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High Court of KeralaWP(C)/33829/2014disposed of

P.K.Gangadharan v. The Malabar Devaswom Board, Represented By Its Secretary, Eranhipalam

2015-02-02Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 33829 of 2014 (C) ---------------------------- PETITIONER(S):

-------------- P.K.GANGADHARAN AGED 65 YEARS S/O. P.K.KUTTYKRISHNA PANICKER, CHAIRMAN TRUSTEE BOARD, PARIYANAMPATTA DEVASWOM, P.O KATTUKULAM PALAKKAD DISTRICT, RESIDING AT PRIYAM, MANGALAMKUNNU POST KATTUKULAM, PALAKKAD DISTRICT. 679 514.

BY ADVS.SRI.SANTHEEP ANKARATH SRI.Y.JAFAR KHAN RESPONDENT(S):

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

1. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, ERANHIPALAM, KOZHIKODE 673 006.

2. THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE 673 006.

3. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, CIVIL STATION PALAKKAD 678 001.

4. EXECUTIVE OFFICER SRI PARIYANAMPATTA DEVASWOM, P.O KATTUKULAM 679 514 PALAKKAD DISTRICT.

5. K.LEELA AGED 51 YEARS W/O.SIVAN, KULANGARA HOUSE, PARIYANAMPATTA P.O KATTUKULAM, PALAKKAD DISTRICT, 679 514.

R1 -R 3 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R5 BY ADV. SRI.P.B.SAHASRANAMAN R5 BY ADV. SRI.T.S.HARIKUMAR R5 BY ADV. SRI.K.JAGADEESH R5 BY ADV. SRI.RAAJESH S.SUBRAHMANIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33829 of 2014 (C) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXHIBIT P1. COPY OF ORDER DATED 31.12.08 ISSUED BY THE MANAGER, PARIYANAMPATTA DEVASWOM AND ITS ENGLISH TRANSLATION. EXHIBIT P2. COPY OF ORDER DATED 22.12.10 ISSUED BY THE MANAGER, PARIYANAMPATTA DEVASWOM AND ITS ENGLISH TRANSLATION. EXHIBIT P3. COPY OF ORDER DATED 15.03.11 ISSUED BY THE 3RD RESPONDENT AND ITS ENGLISH TRANSLATION.

EXHIBIT P4. COPY OF CIRCULAR NO.J8-7347/2010/MDB DATED 15.10.10 ISSUED BY MALABAR DEVASWOM BOARD AND ITS ENGLISH TRANSLATION. EXHIBIT P5. COPY OF THE JUDGMENT DATED 18.3.14 IN OS 82/11 PASSED BY THE SUBORDINATE JUDGES COURT, OTTAPALAM.

EXHIBIT P6. COPY OF THE REVISION PETITION DATED 19.4.14 FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P7. COPY OF THE ORDER DATED 20.11.14 IN RP 09/2014 PASSED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.33829 of 2014 ============================ Dated this the 02nd day of February, 2015

JUDGMENT

It is submitted by the learned counsel for the 5th respondent that a new Trustee Board has been constituted and petitioner is no longer the Chairman of the new Trustee Board. Therefore, he cannot question the impugned order.

2.

Learned counsel for the petitioner submits that he needs to verify whether a new committee has been constituted or not. I am of the view, it is open for the new committee to challenge, if aggrieved by the impugned order. Recording submission of the learned counsel for the 5th respondent, leaving all issues open in the Writ Petition, Writ Petition is closed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/02/02/15