AKKAL SREEDHARAN NAIR Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) Petitioner is Akkal Sreedharan Nair, a nominee of Akkal Karunakaran Nair, who is the Karanavan of Akkal Tharawad, for the purpose of Clause 5(iii) of the Scheme framed by this Court in MFA No. 74 of 1988 for Sree Kottiyoor Perumal Seva Sanghom. It is not in dispute that Karunakaran Nair had nominated Sreedharan Nair. The question is, whether, having done so, he retains the authority to withdraw the nomination of Sreedharan Nair.

(2.) This issue initially went to the Malabar Devaswom Board. It came out with Ext. P9 holding that this cannot be done and the nomination cannot be withdrawn. That became the subject matter of WP (C) No. 29224 of 2011. By Ext. P11 judgment, the Commissioner was directed to decide that issue untrammeled by anything stated in the decision of the Board. In the light of that judgment, WP (C) No. 17618 of 2011 was also closed.

(3.) In WP (C) No. 17618 of 2011, Ext. P8 interim order was issued at the stage of admission. It is profitable, in this context, to read paragraph 3 of that order, which is as follows: