P M SUGUNAN Vs. COMMISSIONER

JUDGEMENT

(1.) The common grievance projected in these writ petitions is in respect of the alleged rights to appropriate the amount deposited by the devotees at the 'Sopanam' of the Parassinikkadavu Muthappan Temple, without being appropriated towards the Temple fund, so as to have it distributed among the members of the three different families [Kovval, Kannoth and Vadakkal], who are managing the affairs of the temple. A declaration is sought for to the effect that the amount placed at the 'Sopanam' is 'Dakshina' to the Chief Priest and that the same cannot be termed as 'Kanikka' to the Deity. Challenge is raised also with regard to Ext. P6 order issued by the first respondent/Commissioner of Devaswom to the 'Madayan'/Chief Priest of the temple (petitioner in W. P. (C)30457 OF 2009 and the 4th respondent in the other case) to stop the acts and deeds in appropriating the amounts placed by the devotees at 'Sopanam' and refund the amounts already appropriated, lest further proceedings should follow.

(2.) W. P. (C)No. 30457 of 2009 has been preferred by the Madayan/Chief Priest of the temple, who is the senior most male member of the three families, (who are at the helm of the affairs in relation to the temple) whereas the petitioner in the other writ petition (WP(C) 26300/09), who belongs to one among the three families, is the person next in line to hold the post of 'Madayan', the Chief Priest. The present Madayan [Mukundan Madayan], who is the petitioner in W. P(C)30457 of 2009, belongs to Vadakkal family, whereas the petitioner in the other case by name P. M. Sugunan (who is next in line to be the Chief Priest), belongs to Kannoth family.

(3.) We heard by Mr. Krishnanunni, the learned Counsel for the petitioner in W. P(C)No. 30457 of 2009 and Mr. Lakshminarayanan, the learned counsel for the petitioner in W. P(C)No. 26300 of 2009. The version of the Addl. 5th respondent/Seva Sangham was projected by Mr. Julian Xavier, the learned counsel for the Seva Sangham and we heard Mr. Mahesh, the learned Standing Counsel for the Malabar Devaswom as well.