High Court Kerala High Court

Vijayakumaran vs The State Of Kerala on 21 November, 2006

Kerala High Court
Vijayakumaran vs The State Of Kerala on 21 November, 2006
       

  

  

 
 
  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.

                       -------------------------------

                         W.P.(C) No.30766 of 2006

                       -------------------------------

            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