High Court of KeralaWP(C)/3525/2015disposed of

M.P.Kesavan v. State Of Kerala

2015-09-16Honourable Mr. Justice A.Muhamed Mustaque6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 --------------------------- PETITIONER(S):

-------------- M.P.KESAVAN, S/O. DEVAKI BRAHMANI, 11/596-3, PRANAVAM, INDIRA NAGAR, KUTTUMUKKU, R.V. PURAM P.O.

THRISSUR, PIN -680 631.

BY ADVS.SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.M.JAYAKRISHNAN SRI.V.L.MONY RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION KOZHIKODE - 673 001.

3. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, CIVIL STATION, KOZHIKODE.

4. P.C. VELAYUDHAN KUTTY., S/O. MAMBULAKKAL KUNJURAMAN NAIR, VISHNUSREE MUNDPARAMBU P.O., MALAPPURAM - 676 509.

5. HARIDASAN K.P.

S/O.BALAKRISHNAN NAIR V.P., SREE HARI HOUSE, KAVUNGAL MALAPPURAM-676505.

6. PRADEEP KUMAR C., S/O. GOPALAN C., CHUNGAPPALLY HOUSE, MUNAMPADY, MALAPPURAM - 676 509.

7. PRASAD K., S/O. AMBUKUNJI, KONOOR HOUSE, KALAMPADI, MALAPPURAM-676505.

8. THE EXECUTIVE ENGINEER, TRIPURANTHAKA DEVASWOM, MALAPPURAM-676505.

9. THE INSPECTOR, OFFICE OF THE INSPECTOR, MALABAR DEVASWOM BOARD, MANJERI DIVISION, MALAPPURAM.

R2 & 3 BY SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R4,R5-R7 BY ADV. SRI.K.MOHANAKANNAN R4,R5&7 BY ADV. SMT.A.R.PRAVITHA R2,R3 & 9 BY SRI.PARTHASARATHY B, SC, MALABAR DEVASWOM BOARD BY GOVERNMENT PLEADER SMT.C.K.SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

APPENDIX PETITIONER(S)' EXHIBITS :

EXHIBIT-P1TRUE COPY OF THE SCHEME.

EXHIBIT-P2TRUE COPY OF THE ORDER DATED 30/07/2014 OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD.

EXHIBIT-P3TRUE COPY OF THE NOTIFICATION DATED 18/03/2014. EXHIBIT-P4TRUE COPY OF THE INSPECTION REPORT DATED 25/06/2014 ALONG WITH THE DETAILS OF APPLICANTS SUBMITTED BY THE INSPECTOR, MALABAR DEVASWOM BOARD, MANJERI.

EXHIBIT-P5TRUE COPIES OF THE INFORMATION SOUGHT AND THE DOCUMENTS RECEIVED UNDER RT ACT SHOWING 4TH RESPONDENT CONTESTED LOCAL SELF GOVERNMENT ELECTION AS CONGRESS CANDIDATE. EXHIBIT-P6TRUE COPY OF THE UDF MANIFESTO OF 2005 ELECTION SHOWING 5TH RESPONDENT AS A CANDIDATE OF UDF.

EXHIBIT-P7TRUE COPY OF THE SRO NO. 480/2014 AMENDING THE KERALA GOVERNMENT SERVANT'S CONDUCT (AMENDMENT) RULES, 2014. EXHIBIT-P8TRUE COPY OF THE COMMON JUDGMENT DATED 27/10/2005 OF THE DIVISION BENCH IN W.P(C) 18989/2004, W.P(C) 6718/2004 AND CONNECTED CASES.

EXHIBIT-P9TRUE COPY OF THE ORDER DATED 24/04/2006 OF THE HONOURABLE SUPREME COURT IN S.L.P 4121/2006.

EXHIBIT-P10TRUE COPY OF THE JUDGMENT DATED 11/06/2008 IN W.P(C) 36545/2005.

EXHIBIT-P11TRUE COPY OF THE ORDER DATED 29/03/2004 IN W.P(C) 6718/2004. RESPONDENT(S)' EXHIBITS :

EXHIBIT-R1(A)- TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (C) 10691/2014 DATED 11/04/2014 EXHIBIT-R1(B)- TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT NO.2/3296/2014/MDB DATED 06/10/2014.

EXHIBIT-R1(C)- TRUE COPY OF THE ORDER PASSED BY THE DEPUTY COMMISSIONER A4-1154/2014/MDB/K.DIS. DATED 16/01/2015.

EXHIBIT-R1(D)- TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C)10691/2014 DATED 19/01/2015.

XHIBIT-R1(E)- TRUE COPY OF THE STATEMENT SUBMITTED BY THE THEN HEREDITARY TRUSTEE BEFORE THE DEPUTY COMMISSIONER ON 15/12/2005. /TRUE COPY/ P.A.TO JUDGE RVS.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No.3525 of 2015 ---------------------------------------- Dated this the 16th day of September, 2015

J U D G M E N T

The petitioner, aggrieved by the appointment of NonHereditary Trustees in Thripuranthaka Devaswom, Malappuram, has approached this Court. According to the petitioner, certain politicians have been appointed overlooking the guidelines and directions in the judgment of this Court, which is produced as Ext.P8. Petitioner also now refers to Exts.P5 and P6 to substantiate his claim that certain persons belonging to political parties have been appointed .

2. Learned Standing Counsel submitted that the petitioner has a statutory remedy before the Commission for Devaswom. Party respondents dispute the allegation of the petitioner that they do belong to any political parties.

3. The question raised by the petitioner is a disputed question of fact. It requires a factual probe. In that view of the matter, the

WP(C).NO.3525 of 2015 :-2-:

petitioner has to resort to statutory remedy by filing revision. Therefore, this writ petition is disposed of with the following directions:- If the petitioner files a revision under Section 18 before the second respondent within two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the Commissioner after hearing the petitioner and the party respondents within a period of two months from the date of moving such application. This writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

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