VIJAYAKUMAR Vs. COMMISSIONER

JUDGEMENT

(1.) The common challenge in these writ petitions is against a hearing notice dtd. 3/12/2021 issued by the 1st respondentCommissioner, Malabar Devaswom Board in relation to Sree Chirakkal Bhagavathy Temple, Annakkara. The said notice is marked as Ext.P6 in W.P(C).No.28922 of 2021, which is one issued pursuant to the direction contained in Ext.P2 judgment of this Court dtd. 12/8/2021 in W.P.(C)No.9323 of 2021 and the connected case. In Ext.P2 judgment in W.P.(C)No.9323 of 2021 and the connected case, Ext.P1 order dtd. 23/2/2021 of the 1st respondent-Commissioner was ordered to be treated as a show cause notice and the Commissioner was directed to take an appropriate decision in the matter, in accordance with law, after affording an opportunity of hearing to the affected parties. Paragraph 6 and also the last paragraph of that judgment read thus:

(2.) In W.P(C)No.28922 of 2021, the petitioner is seeking a writ of certiorari to quash the findings on the merits of the case contained in Ext.P6 hearing notice dtd. 3/12/2021 issued by the 1st respondent-Commissioner. He has also sought for a writ of mandamus commanding the 1st respondent-Commissioner to conduct the inquiry in accordance with the provisions contained in Madras Hindu Religious and Charitable Endowments Act, 1951 and the Rules framed thereunder; a declaration that a notice is nothing but an intimation regarding the posting of a proceeding and it should not contain any remark or finding about the merit of the case pending before the 1st respondent-Commissioner; and a writ of mandamus commanding the respondents to consider the maintainability of Ext.P1 show cause notice as a preliminary issue in an unbiased manner. Ext.P6 hearing notice, which is under challenge in W.P(C)No.28922 of 2021 reads thus:

(3.) The aforesaid hearing notice dtd. 3/12/2021 is marked as Ext.P7 in W.P.(C)No.28872 of 2021.