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2022 Supreme(Online)(Ker) 78281

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DIPIN.K.M – Appellant
Versus
THE COCHIN DEVASWOM BOARD – Respondent
WP(C) 4502/2022



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 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943 W.P.(C) NO.4502 OF 2022 PETITIONERS:

1 DIPIN.K.M AGED 43 YEARS, KUNNTHULLY VEEDU, PANTHALUR P.O, CHOWANNUR (PART), THRISSUR - 680 517.

2 M.A.SREENIVASAN S/O. APPUKUTTY, MUCHIRUPARAMBIL, PANTHALLUR, CHOWANNUR (PART), THRISSUR - 680 517.

3 V.A SUNIL KUMAR S/O. AYYAPPAN, VARIYATHPARAMBIL, PANTHALUR P.O, CHOWANNUR (PART0, THRISSUR - 680 517.

4 RAVINDRAN K.R.

S/O. RAMAN, PALLIKRA, PANTHALUR, CHOWANNUR P.O (PART), THRISSUR - 680 517.

5 MOHANAN V.S., S/O. SUBRAMANIAN, VALLIKKATTIRI HOUSE, PANTHALUR P.O, CHOWANNUR (PART), THRISSUR - 680 517.

6 MAGHESH P.M., S/O. MOHANAN, PANTHALUR, CHOWANNUR P.O, KUNNAMKULAM, THRISSUR - 680 503.

7 SUKUMARAN K.K S/O. KUTTAN, KUNNATHULLI, PANTHALLUR, KUNNAMKULAM, THRISSUR - 685 503.

BY ADVS.

ARUN MATHEW VADAKKAN A.P.VASAVAN RESPONDENT/S:

1 THE COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR - 680 021.

2 THE SECRETARY.

COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR - 680 021.

3 K.G SAHADEVAN, S/O. GOPALAN, KANDIRITHI HOUSE, PANDALLUR, CHOWANNUR P.O, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680 517.

4 N.A VELAYUDHAN S/O. APPU, NELLICKAL HOUSE, PANDALLUR DESOM, CHOWWANUR P.O, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 517.

5 P.C SUDHEESH S/O. CHANDRAN, PALLIKKARA HOUSE, PANDALLUR DESOM, CHOWANNUR P.O, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 517.

6*

PANTHALUR SHIVA BHAGAVATHY KSHETRA BHARANA SAMITHY XIII/178 CHOWANNUR GRAMA PANCHAYAT, PANTHALUR, CHOWANNUR.P.O., THRISSUR-680517, REPRESENTED BY ITS MANAGING TRUSTEE.

7* SASIDHARA RAJA, AGED 83, MANAGING TRUSTREE OF PANTHALUR SHIVA BHAVATHY KSHETRA BHARANA SAMITHY, S/O. CHITRAN NAMBOOTHIRIPADU, ASWATHY, CHRALAYAM PALACE, CHIRALAYAM, KUNNAMKULAM.P.O., THRISSUR DISTRICT-680503.

*ADDL.R6 AND R7 IMPLEADED AS PER ORDER DATED

11.02.2022 IN I.A.NO.1 OF 2022.

BY ADVS.

K.S.SAJEEV KUMAR MOHANDAS K.CHACKO SMITHA.E.MOHAN RAMESH.P.N.

PAREETH K B. K.HABEEBULLA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The 1st petitioner is the trustee and the 2nd petitioner is the President of Pandallur Devaswom. The petitioners 3 to 7 are the members of the Administrative Committee of the Temple. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 order dated 04.02.2022 of the 1st respondent Cochin Devaswom Board, whereby the 1st petitioner was removed from the trusteeship and other petitioners were removed from the administration of the Temple in question. The petitioners have also sought for a direction to respondents 1 and 2 to allow the 1st petitioner to continue as trustee and allow other petitioners to continue as Administrative Committee members of the Temple.

2. On 10.02.2022, when this writ petition came up for admission, the learned counsel for the petitioners sought time to file an application to implead the Kshetra Bharana Samithy and also its Managing Trustee, Sri. Sasidhara Raja, as additional respondents in this writ petition. By the order dated 11.02.2022 in I.A.No.1 of 2022, the said Samithy and its Managing Trustee were impleaded as additional respondents 6 and 7.

3. On 15.02.2022, the petitioners filed I.A.No.2 of 2022 seeking an order to accept Exts.P6 to P18 as additional documents. On 15.02.2022, the respondents 6 and 7 have filed a detailed counter affidavit opposing the reliefs sought for in this writ petition. On 21.02.2022, the petitioners have filed a reply affidavit to the counter affidavit filed by respondents 6 and 7.

4. Heard the learned counsel for the petitioners, the learned Standing Counsel for Cochin Devaswom Board for respondents 1 and 2, and also the learned counsel for the party respondents.

5. During th

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