IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38174 of 2008(T)
1. NANDIYARVALLI NARAYANAN NAMBOODIRI,
... Petitioner
Vs
1. COMMISSIONER, MALABAR DEVASWOM BOARD,
... Respondent
2. ASSISTANT COMMISSIONER, MALABAR
3. NARAYANAN NAMBOODIRI, THEKKEDATH MANA,
4. GOVERNMENT OF KERALA,
For Petitioner :SMT.PRABHA R.MENON
For Respondent :SRI.P.N.KRISHNANKUTTY ACHAN(SR.)
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :12/03/2009
O R D E R
P.R.RAMAN & P.S.GOPINATHAN, JJ.
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W.P.(C) No.38174 of 2008
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Dated, this the 12h day of March, 2009
JUDGMENT
P.R.Raman, J.
The dispute is between the petitioner and the third
respondent regarding their right as to who is entitled to be the thantri
of the Sri Tricherummanna alias Sri Kottiyoor Temple. While the
petitioner in the writ petition would submit that he is the seniormost
member entitled to be the thantri of the temple, the third respondent
would submit that he is the rightful claimant for the above post. The
question as to whether the petitioner or the third respondent has got a
preferential claim to be appointed as thantri of the temple is a civil
dispute. Evidence will have to be taken both oral and documentary
and, as a matter of fact, both sides have placed voluminous
documents. Being a disputed question of fact, it is necessary to enter
a finding after taking evidence in the matter, both oral and
documentary. Therefore, declining jurisdiction under Article 226 of the
Constitution of India and relegating the parties to the civil court for
resolving their dispute, this writ petition is closed.
P.R.RAMAN, JUDGE
P.S.GOPINATHAN,JUDGE
vns