IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30766 of 2006(K)
1. VIJAYAKUMARAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE PRINCIPAL SECRETARY,
3. THE COMMISSIONER, HINDU RELIGIOUS
4. THE DEPUTY COMMISSIONER,
5. THE EXECUTIVE OFFICER,
6. M.V. SANKARA WARRIER,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/11/2006
O R D E R
V.K. BALI, C.J. & S.SIRI JAGAN, J.
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W.P.(C) No.30766 of 2006
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Dated, this the 21st day of November, 2006
JUDGMENT
V.K.Bali,C.J.(Oral)
Challenge in the present petition is to Ext.P7 which is an
interim order passed by the Principal Secretary to Government of
Kerala. By the order aforesaid, the petitioner herein has been
prohibited to function as non hereditary trustee of Sree
Kadampuzha Bhagavathi Temple. Concededly, it is an interim
order. Learned counsel for the petitioner contends that an
appropriate application for vacating the stay ordered vide Ext.P7
was made on 29.9.2006 (Ext.P8), but no decision has been taken
on the same thus constraining the petitioner to rake up the issue
by way of writ petition.
2. We have heard learned counsel appearing for the
petitioner and examined the records of the case. We are of the
view that the order Ext.P7 had temporarily, even though,
debarred the petitioner to function as a non hereditary trustee.
It was an order adversely affecting the right of the petitioner and
W.P.(C) No.30766/2006 2
if an application for vacating the said order was made, the same
ought to have been dealt with expeditiously. In totality of the
facts and circumstances of the case we direct the Principal
Secretary to Government, Revenue (Devaswom) Department to
deal with the application Ext.P8 as expeditiously as possible and
pass orders thereon in accordance with law. Till such time order
is passed on Ext.P8, operation of the order Ext.P7 shall remain
suspended.
Writ petition is disposed of accordingly.
V.K. BALI,
CHIEF JUSTICE.
S.SIRI JAGAN,
JUDGE.
vns