VIJAYAKUMARAN VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 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.