High Court of KeralaWP(C)/27970/2013dismissed

T.V. Vasudevan v. The State Of Kerala

2015-01-19Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.N.Ravindran3 pages

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 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 27970 of 2013 (U) ---------------------------- PETITIONER:

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1. T.V. VASUDEVAN S/O.GOVINDAN, THAIVALAPPIL, KANTHOOL P O KANNUR DISTRICT.

2. M.KANNAN S/O.KUNHAPPU, 'ASIWARYA', KANTHOOL P O KANNUR DISTRICT.

3. T.P. RAJAN S/O.CHATHUKUTTY NAMBIAR, KANTHOOL P O, KANNUR DISTRICT.

BY ADVS.SRI.MOHAN C.MENON SRI.T.M.KOCHUNNI RESPONDENT(S)/RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001

2. THE MALABAR DEVASWOM BOARD KOZHIKODE, REPRESENTED BY ITS SECRETARY/COMMISSIONER-673001

3. THE COMMISSIONER MALABAR DEVASOWOM BOARD, KOZHIKODE-673001 ADD.R4 IMPLEADED:

ADDL.R4: VALSAN C., AGED 48 YEARS, S/O KUTTIAPPA, RESIDING AT CHERUVADATHIL HOUSE, BAKKALAM, P.O.KANUL, KANNUR DISTRICT.

(IMPLEADED AS PER ORDER DT.19.1.2015 ON I.A.NO.13395/14) R1 BY SR.GOVERNMENT PLEADER SRI A.RENJITH R2-3 BY SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD ADDL.R4 BY ADV. SRI.P.U.SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27970 of 2013 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE ORDER DTD 11.2.11 OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KASARAGOD AT NEELESWARAM AS AUTORISED BY THE 3RD RESPONDENT P2:- TRUE COPY OF THE INTERIM ORDER DTD 9/10/2013 IN WPC NO 24639/13 ISSUED BY THE DIVISION BENCH OF THIS HON'BLE COURT REGARDING MAMMIYOOR DEVASWOM P3:- TRUE COPY OF THE ORDINANCE 43/2013 PUBLISHED IN KERALA GAZETTE DTD 19/7/2013 P4:- TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING OF THE TRUSTREE BOARD FOR ULSAVAM-2014 RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGE dsn

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

-------------------------------------------------- W.P.(C)No.27970 OF 2013 -------------------------------------------------- DATED THIS THE 19th DAY OF JANUARY, 2015

JUDGMENT

P.N.RAVINDRAN, J .

The petitioners are non hereditary trustees of Sree Kadambari Chuzhali Bhagavathi Devaswom, Thaliparamba, Kannur district. In this writ petition, they challenge the amendment to section 39 of the Hindu Religious and Charitable Endowments Act, 1951 by Ordinance No.43 of 2013. They also seek a declaration that they are entitled to continue as non hereditary trustees of Sree Kadambari Chuzhali Bhagavathi Devaswom, Thaliparamba, Kannur district for the full term of five years. 2.

The issue raised by the petitioners is squarely covered against them by the decision of a Division Bench of this Court in Hari Hara Krishnan v. State of Kerala (2014 (4)KLT 576). By the said judgment, this Court repelled the challenge to section 39 of the Hindu Religious and Charitable Endowments Act, 1951 as amended. Consequently, the writ petition fails and it is dismissed.

SD/- P.N.RAVINDRAN, JUDGE SD/- ANIL K.NARENDRAN, JUDGE dsn