RADHAKRISHNA KURUP Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether parties could reagitate the question of maintainability of a petition filed under S.89(1) of the Travancore - Cochin Hindu Religious Institutions Act before the District Judge, when a Division Bench of this Court has already rendered a finding that it is maintainable before the District Judge and relegated the parties to that remedy

(2.) O.P. No. 34 of 1998 was an application preferred by the petitioner herein under S.89(1) of the Travancore - Cochin Hindu Religious Institutions Act challenging the order of the Cochin Devaswom Board removing him from the post of trustee of Valiyalakkal Group Devaswom and appointing the second respondent as the trustee. The said appointment was reported to this Court and this Court as per Order, dated 18th July 1997 in C.D.B. No. 33 of 1993 approved the appointment of the petitioner as trustee of Valiyalakkal Group Devaswom. One Mr. Chandran moved this Court challenging the approval granted by the Devaswom Board. This court took note of the fact that approval was granted without taking into account all the aspects of the matter. Consequently this Court directed the Devaswom Board to consider the question afresh with regard to the approval granted by the Board of the appointment of the petitioner as trustee. Later the Board passed an order dated 15th January 1998 by which petitioner was removed from the office of the trustee of the Devaswom Board. Petitioner then approached this Court by filing O.P. No. 1193 of 1998 challenging the said order and appointment of the second respondent as trustee.

(3.) The second respondent raised a preliminary objection before the Division Bench, viz., that the original petition is not maintainable and the petitioner has to move the District Court under S.89(1) of the Act. The Division Bench minuted in the Judgment as follows: