High Court Kerala High Court

The Chairman vs The Commissioner Malabar … on 28 May, 2009

Kerala High Court
The Chairman vs The Commissioner Malabar … on 28 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14361 of 2009(M)


1. THE CHAIRMAN,TRUSTEE BOARD,SREE
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER MALABAR DEVASWOM,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER,MALABAR

3. B.P.PADMANABHAN,S/O.ANDI BHAKA,BATHERY

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :28/05/2009

 O R D E R
                  P.R. RAMAN & P. BHAVADASAN, JJ.
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                        W.P.(C) NO. 14361 OF 2009
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            DATED THIS, THE 28TH DAY OF MAY, 2009.

                             J U D G M E N T

Raman, J.

Petitioner who is aggrieved by the delay in disposal of O.A. 12/2007,

is seeking a writ of mandamus for appropriate direction to the second

respondent – Deputy Commissioner to dispose of the same. Admittedly, as

of now, there is an interim stay against him by Ext.P3, though during the

interregnum period Ext.P3 was stayed in revision by the Commissioner . In

view of the final order passed against Ext.P3 by the Commissioner directing

the Deputy Commissioner to take a decision in the matter, the interregnum

order passed stands vacated and as a result, Ext.P3 is in force. Utsavam is

coming in June, 2009. We cannot possibly direct the Deputy Commissioner

to take a final decision before that and in the last moment petitioner has

come to this Court and this belated application to that extent cannot be

considered. However, since the main application is pending, we direct the

WP(C) 14361/2009 :2:

Deputy Commissioner to expedite hearing of the case in accordance with

law, as early as possible.

The writ petition is disposed of as above.

P.R. RAMAN, JUDGE.

P. BHAVADASAN, JUDGE.

KNC/-