High Court of KeralaWP(C)/19199/2014disposed of

Jayachandran Nambuthiri v. The Commissioner

2015-06-03Honourable 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 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 19199 of 2014 (Y) ---------------------------- PETITIONER:

---------- JAYACHANDRAN NAMBUTHIRI AGED 62 YEARS S/O NARAYANAN NAMBUTHIRI, THE FIT PERSON, SRI MAKERI DEVASWAM, KURINGOTTILLAM, PURAERI (P.O) VADAKARA BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE RESPONDENTS:

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1. THE COMMISSIONER MALABAR DEVASAM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM KOZHIKODE 673006

2. THE DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMINISTRATION) DEPARTMENT CIVIL STATION, KOZHIKODE 673020

3. SRI MAKKERI DEVASWAM REPRESENTED BY ITS EXCUTIVE OFFICER, MAKKERI (P.O) KANNUR DISTRICT 670622

4. PARAMESWARA PODUVAL, S/O DAMODAR PODUVAL, THODAYIL ILLAM, MAKKERI (P.O) KANNUR DISTRICT 670622 R1 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R3 BY ADV. SRI.K.V.SOHAN R3 BY ADV. SMT.SREEJA SOHAN.K.

R4 BY ADV. SRI.P.R.SREEJITH R4 BY ADV. SRI.M.PRAMOD KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19199 of 2014 (Y) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24-03-2003 ISSUED BY THE 2ND RESPONDENT APPOINTING THE PETITONER AS THE FIT PERSON EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE PETITIONER BEFORE THE 2ND RESPONDENT ON 08-10-2013 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE PETITIONER BEFORE THE 2ND RESPONDENT ON 04-12-2013 EXHIBIT P4 TRUECOPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE REPLY DATED 28-06-2014 RECEIVED BY THE PETITIONER TO EXHIBIT P4 APPLICATION RESPONDENT(S)' EXHIBITS:NIL

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

============================== W.P(C).No.19199 of 2014 ============================== Dated this the 03rd day of June, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

This writ petition is filed complaining that a particular representation has not been acted upon. We have seen the rival contentions which would ultimately emanate. Under such circumstances, we direct that the representation of the petitioner pending with the second respondent shall be taken up and decided upon in accordance with law. All issues on merit are left open. The writ petition is ordered accordingly.

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