Malabar Devaswom Heriditary Trustees Welfare Association Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1018199
CourtKerala High Court
Decided OnJul-12-2013
JudgeHONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
AppellantMalabar Devaswom Heriditary Trustees Welfare Association
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice t.r.ramachandran nair & the honourable mr. justice a.v.ramakrishna pillai friday, the 12th day of july 2013 21st ashadha, 1935 wp(c).no. 9868 of 201.(g) --------------------------- petitioner(s): ------------------------ malabar devaswom heriditary trustees welfare association, represented by president p.k.krishnanunni raja, thali, calicut-2. by adv. sri.m.g.ashokan. respondent(s): -------------------------- 1. state of kerala, represented by the secretary to the department of devaswom, secretariat, thiruvananthapuram-695001.2. the commissioner, malabar devaswom board, kozhikode-673 016. r1 by senior government pleader r.padmaraj.r2 byadv.sri.v.krishna menon, sc, malabar devaswom board. this writ petition (civil) having come up for admission on 12-07-2013, the court on the same day delivered the following: wp(c).no. 9868 of 2013 (g) appendix petitioner(s)' exhibits ------------------------------------- ext-p1: true copy of the order with no.g.o.(p) no.371/2012/ro dated 1 10.2012 published in government gazette vol.57 dated 3 10.2012 no.1989. ext-p2: true copy of the representation datd 10 9.2012 submitted by the petitioner before the chief minister of the state. respondent(s)' exhibits:- nil ------------------------------------------------- /true copy/ p.a to judge t.r.ramachandran nair & a.v.ramakrishna pillai, jj.= = = = = = = = = = = = = = = = = = = w.p(c) no.9868 of 2013 = = = = = = = = = = = = = = = = = = = dated this the 12th day of july, 2013 judgment ramachandran nair, j.the writ petition by the malabar devaswom hereditary trustees welfare association, represented by its president is for a direction to the first respondent to consider and dispose of ext.p2 representation within a time frame. it is highlighted in the writ petition that the government has already granted exemption to some of the temples, whose details are given at paragraph (3) of the writ petition and similar exemption may be granted in respect of other temples also.2. weare not expressing anything on the merits of the matter.3. the learned government pleader on getting instructions submitted that the representation was forwarded to the malabar devaswom board for their remarks and the learned standing counsel for the board submits that their remarks have already been forwarded to the wpc.9868/13 -:2:- government. it is for the government to take a decision in the matter and the same will be communicated to the petitioner expeditiously. writ petition is accordingly disposed of. the petitioner will serve a copy of the writ petition along with copy of the judgment to the first respondent. sd/- t.r.ramachandran nair judge sd/- a.v.ramakrishna pillai judge krj /true copy/ p.ato judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 12TH DAY OF JULY 2013 21ST ASHADHA, 1935 WP(C).NO. 9868 OF 201.(G) --------------------------- PETITIONER(S): ------------------------ MALABAR DEVASWOM HERIDITARY TRUSTEES WELFARE ASSOCIATION, REPRESENTED BY PRESIDENT P.K.KRISHNANUNNI RAJA, THALI, CALICUT-2. BY ADV. SRI.M.G.ASHOKAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-673 016. R1 BY SENIOR GOVERNMENT PLEADER R.PADMARAJ.

R2 BYADV.SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9868 of 2013 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT-P1: TRUE COPY OF THE ORDER WITH NO.G.O.(P) NO.371/2012/RO DATED 1 10.2012 PUBLISHED IN GOVERNMENT GAZETTE VOL.57 DATED 3 10.2012 NO.1989. EXT-P2: TRUE COPY OF THE REPRESENTATION DATD 10 9.2012 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF THE STATE. RESPONDENT(S)' EXHIBITS:- NIL ------------------------------------------------- /True Copy/ P.A to Judge T.R.RAMACHANDRAN NAIR & A.V.RAMAKRISHNA PILLAI, JJ.

= = = = = = = = = = = = = = = = = = = W.P(C) No.9868 of 2013 = = = = = = = = = = = = = = = = = = = Dated this the 12th day of July, 2013 JUDGMENT Ramachandran Nair, J.

The Writ Petition by the Malabar Devaswom Hereditary Trustees Welfare Association, represented by its President is for a direction to the first respondent to consider and dispose of Ext.P2 representation within a time frame. It is highlighted in the Writ Petition that the Government has already granted exemption to some of the Temples, whose details are given at paragraph (3) of the Writ Petition and similar exemption may be granted in respect of other Temples also.

2. Weare not expressing anything on the merits of the matter.

3. The learned Government Pleader on getting instructions submitted that the representation was forwarded to the Malabar Devaswom Board for their remarks and the learned Standing Counsel for the Board submits that their remarks have already been forwarded to the WPC.9868/13 -:2:- Government. It is for the Government to take a decision in the matter and the same will be communicated to the petitioner expeditiously. Writ Petition is accordingly disposed of. The petitioner will serve a copy of the Writ Petition along with copy of the judgment to the first respondent. Sd/- T.R.RAMACHANDRAN NAIR JUDGE sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj /True Copy/ P.Ato Judge