IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2902 of 2009(U)
1. TRUSTEE BOARD, SREE PAYYAVOOR DEVASWOM
... Petitioner
Vs
1. THE ASSISTANT COMMISSIONER
... Respondent
2. THE MALABAR DEVASWOM BOARD
For Petitioner :SRI.MOHAN C.MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :30/01/2009
O R D E R
P.R. RAMAN & C.T. RAVIKUMAR, JJ.
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W.P.(C) NOS. 2902 & 3086 OF 2009
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Dated this the 30th day of January, 2009
JUDGMENT
Raman J.
The Trustee Board of Payyavoor Devaswom represented by its
Chairman is the petitioner in W.P.(C) No. 2902 OF 2009. The term of
office of the petitioner expires on 4.2.2009. The Utsavam in the temple
will commence on 12.2.2009. According to the petitioner, since there is
hardly any time for reconstitution of the committee and for the proper
conduct of the festival, it is necessary that the present Trustee Board be
given an extension till completion of the festival. The petitioner, therefore,
seeks a Writ of Mandamus directing the first respondent to permit the
Trustee Board to continue in office till a committee is reconstituted or in
the alternative, allow them to continue till the Utsavam is over.
2. Writ Petition No. 3086 of 2009 is filed by one Phalgunan
making certain allegations against the Chairman of the present committee.
Hence, both these Writ Petitions are consolidated. According to the
W.P.(C)NOS.2902 & 3086/2009 2
petitioner in the said Writ Petition, he has submitted a representation to
the authorities concerned raising certain allegations against the petitioner
in W.P.(C) No.2902 of 2009, but the same has not been disposed of.
Counsel appearing for the petitioner in the said Writ Petition has produced
the proceedings issued by the Assistant Commissioner of Malabar
Devaswom Board by which the Chairman of the existing Trustee Board is
directed to hand over the books and other accounts on the expiry of their
term on 4.2.2009. It is also stated in the proceedings that alternate
arrangements are made for conduct of the Utsavam .
3. Since a decision has already been rendered by the Assistant
Commissioner, subject to the right of the petitioner, if any, to challenge
the said order, W.P.(C) No.2902 of 2009 is dismissed.
4. With regard to the allegations made by the petitioner in W.P.(C)
No.3086 of 2009, prima facie, the petitioner has not produced any
materials in support of the allegations. However, if the petitioner produces
prima facie material in support of his allegations before the appropriate
authority and if the authority concerned is satisfied, it will do the needful
after issuing notice to the affected party. W.P.(C) No.3086 of 2009 is
W.P.(C)NOS.2902 & 3086/2009 3
disposed of as above.
Since the present committee will be in office till 4.2.2009,
necessarily whatever steps they have taken in the matter of conducting the
festival will be continued by the successor in office.
(P.R. RAMAN)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C)NOS.2902 & 3086/2009 4
P.R. RAMAN
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NOS. 2902 &
3086/2009
JUDGMENT
30th January, 2009
W.P.(C)NOS.2902 & 3086/2009 5