P. Gopalakrishna Panicker vs Malabar Devaswom Board

Type Court Judgment Court Kerala Orders Decided Feb 25, 2022

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Citation: sooperkanoon.com/1545321
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Feb 25, 2022
Case Number: WP(C)/26291/2021

Parties & Advocates

Appellant / Petitioner

P. Gopalakrishna Panicker

Respondent

Malabar Devaswom Board

Excerpt

.....adakkaputhur, ottapalam taluk, palakkad district,pin-679503. other present: sri. r. lakshmi narayan -standing counsel this writ petition (civil) having come up for admission on 25.02.2022, the court on the same day delivered the following:judgmentanil k. narendran, j.the petitioners have filed this writ petition under article 226 of the constitution of india, seeking a writ of certiorari to quash to ext.p1 notification dated 14.11.2021 issued by the 2nd respondent assistant commissioner, malabar devaswom board, calling for applications from persons to be appointed as non-hereditary trustees in adakkaputhur sree sekharapuram temple.2. on 26.11.2021, when this writ petition came upfor admission, after arguing for some time, the learned counsel for the petitioners sought time to make further submissions with reference to the averments in paragraph 2 of the writ petition.3. on 29.11.2021, when this writ petition came upfor consideration, the learned counsel for the petitioners sought two weeks' time to file an application for amending the pleadings in the writ petition appropriately.4. today, when the matter is taken up forconsideration, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to file a fresh writ petition with appropriate pleadings. based on the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners. sd/- anil k. narendran, judge sd/- p.g. ajithkumar, judge min appendix of w.p.(c) 26291/2021 petitioner's exhibits: exhibit p1 true copy of the notificationpublished in malayala manorama dated 14.11.2021 calling for applications from persons to be appointed as non hereditary trustees in adakkaputhur sekharapuram temple. respondent's exhibits: nil.

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 FRIDAY, THE 25TH DAY OF FEBRUARY 2022 / 6TH PHALGUNA, W.P.(C)NO.26291 OF 2021 PETITIONERS: 1 P. GOPALAKRISHNA PANICKER, AGED 85 YEARS, S/O.CHINNAKUTTY AMMA, "DWARAKA", NEAR SABARI CENTRAL SCHOOL, CHERPULASSERY, PALAKKAD DISTRICT. 2 P.MOHANAN, AGED 77 YEARS, S/O.PADMAVATHY KUTTY AMMA, SREEPADAM, PANAPANTHAL ROAD, NEAR CHEROOPPA TEMPLE, PUTHUPPARIYARAM, PALAKKAD DISTRICT. BY ADVS. SANTHEEP ANKARATH ANJALI MENON RESPONDENTS: 1 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE-673006. 2 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE ASSISTANT COMMISSIONER, CIVIL STATION, PALAKKAD-678001. 3 EXECUTIVE OFFICER(HAVING ADDITIONAL CHARGE), SREE SEKHARAPURAM TEMPLE, THRIKKADEERI, ADAKKAPUTHUR, OTTAPALAM TALUK, PALAKKAD DISTRICT,PIN-679503. OTHER PRESENT: SRI. R. LAKSHMI NARAYAN -STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash to Ext.P1 notification dated 14.11.2021 issued by the 2nd respondent Assistant Commissioner, Malabar Devaswom Board, calling for applications from persons to be appointed as non-hereditary trustees in Adakkaputhur Sree Sekharapuram Temple.

2. On 26.11.2021, when this writ petition came up

for admission, after arguing for some time, the learned counsel for the petitioners sought time to make further submissions with reference to the averments in paragraph 2 of the writ petition.

3. On 29.11.2021, when this writ petition came up

for consideration, the learned counsel for the petitioners sought two weeks' time to file an application for amending the pleadings in the writ petition appropriately.

4. Today, when the matter is taken up for

consideration, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to file a fresh writ petition with appropriate pleadings. Based on the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE MIN APPENDIX OF W.P.(C) 26291/2021 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE NOTIFICATION

PUBLISHED IN MALAYALA MANORAMA DATED 14.11.2021 CALLING FOR APPLICATIONS FROM PERSONS TO BE APPOINTED AS NON HEREDITARY TRUSTEES IN ADAKKAPUTHUR SEKHARAPURAM TEMPLE. RESPONDENT'S EXHIBITS: NIL.

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