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VIJAYAKUMARAN versus THE STATE OF KERALA

High Court of Kerala

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VIJAYAKUMARAN v. THE STATE OF KERALA - WP(C) No. 30766 of 2006(K) [2006] RD-KL 1718 (21 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30766 of 2006(K)

1. VIJAYAKUMARAN, S/O.VELAYUDHAN,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED
... Respondent

2. THE PRINCIPAL SECRETARY,

3. THE COMMISSIONER, HINDU RELIGIOUS

4. THE DEPUTY COMMISSIONER,

5. THE EXECUTIVE OFFICER,

6. M.V. SANKARA WARRIER,

For Petitioner :SRI.A.N.RAJAN BABU

For Respondent : No Appearance

The Hon'ble the Chief Justice MR.V.K.BALI The Hon'ble MR. Justice S.SIRI JAGAN

Dated :21/11/2006

O R D E R

V.K. BALI, C.J. & S.SIRI JAGAN, J.

W.P.(C) No.30766 of 2006

Dated, this the 21st day of November, 2006



JUDGMENT

V.K.Bali,C.J.(Oral) Challenge in the present petition is to Ext.P7 which is an interim order passed by the Principal Secretary to Government of Kerala. By the order aforesaid, the petitioner herein has been prohibited to function as non hereditary trustee of Sree Kadampuzha Bhagavathi Temple. Concededly, it is an interim order. Learned counsel for the petitioner contends that an appropriate application for vacating the stay ordered vide Ext.P7 was made on 29.9.2006 (Ext.P8), but no decision has been taken on the same thus constraining the petitioner to rake up the issue by way of writ petition.

2. We have heard learned counsel appearing for the petitioner and examined the records of the case. We are of the view that the order Ext.P7 had temporarily, even though, debarred the petitioner to function as a non hereditary trustee. It was an order adversely affecting the right of the petitioner and W.P.(C) No.30766/2006 2 if an application for vacating the said order was made, the same ought to have been dealt with expeditiously. In totality of the facts and circumstances of the case we direct the Principal Secretary to Government, Revenue (Devaswom) Department to deal with the application Ext.P8 as expeditiously as possible and pass orders thereon in accordance with law. Till such time order is passed on Ext.P8, operation of the order Ext.P7 shall remain suspended. Writ petition is disposed of accordingly. V.K. BALI, CHIEF JUSTICE. S.SIRI JAGAN,

JUDGE.

vns


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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