JUDGMENT

Anil K. Narendran, J.

The petitioner claims customary position of ‘Tantri’, being the eldest male member of the Ozhallur Pathirissery Illam, which is having Tantric Rights over the 10 temples, which are controlled institutions under the Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Deputy Commissioner, Malabar Devaswom Board to consider and pass orders on Ext.P4, i.e., O.A.No.18 of 2022, which is an application filed under Section 57(e) of the Madras Hindu Religious and Charitable Endowments Act, 1951 and Ext.P6, i.e., I.A.No.45 of 2022 in O.A.No.18 of 2022, as expeditiously as possible, and till such time, direct the 4th respondent Executive Officer to permit the petitioner to do the Tantric Rights with respect to Sree Azhakodi Devi Temple.

2. On 21.12.2022, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board sought time to get instructions.

3. Heard the learned counsel for the petitioner and also the learned Standing Counsel for Malabar Devaswom Board for respondents 1 to 3. Considering the nature of relief proposed to be granted, service of notice on respondents 4 and 5 is dispensed with.

4. Ext.P6 interlocutory application, i.e., I.A.No.45 of

2022 in O.A.No.18 of 2022, is one filed seeking an interim direction to the 3rd respondent Deputy Commissioner to permit the petitioner to do the Tantric Rights in Sree Azhakodi Devi Temple.

5. The learned Standing Counsel for Malabar Devaswom Board would point out that the 5th respondent has already entered appearance and filed counter in O.A.No.18 of

2022 and also in I.A.No.45 of 2022.

6. Having considered the submissions made by the learned counsel for the petitioner and also the learned Standing Counsel for Malabar Devaswom Board, this writ petition is disposed of by directing the 3rd respondent Deputy Commissioner to consider Ext.P6 interlocutory application, i.e., I.A.No.45 of 2022 in O.A.No.45 of 2022 and pass appropriate orders thereon, with notice to the petitioner, the 5th respondent and any other affected parties, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in O.A.No.18 of 2022 and it is for the 3rd respondent to take an appropriate decision in the matter, strictly in accordance with law. Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE AV/26/12 APPENDIX OF WP(C) 41718/2022 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE DEATH CERTIFICATE DATED 01.01.2022 ISSUED BY THE PANCHAYAT.

Exhibit P2 PHOTOCOPY OF THE REPRESENTATION TO THE COMMISSIONER, MALABAR DEVASWOM BOARD DATED 01.08.2022.

Exhibit P3 PHOTOCOPY OF THE REPRESENTATION TO THE PRESIDENT, MALABAR DEVASWOM BOARD DATED 05.08.2022.

Exhibit P4 PHOTOCOPY OF THE APPLICATION FILED BEFORE THE 3RD RESPONDENT DATED

14.09.2022.

Exhibit P5 PHOTOCOPY OF THE AFFIDAVIT FILED BEFORE THE 3RD RESPONDENT DATED

14.09.2022.

Exhibit P6 PHOTOCOPY OF THE PETITION FILED BEFORE THE 3RD RESPONDENT DATED 14.09.2022.