High Court Kerala High Court

B. Gopalakrishna Bhat vs The District Collector on 13 February, 2009

Kerala High Court
B. Gopalakrishna Bhat vs The District Collector on 13 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4288 of 2009(I)


1. B. GOPALAKRISHNA BHAT,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SREELAKSHMINARASIMHA TEMPLE

                For Petitioner  :SRI.P.VINODKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :13/02/2009

 O R D E R
                     T.R. Ramachandran Nair, J.
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                       W.P.(C) No.4288 of 2009-I
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             Dated this the 13th day of February, 2009.

                                JUDGMENT

This writ petition is filed by the petitioner contending that the

authorities of the second respondent temple are preventing his right to

conduct his profession as Archaka (Santhi). It is therefore contended that

the fundamental rights of the petitioner are violated by the stand taken by

the temple authorities.

2. There is a dispute between the petitioner and the second

respondent which is pending in appeal before the Deputy Commissioner

under the H.R. & C.E. The appeal was filed pursuant to a Ext.P2 order by

which the second respondent terminated his services.

3. None of the provisions of the H.R. & C.E. Act empowers the

District Collector to adjudicate such a dispute. If the right to carry his

profession as Archaka is being interfered with by any action of the temple

authorities, he will have to resort to proper legal remedies. The District

Collector being not the empowered authority in the matter, this court cannot

compel the District Collector to consider and pass orders on Ext.P4

representation.

Wpc 4288/2009 2

Therefore, the writ petition is disposed of giving liberty to the

petitioner to agitate his right before the appropriate forum.

(T.R. Ramachandran Nair, Judge.)

kav/