd respondent to consider whether the 2nd petitioner can be permitted to function as fit person provisionally during the pendency of Annexure A2 application.

SD/- ANIL K. NARENDRAN, JV JUDGE