Ramesh P.S. v. President, Malabar Devaswom Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 2900 of 2015 (J) PETITIONER:

------------------- RAMESH P.S.

AGED 35 YEARS S/O.SADASHIVA GURUKKAL, PILLAMANDAN HOUSE VAISHNAVAM GARDENS, KORANGODUKALAM, KODUVAYOOR-678501 PALAKKAD.

BY ADV. SRI.K.P.SUDHEER RESPONDENTS:

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

1. PRESIDENT MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX ERANHIPALAM P.O., KOZHIKODE-673006.

2. MALABAR DEVASWOM BOARD REPRESENTED BY ITS COMMISSIONER & SECRETARY HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE-673006.

3. BOARD OF TRUSTEES ONGALLUR THALIYIL GANAPATHI KSHETHRAM KALLADIPATTA P.O., VIA. PATTAMBI, PALAKKAD DISTRICT PIN 679313, REPRESENTED BY ITS CHAIRMAN.

R1&2 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2900 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF PURCHASE CERTIFICATE NO.664/1978 DATED 23.12.1977 IN S.M.NO.9369/1977 ISSUED BY LAND TRIBUNAL, OTTAPALAM I. EXHIBIT-P1(a): TRUE COPY OF ORDER DATED 23.12.1977 IN S.M.NO.9369/1977 ISSUED BY LAND TRIBUNAL, OTTAPALAM.

EXHIBIT-P1(b): TRUE COPY OF REPORT DATED 24.4.1976 OF THE VILLAGE OFFICER, ONGALLUR I VILLAGE.

EXHIBIT-P2:

TRUE COPY OF PURCHASE CERTIFICATE NO.668/1978 DATED 23.12.1977 IN S.M.NO.9370/1977 ISSUED BY LAND TRIBUNAL, OTTAPALAM I. EXHIBIT-P2(a): TRUE COPY OF ORDER DATED 23.12.1977 IN S.M.NO.9370/1977 ISSUED BY LAND TRIBUNAL, OTTAPALAM.

EXHIBIT-P2(b): TRUE COPY OF REPORT DATED 24.4.1976 OF THE VILLAGE OFFICER, ONGALLUR I VILLAGE.

EXHIBIT-P3:

TRUE COPY OF MEMORANDUM OF APPEAL DATED 1.1.2014 AND NUMBERED AS A.A.NO.12/2014 FILED BEFORE THE APPELLATE AUTHORITY (LAND REFORMS), THRISSUR.

EXHIBIT-P4:

TRUE COPY OF MEMORANDUM OF APPEAL DATED 28.2.2014 AND NUMBERED AS A.A.NO.22/2014 FILED BEFORE THE APPELLATE AUTHORITY (LAND REFORMS), THRISSUR.

EXHIBIT-P5:

TRUE COPY OF REPRESENTATION DATED 28.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT-P6:

TRUE COPY OF REPRESENTATION DATED 28.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT-P7:

TRUE COPY OF REPRESENTATION DATED 19.1.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT-P8:

TRUE COPY OF ORDER DATED 10.12.1996 IN C.R.P.NO.1561/1990 PASSED BY THIS HON'BLE COURT.

EXHIBIT-P9:

TRUE COPY OF CIRCULAR NO.H.R.5/397/97 DATED 04.02.1997 ISSUED BY COMMISSIONER, HR & CE.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ VPS PS TO JUDGE

P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.

W.P.(C) No.2900 of 2015 -------------------------- Dated this the 9th day of February, 2015

J U D G M E N T

P.N.Ravindran, J.

The prayer in this writ petition filed by a devotee of Ongallur Thaliyil Ganapathi Temple is for a writ in the nature of mandamus commanding the Malabar Devaswom Board to appear before the Appellate Authority (Land Reforms), Thrissur, and to do the needful to support the contentions of the appellant in Appeal Nos.12 of 2014 & 22 of 2014 presently pending before the Appellate Authority (Land Reforms), Thrissur.

2. When the writ petition came up for admission hearing before us on 2.2.2015, we directed the learned standing counsel for the Malabar Devaswom Board to get instructions. When the writ petition came up for further hearing today, Sri.K.R.Sunil, learned standing counsel appearing for the Malabar Devaswom Board submitted that Appeal Nos.12 of 2014 & 22 of 2014 stand posted before the Appellate Authority (Land Reforms), Thrissur, today (9.2.2015), that an officer of the Malabar Devaswom Board will appear before the Appellate Authority today and take steps to participate in the proceedings before the Appellate Authority (Land Reforms), Thrissur.

W.P.(C) No.2900/2015 Learned standing counsel submitted that the Malabar Devaswom Board will support the appellant in Appeal Nos.12 of 2014 & 22 of 2014 and therefore, no further orders are called for in the instant writ petition. We accordingly close the writ petition recording the submission made by the learned standing counsel for the Malabar Devaswom Board that an officer of the Malabar Devaswom Board will appear and participate in Appeal Nos.12 of 2014 & 22 of 2014 pending before the Appellate Authority (Land Reforms), Thrissur and support the appellant in the said appeals.

P.N.RAVINDRAN, (JUDGE) ANIL K.NARENDRAN, (JUDGE) vps