IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 22^ND DAY OF MAY 2023/1ST JYAISHTA, 1945 WP(C) NO.6400 OF 2022 PETITIONERS:

1 KIZHAKKINIYAKATH PARAMESWARAN MOOSAD, AGED 67 YEARS, S/O.NEELAKANDAN MOOSAD, THRIKKANDIYUR, TIRUR, MALAPPURAM DISTRICT, PIN-676101.

2 PADINJATTIYAKATH NARAYANAN MOOSAD, AGED 55 YEARS, S/O.SANKARAN MOOSAD, THRIKKANDIYUR, TIRUR, MALAPPURAM DISTRICT, PIN-676101.

3 THEKKINIYAKATH NARAYANAN MOOSAD, AGED 62 YEARS, S/O.RAMAN MOOSAD, THRIKKANDIYUR, TIRUR, MALAPPURAM, PIN-676101.

4 THATTARAMBATH SANTHOSH, AGED 44 YEARS, S/O.THE LATE RAMAN MOOSAD, THRIKKANDIYUR, TIRUR, MALAPPURAM, PIN-676101.

BY ADVS.

T.KRISHNANUNNI (SR.)

MEENA.A.

VINOD RAVINDRANATH K.C.KIRAN M.R.MINI M.DEVESH ASHWIN SATHYANATH ANISH ANTONY ANATHAZHATH THAREEQ ANVER K.

RESPONDENTS:

1 PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE-673006. 3 ZAMORIN RAJA OF CALICUT, POST CHALAPPURAM, CALICUT-673002.

4 THE EXECUTIVE OFFICER, THRIKKANDIYUR DEVASWOM, THRIKKANDIYUR POST, TIRUR, MALAPPURAM-676104.

BY ADVS.

SRI.M.P.SREEKRISHNAN SRI.A.MUHAMMED MUSTHAFA SRI S.RAJMOHAN , SR GOVERNMENT PLEADER SRI R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.03.2023, THE COURT ON 22.05.2023, DELIVERED THE FOLLOWING:

J U D G M E N T

P.G.Ajithkumar, J.

The petitioners seek a writ of certiorari quashing Ext.

P12 order to the extent it restricts the post of ‘Thrikkovil’ at Thrikkandiyur Siva Temple, Tirur Taluk of Malappuram District to one.

2. The petitioners claim that they are the seniormost members of four Moosad families; namely, Thattarambath, Kizhakkiniyakath, Padinjattiniyakath and Thekkiniyakath, and they have hereditary rights for ‘Thrikkovil’ duty in Thrikkandiyur Siva Temple. It is their claim that their hereditary right has its origin in antiquity and the right has been enjoyed by the seniormost member of each family without any interruption. However, the trustee of the temple, respondent No.3 un-necessarily interfered and an order to the effect that there would be only one post of ‘Thrikkovil’ and the duties shall be performed by the members of the said families in turn was issued in 1998.

3. The Commissioner, HR & CE Department ordered as per Ext.P2 dated 18.11.1999, that there existed four hereditary posts of ‘‘Thrikkovil’ in Thrikkandiyur Siva Temple. However, the 3^rd respondent and also the 4^th respondent did not honour the said order and they did not allow all four to perform their duties. In the meanwhile, the senior most member of the Thattarambath family, who was performing the 'Thrikkovil' duty, died and the 4^th petitioner was befallen with the said right, but, he was not allowed to perform the duties stating one or the other reasons by respondents No. 3 and 4. There arose litigations and in terms of the directions of this Court as per Ext.P9 judgment dated 07.08.2017 in W.P.(C) No.16859 of 2017, the 2^nd respondent considered the dispute concerning the ‘Thrikkovil’ in Thrikkandiyur Siva Temple. The order of the second respondent in that regard dated 06.08.2018 is Ext.P10. It was ordered that there was only one post of ‘Thrikkovil’ in Thrikkandiyur Siva Temple.

4. The petitioners challenged Ext.P10 order before this court by filing W.P.(C)No.30420 of 2018. This Court, as per Ext.P11 judgment dated 26.11.2019, relegated the dispute to the Government in the light of Section 99 of the Hindu Religious and Charitable Endowments Act, 1951.

Accordingly, the matter was considered by the Government in R.P No.32 of 2020 and the claim of the petitioners was rejected as per Ext.P12 order dated 21.12.2021. The said order is challenged by the petitioners in this writ petition stating that the said order is whimsical and the findings in Ext.P2 order should not have varied without a