High Court of KeralaWP(C)/3810/2015disposed of

Pradeep Kumar. T.V v. Assistant Commissioner, Malabar Devaswam Board

2015-05-27Honourable Mr. Justice Sunil Thomas,Honourable Mr.Justice Thottathil B.Radhakrishnan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 3810 of 2015 (A) --------------------------- PETITIONERS:

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1. PRADEEP KUMAR. T.V S/O.KUNHAMBU NAMBIAR, KIZHUPALATT HOUSE, PO.M.M.BAZAR PEROOL, KANNUR DISTRICT.

2. AKHIL.K.M, GOKULAM HOUSE, VELLUR AMSOM, PO.VELLUR PAYYANUR, KANNUR DISTRICT.

BY ADV. SRI.M.V.AMARESAN RESPONDENTS:

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1. ASSISTANT COMMISSIONER, MALABAR DEVASWAM BOARD KASARAGOD DIVISION, KASARAGOD PIN-671 120.

2. P.K.BALAKRISHNAN NAMBIAR, CHAIRMAN, BOARD OF TRUSTEE, CHAMAKKAVU TEMPLE VELLUR, PO.VELLUR, KANNUR DISTRICT PIN-670307.

3. DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE DISTRICT PIN-671120.

4. COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE DISTRICT PIN-671120.

R1,R3 & R4 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R2 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3810 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1 TRUE COPY OF LETTER DATED 8-11-2011,SENT BY IST RESPONDENT TO 4TH RESPONDENT EXT.P2 TRUE COPY OF REPOT SUBMITTED BY THE LAND PROTECTION SPECIAL TEAM OF HR & CE(ADMINISTRATION)DEPARTMENT EXT.P3 TRUE COPY OF LETTER BEARING NO.A3-140/2008/MDB DATED 06-07-2011 ISSUED BY 1ST RESPONDENT EXT.P4 TRUE COPY OF A MEMORANDUM DTAED 20-06-2014 ISSUED BY THE PETITIONERS AND OTHERS EXT.P5 TRUE COPY OF LETTER DATED 22-12-2014 FORWARDED BY THE DISTRICT COLLECTOR,KANNUR TO THE 1ST RESPONDENT EXT.P6 TRUE COPY OF JUDGMENT IN W.P(C)31575/2014 DATED 9-1-2015 PASSED BY THIS HON'BLE HIGH COURT.

EXT.P7 TRUE COPY OF THE ENQUIRY REPORT NO.13-5560/2014/MD.B(1) DATED 28.01.2015 ISSUED FROM the 1st RESPONDENT EXT.P8 TRUE COPY OF THE RECOMMENDED DISCIPLINARY ACTIONS TO BE TAKEN NO.A3 5560/2014/MDB920 DATED 28.01.2015 BY THE 1st RESPONDENT RESPONDENT(S)' EXHIBITS:NIL True Copy / P.A. to Judge

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

============================== W.P(C).No.3810 of 2015 ============================== Dated this the 27th day of May, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

We have perused the pleadings and the statement of the counsel for the second respondent. The complaint of the petitioners is against the private respondent who has allegedly encroached into lands belonging to the temple which is an institution which falls within the control of the Malabar Devaswom Board. Obviously therefore under the relevant Statute, the jurisdiction is with the appropriate statutory authority to take necessary steps and consider such complaints in accordance with law, after affording due opportunity of hearing to the necessary parties. This writ petition is ordered without expressing anything on merits but directing that the official respondents will do the needful in terms of the aforesaid at the earliest.

Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge Sbna