High Court of KeralaWP(C)/24360/2015disposed of

M.P.Unnikrishnan Nambisan v. State Of Kerala

2015-09-175 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H WP(C).No. 24360 of 2015 (T) ---------------------------- PETITIONERS :

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1. M.P.UNNIKRISHNAN NAMBISAN AGED 73 YEARS S/O.PARVATHI BRAHMANI AMMA, KRIPA, THRIKKUTTISSERI VIA. NADUVANNOOR, VAKAYAD P.O.

KOZHIKODE DISTRICT -673 614.

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

BY ADVS.SMT.SREEDEVI KYLASANATH SRI.M.JAYAKRISHNAN SRI.ACHUTH KYLAS SMT.SHALEENA RAJAN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM.

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

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.

R2-R4 BY ADV. SRI.PARTHASARATHY.B, SC, MALABAR DEVASWOM BOARD BY SR.GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24360 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------- EXT.P-1: TRUE COPY OF THE ORDER NO.K.DIS. A2-1471/2000 DATED 21.8.2000 OF 3RD RESPONDENT APPOINTING M.P.NARAYANAN NAMBISAN AS FIT PERSON OF M.P.S.NAMBISAN EXT.P-2: TRUE COPY OF THE INTERIM ORDER DATED 11.4.2014. IN WPC 10691/2014 EXT.P-3: TRUE COPY OF THE ORDER DATED 3RD SEPTEMBER, 2014 IN WPC 10691/2014 EXT.P-4: TRUE COPY OF THE ORDER DTD 30.9.14 THE APPOINTMENT OF HEREDITARY TRUSTEE EXT.P-5: TRUE COPY OF THE APPLICATION SUBMITTED BY HEREDITARY TRUSTEE FOR THE APPOINTMENT OF FIT PERSON DTD 14.10.2014 EXT.P-5(A): TRUE COPY OF THE CONSENT LETTER OF FIT PERSON DATED 14.10.2014 EXT.P-6: TRUE COPY OF THE ORDER NO.A4-1154/2014/MDB (KPS) DATED 16.1.2015 OF 3RD RESPONDENT EXT.P-7: TRUE COPY OF JUDGEMENT IN WPC 10691/2014 EXT.P-8: TRUE COPY OF THE JUDGEMENT DATED 30.3.2015 IN WPC 7484/2015 EXT.P-9: TRUE COPY OF THE SCHEME OF THE TRIPURANTHAKA DEVASWOM EXT.P-10: TRUE COPY OF THE APPLICATION MADE BY THE IST PETITIONER ON 1.2.2015 FOR THE EXTENSION OF FIT PERSON.

EXT.P-10(A): TRUE COPY OF THE CONSENT LETTER OF 2ND PETITIONER EXT.P-10(B): TRUE COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF EXHIBIT P-10 APPLICATION.

RESPONDENT(S)' EXHIBITS :- NIL.

----------------------- True copy P.A to Judge

ANIL K.NARENDRAN, J.

---------------------------------------- W.P.(C)No.24360 of 2015 ----------------------------------------- Dated this the 21st day of August, 2015

JUDGMENT

According to the petitioners, Sree Tripuranthaka Temple is a shrine of Lord Shiva in Malappuram district, occupying a prominent position among the Hindu devotees. It is a very old temple in st petitioner is the Hereditary Trustee. The 2 nd Malappuram. The 1 petitioner is the Fit person nominated by the hereditary trustee. st petitioner, hereditary trustee is aged 87 years. He is The 1 permanently settled at Thrikkuttisseri, Koyilandi Taluk, Kozhikode district. Due to old age physical weakness and ill-health presently he is unable to discharge duties as hereditary trustee of Tripuranthaka Devaswom effectively. Because of his old age, st petitioner requested respondents 2 to 4 to physical infirmity, 1 nd petitioner herein as his Fit Person to discharge the appoint 2 functions of hereditary trustee of Tripuranthaka Devaswom on his nd respondent appointed 2 nd petitioner as the Fit Person of behalf. 2 st petitioner w.e.f. 1.5.2014 for a period of one year subject to certain terms and stipulations.

W.P.(C).No.24360 of 2015 2.

The Division Bench of this Court vide judgment dated 19.1.2015 in W.P.(C).No.10691/14(J) reserved petitioners' liberty to institute other appropriate proceedings if aggrieved by the terms and nd stipulations in the proceedings dated 16.1.2015 of the 2 respondent appointing Fit Person. Subsequently as per the direction nd respondent.

issued by this Court, an appeal was filed before the 2 The term of Fit Person expired on 30.4.2015. Even though application for extension of term of Fit Person was submitted before th respondent, no orders are issued and administrative decisions are taken in the absence of Hereditary Trustee and Fit person in violation of the Statutory provisions. It was in such circumstances, the petitioners have approached this Court in this Writ Petition seeking various reliefs.

Heard the arguments of the learned counsel for the petitioners and also the learned Standing Counsel for the Malabar Devaswom Board.

Without going into the merits of the rival contentions, st I deem it appropriate to dispose of this Writ Petition directing the 1 rd petitioner to submit an appropriate application before the 3

W.P.(C).No.24360 of 2015 nd petitioner to function respondent seeking an order to permit the 2 st petitioner, in the light of Section 47(3) of the as Fit Person of 1 H.R. & C.E. Act. If such an application is received, within two weeks from today, the said respondent shall consider the same and pass appropriate orders thereon, within one month thereafter, with notice rd respondent to consider to the petitioners. It would be open to the 3 nd petitioner can be permitted to function as the Fit whether the 2 Person, provisionally during the pendency of that application. The Writ Petition is disposed of as above.

ANIL K.NARENDRAN, JUDGE skj