High Court of KeralaWP(C)/36786/2009disposed of

Raman Namboodiri v. Deputy Commissioner

2015-12-10Honourable Mr.Justice A.M.Shaffique4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 36786 of 2009 (P) PETITIONER(S):

----------------------- RAMAN NAMBOODIRI, AGED 74, S/O. JANARDHANAN NAMBOODIRI, KIZHAKKE PAKKATHILLAM, KARIVELLOOR P.O., KANNUR DISTRICT.

BY ADVS.SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S):

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

1. DEPUTY COMMISSIONER, MALABAR DEVASWOM, BOARD, CIVIL STATION, KOZHIKODE.

2. EXECUTIVE OFFICER, TTK DEVASWOM, TALIPARAMBA, KANNUR DISTRICT.

* ADDITIONAL R3 IS IMPLEADED.

3. TTK DEVASWOM TRUSTEE BOARD, REPRESENTED BY PRESIDENT, TTK DEVASWOM, THALIPARAMBA, KANNUR DISTRICT.

* IS IMPLEADED AA ADDL.R5 VIDE ORDER DTD.2.7.2010 IN IA.1325/2010. * ADDITIONAL R4-R7 IMPLEADED.

4. NARAYANAN NAMBOOTHIRI, S/O.RAMAN NAMBOOTHIRI, KIZHAKKE PAKKATHILLAM, KARIVELLOOR P.O., KANNUR DISTRICT.

5. VASUDEVAN NAMBTHIRI, S/O.RAMAN NAMBOOTHIRI, KIZHAKKE PAKKATHILLAM, KARIVELLOOR P.O., KANNUR DISTRICT.

6. RAMAN NAMBUTHIRI, S/O.RAMAN NAMBOOTHIRI, KIZHAKKE PAKKATHILLAM, KARIVELLOOR P.O., KANNUR DISTRICT.

* ARE IMPLEADED AS ADDL. R4 TO R6 VIDE ORDER DTD.25.6.2010 IN IA.NO.8564/2010.

R1 BY ADV. SRI.K.R.SUNIL, SC R3 BY ADVS. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR R4 TO R6 BY ADV. SRI.V.N.RAMESAN NAMBISAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 36786 of 2009 (P) APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: PHOTOCOPY OF THE JUDGMENT IN SA.71/94 DTD.23.10.2009. EXT.P2: PHOTOCOPY OF THE COMPROMISE DTD.1.10.2009. EXT.P3: NIL EXT.P4: TRUE COPY OF THE REPRESENTATION DTD.27.1.2010 GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P5: TRUE COPY OF THE RECEIPT FOR THE SAME ISSUED BY THE 3RD RESPONDENT.

EXT.P6: THE PHOTOCOPY OF THE REPLY LAWYER NOTICE DTD.1.12.2010. EXT.P7: A PHOTOCOPY OF THE LETTER DTD.30.12.2009 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.36786 of 2009 Dated this the 10th day of December 2015

J U D G M E N T

This writ petition has been filed seeking the following reliefs: "I. Issue Writ of Mandamus directing the 2nd respondent to appoint the petitioner as melsanthi of the Trichambaram and Kanhirangad temples in consistent with Exhibit-P1 and P2.

II.

Such other reliefs as this Hon'ble Court may deems fit and proper.

III.

Award cost to the petitioner."

During the pendency of the writ petition, the petitioner submitted Ext.P4 application to the President of the Devaswom Trustee Board seeking for appropriate reliefs. The learned counsel for the petitioner submits that he will be satisfied with the disposal of the writ petition directing the Trustee Board, additional 3rd respondent to dispose of Ext.P4.

Having regard to the aforesaid limited claim raised by the petitioner, this writ petition is disposed of directing the 3rd respondent to consider Ext.P4 and pass appropriate orders within

W.P.C.No.36786/2009 a period of three months from the date of receipt of a copy of this judgment.

(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr //True Copy// PA to Judge