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/