Balakrishna Thanthri vs the Commissioner

Balakrishna Thanthri vs The Commissioner

Type Court Judgment Court Kerala Decided Aug 14, 2023

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Citation: sooperkanoon.com/1380184
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Aug 14, 2023
Case Number: WP(C)/13087/2013

Parties & Advocates

Appellant / Petitioner

Balakrishna Thanthri

Respondent

The Commissioner

Excerpt

.....the court on the same day delivered the following:judgmentanil k. narendran, j.w.p.(c)no.13087 of 2013:- the petitioner, who was the thantri of kanathur sree mahalingeswara temple, which is a controlled institution under the malabar devaswom board, has filed this writ petition under article 226 of the constitution of india, seeking a writ of certiorari to quash ext.p6 order dated 18.03.2013 of the 1st respondent commissioner, malabar devaswom board in i.a.no.10 of 2012 in a.p.no.6 of 2012, whereby ext.p3 application (i.a.no.10 of 2012) filed by the petitioner for condonation of the delay in filing ext.p2 appeal (a.p.no.6 of 2012) filed before the 1 st respondent commissioner stands rejected for the reason that the provisions under the limitation act, 1963 has no application in an appeal filed under section 61 of the madras hindu religious and charitable endowments act, 1951. 1.2. on 24.06.2013, when this writ petition came for admission, the learned standing counsel for malabar devaswom board took notice for respondents nos.1 and 2. notice was issued to respondents 3 to 8. in the order dated 24.06.2013, it was noticed that the legal question with regard to the applicability of the limitations act was pending before the larger bench of the apex court in the light of the reference order in state of madhya pradesh v. anshuman shukla [(2008) 7 scc 487].2. w.p.(c)no.35189 of 2018:- during the pendency ofw.p.(c)no.13087 of 2013, the petitioner has filed this writ petition seeking a writ of certiorari to quash ext.p4 order dated 28.09.2018 of the 1st respondent deputy commissioner, malabar devaswom board in i.a.nos.62 of 2016 and 63 of 2016 in o.a.no.3 of 2011, whereby those applications were dismissed on the ground that section 5 of the limitation act, 1963 has no application in a matter pending before the 1st respondent. 2.1. on 29.10.2018, when this writ petition came up for admission, it was ordered to be listed on 19.11.2018, along with w.p.(c)no.13087 of.....

Full Judgment

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 AUGUST 2023 / 23RD SRAVANA, 1945 W.P.(C)NO.13087 OF 2013 PETITIONER: BALAKRISHNA THANTHRI AGED 65 YEARS S/O.SUBRAHYA THANTHRI, THANTRIKA SADAN, DELAMPADY, UBRANGULA, KUMBADJE POST, KASARAGOD TALUK, KASARAGOD DIST BY ADVS. SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENTS:
1 THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE-673001 2 THE DEPUTY COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE-673001 3 SREE DHARAN NAIR S/O.PANNAMMA, KAYA HOUSE, P O, KANATHUR-671542 4 C RAMAKRISHNAN S/O.MALINGA NAIR, ERANHIPUZHA HOUSE, KANATHUR -671542 5 B JAYARAJA S/O.KUNHIRAMAN, P O, KANATHUR-671542 6 SUNDARA S/O.ELAMBA, KANATHUR HOUSE, KANATHUR-671542 7 O.ESWARA BHAT S/O.SANKARA BHAT, OTEKAD HOUSE, KANATHUR-671542 8 I K KESAVAN VAZHUNNAVAR S/O.LATE IRUVIL KESHAVA, THANTRI, IRUVIL ILLOM,
PULLUR, HOSDURG, KASARAGOD - 671315 BY ADVS. SRI.K.M.MUHAMMED HUSSAIN SRI.K.T.SHYAMKUMAR SRI.K.M.MUHAMMED HUSSAIN SMT.P.K.PRIYA SRI.K.T.SHYAMKUMAR SRI.K.V.SREE VINAYAKAN SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD SRI.T.K.VIPINDAS OTHER PRESENT: SRI R.LAKSHMI NARAYAN - STANDING COUNSEL - MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2023, ALONG WITH WP(C).35189/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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 AUGUST 2023 / 23RD SRAVANA, 1945 W.P.(C)NO.35189 OF 2018 PETITIONERS: BALAKRISHNA TANTRI AGED 70 YEARS AGED 70 YEARS, S/O.SUBHRAYA THANTHRI, RESIDING AT THANTHIRKA SADAN, DELAMPADY, UBRAGUALA KUMBADJE P.O., KASARAGOD DISTRICT. BY ADVS. M.RAMESH CHANDER (SR.) SMT.K.A.SANJEETHA SRI.BALU TOM RESPONDENTS:
1 DEPUTY COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE-673 006. 2 THE MANAGING TRUSTEE ALANGODLU SREE MAHALINGESWARA TEMPLE, P.O. NEKRAJE, KASARAGOD, REP. BY P.S. PUNICHITHAYA, PUNDDOR - KARADKE HOUSE, P.O. KARADKE, KASARAGODE -671 542. 3 THE PRESIDENT ALANGODLU SREE MAHALINGESWARA TEMPLE, P.O. NEKRAJE, KASARAGOD, REP. BY P. PURUSHOTHAMA PUNICHITHAYA, NEERMAJA HOUSE, KAKKABETTUE, BELLUR, KASARAGODE -671 543.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2023, ALONG WITH WP(C).13087/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

W.P.(C)No.13087 of 2013:- The petitioner, who was the Thantri of Kanathur Sree Mahalingeswara Temple, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 order dated 18.03.2013 of the 1st respondent Commissioner, Malabar Devaswom Board in I.A.No.10 of 2012 in A.P.No.6 of 2012, whereby Ext.P3 application (I.A.No.10 of 2012) filed by the petitioner for condonation of the delay in filing Ext.P2 appeal (A.P.No.6 of 2012) filed before the 1 st respondent Commissioner stands rejected for the reason that the provisions under the Limitation Act, 1963 has no application in an appeal filed under Section 61 of the Madras Hindu Religious and Charitable Endowments Act, 1951. 1.2. On 24.06.2013, when this writ petition came for admission, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents Nos.1 and 2. Notice was issued to respondents 3 to 8. In the order dated 24.06.2013, it was noticed that the legal question with regard to the applicability of the Limitations Act was pending before the Larger Bench of the Apex Court in the light of the reference order in State of Madhya Pradesh v. Anshuman Shukla [(2008) 7 SCC 487].

2. W.P.(C)No.35189 of 2018:- During the pendency of

W.P.(C)No.13087 of 2013, the petitioner has filed this writ petition seeking a writ of certiorari to quash Ext.P4 order dated 28.09.2018 of the 1st respondent Deputy Commissioner, Malabar Devaswom Board in I.A.Nos.62 of 2016 and 63 of 2016 in O.A.No.3 of 2011, whereby those applications were dismissed on the ground that Section 5 of the Limitation Act, 1963 has no application in a matter pending before the 1st respondent. 2.1. On 29.10.2018, when this writ petition came up for admission, it was ordered to be listed on 19.11.2018, along with W.P.(C)No.13087 of 2013. On 19.11.2018, the learned Standing Counsel for Malabar Devaswom Board took notice for the 1 st respondent. Urgent notice by speed post was ordered to respondents 2 and 3.

3. In Ganesan Rep. by its Power Agent G. Rukmani

Ganesan v. Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Board [(2019) 7 SCC 108] the Apex Court held that the suits, appeals and applications referred to in the Limitation Act, 1963 are the suits, appeals and applications which are to be filed in a court and not the suits, appeals and applications which are to be filed before a statutory authority like the Commissioner under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

4. The learned counsel for the petitioner would submit

that the petitioner is no more. In such circumstances, based on the aforesaid submission made by the learned counsel for the petitioner, these writ petitions are dismissed as abated. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE Dxy APPENDIX OF WP(C) 35189/2018 PETITIONER EXHIBITS EXHIBIT P1 PHOTOSTAT COPY OF THE APPLICATION FILED BEFORE THE 1ST RESPONDENT DATED 23.02.2011. EXHIBIT P2 PHOTOSTAT COPY OF THE IA 43/16 FILED BEFORE THE 1ST RESPONDENT DATED 24.10.2016. EXHIBIT P3 PHOTOSTAT COPY OF THE APPLICATION IN IA RESPONDENT DATED 24.10.2016. EXHIBIT P4 PHOTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENT IN IA NO.62/16 AND IA 63/16 IN OA 3/2011 DATED 28.09.2018. APPENDIX OF WP(C) 13087/2013 PETITIONER EXHIBITS

EXT.P1:_PHOTOSTAT COPY OF THE ORDER OF THE 2ND RESPONDENT DTD 20/12/2011 EXT.P2:-TRUE COPY OF THE APPEAL EXT.P3:-PHOTOSTAT COPY OF THE AFFIDAVIT TO CONDONE THE DELAY FILED BY THE PETITIONER EXT.P4:_PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 3,4,6 & 7 DTD 4/12/2012 EXT.P5:-PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE 8TH RESPONDENT EXT.P6:-TRUE COPY OF THE ORDER OF THE IST RESPONDENT DTD 18/3/2013

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