KIZHAKKINIYAKATH PARAMESWARAN MOOSAD Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioners seek a writ of certiorari quashing Ext. P12 order to the extent it restricts the post of 'Thrikkovil' at Thrikkandiyur Siva Temple, Tirur Taluk of Malappuram District to one.

(2.) The petitioners claim that they are the seniormost members of four Moosad families; namely, Thattarambath, Kizhakkiniyakath, Padinjattiniyakath and Thekkiniyakath, and they have hereditary rights for 'Thrikkovil' duty in Thrikkandiyur Siva Temple. It is their claim that their hereditary right has its origin in antiquity and the right has been enjoyed by the seniormost member of each family without any interruption. However, the trustee of the temple, respondent No.3 un-necessarily interfered and an order to the effect that there would be only one post of 'Thrikkovil' and the duties shall be performed by the members of the said families in turn was issued in 1998.

(3.) The Commissioner, HR and CE Department ordered as per Ext.P2 dtd. 18/11/1999, that there existed four hereditary posts of '"Thrikkovil' in Thrikkandiyur Siva Temple. However, the 3rd respondent and also the 4th respondent did not honour the said order and they did not allow all four to perform their duties. In the meanwhile, the senior most member of the Thattarambath family, who was performing the 'Thrikkovil' duty, died and the 4th petitioner was befallen with the said right, but, he was not allowed to perform the duties stating one or the other reasons by respondents No. 3 and 4. There arose litigations and in terms of the directions of this Court as per Ext.P9 judgment dtd. 7/8/2017 in W.P.(C) No.16859 of 2017, the 2nd respondent considered the dispute concerning the 'Thrikkovil' in Thrikkandiyur Siva Temple. The order of the second respondent in that regard dtd. 6/8/2018 is Ext.P10. It was ordered that there was only one post of 'Thrikkovil' in Thrikkandiyur Siva Temple.