Kerala High Court
C.Gopinath vs Cochin Devaswom Board, Represented By … on 4 April, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.26441/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 4th day of April 2025 / 14th Chaithra, 1947
IA.NO.1/2025 IN WP(C) NO. 26441 OF 2023(E)
APPLICANT/NOT A PARTY IN WP(C)/SOUGHT TO BE IMPLEADED AS ADDL.R5:
HARIDAS P.V., AGED 59 YEARS. S/O. T RAMANKUTTYWARRIER, YOGAKSHEMAM
APARTMENT, KALLINGALLANE, THIRUVAMBADI, THRISSUR PIN - 680022
RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 4 IN WP(C):
1. C.GOPINATH, AGED 59 YEARS S/O. BHASKARA MENON, GOPI NIVAS,
KOTTAPURAM ROAD, POOTHOLE POST, THRISSUR, PIN - 680004
2. V.A.NARAYANA MENON, AGED 54 YEARS S/O.,LATE CA MENON, NANDANAM
(VATTEKKAT), SKV COLLEGE ROAD, KANATTUKARA, THRISSUR, PIN - 680011
3. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY DEVASWOM BOARD
BUILDING, THRISSUR , PIN - 680020
4. THIRUVANMBADI DEVASWOM, REPRESENTED BY ITS PRESIDENT, THIRUVAMBADI
DEVASWOM BUILDING, ROUND WEST, SWARAJ ROUND, THRISSUR, PIN - 680001
5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY REVENUE (DEVASWOM)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
6. SENIOR DEPUTY DIRECTOR, THE STATE AUDIT DEPARTMENT, COCHIN DEVASWOM
BOARD AUDIT, THRISSUR PIN - 680001
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead the
Applicant herein as Additional Respondent No.5 in the above WP(C) for a
just and complete adjudication of the matter and render justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
03.03.2025 in WP(C) and upon hearing the arguments of SRI.ANCHAL C VIJAYAN
Applicant in I.A./Respondent 5 (sought to be impleaded) in WP(C), M/S.
M.P.SREEKRISHNAN & A.MUHAMMED MUSTHAFA Advocates for Respondent 1 & 2 in
I.A./Petitioners in WP(C), SRI.K.P.SUDHEER STANDING COUNSEL for Respondent
3 in I.A./Respondent 1 in WP(C) and SRI.S.SREEKUMAR (SENIOR ADVOCATE)
along with M/S. PREMCHAND M.M., K.ANITHA JOHN, A.S.SOORAJ & SREERAGH C.R.
Advocates for respondent 4 in I.A./Respondent 2 in WP(C) and of GOVERNMENT
PLEADER for the respondent 5 in I.A./respondent 3 in WP(C), the court
passed the following:
WP(C) No.26441/2023 2/6
1
W.P.(C)No.26441 of 2023
ANIL K. NARENDRAN & VIJU ABRAHAM, JJ.
===========================
W.P.(C)No.26441 of 2023
============================
Dated this the 4th day of April, 2025
ORDER
ANIL K. NARENDRAN, J.
I.A.No.1 of 2025
This is an application filed by a third party seeking an order
to get himself impleaded as additional 5 th respondent in the writ
petition.
2. The writ petition is one filed by respondents 1 and 2
herein, who are the members of Thiruvambady Devaswom and
the devotees of Thiruvambady Sree Krishna Temple, seeking an
order to appoint an Administrator for administering the affairs of
Thiruvambady Devaswom, in order to protect the interest of the
deity, by invoking parens patriae jurisdiction of this Court. They
have sought for an order directing the Cochin Devaswom Board to
conduct a forensic audit of the accounts of Thiruvambady
Devaswom, by the Audit Wing of the Board.
3. The applicant, who is a third party to the writ petition,
is another devotee and member of the general body of
Thiruvambady Devaswom. The affidavit filed in support of this
application contains personal allegations against the President of
Thiruvambady Devaswom.
WP(C) No.26441/2023 3/6
2
W.P.(C)No.26441 of 2023
4. The President of the Devaswom, Sundar Menon, has
sworn to a counter affidavit dated 24.03.2024, for the 4 th
respondent Thiruvambady Devaswom. The petitioner has filed a
reply affidavit dated 31.03.2025, producing therewith Ext.R5(a)
order dated 06.01.2025 of a learned Single Judge of this Court in
Bail Application No.1078 of 2024 and connected cases.
5. The aforesaid bail applications are filed by Sundar
Menon, who is one of the Directors of Heewan Nidhi Ltd. and
Heewan Finance Ltd., with respect to several crimes registered
against him by Town West Police Station, Thrissur, alleging offence
punishable under Sections 406 and 420 read with Section 34 of
IPC, Section 3 read with Section 21, Section 4 read with Section 22
and Section 5 read with Section 23 of the Banning of Unregulated
Deposit Schemes Act, 2019 (BUDS Act). In addition to the said
crimes, Sunder Menon was accused in Crime No.2790/2016 of
Town Police Station, Thrissur, registered alleging offence
punishable under Sections 341, 323, 354, 452 and Part 1 of
Section 506 of Indian Penal Code, 1860. According to the
applicant, since Sunder Menon, who is an office bearer of
Thiruvambady Devaswom, is involved in a criminal offence of
breach of trust or an offence relating to the property of the trust,
he is not eligible or competent to exercise the functions and duties
as the President of Thiruvambady Devaswom.
WP(C) No.26441/2023 4/6
3
W.P.(C)No.26441 of 2023
6. Having considered the submissions made by the
learned counsel for the applicant, the learned counsel for
respondents 1 and 2-writ petitioners and the learned Senior
Counsel for the 4th respondent Thiruvambady Devaswom, we find
that based on the aforesaid allegations made in the affidavit filed
in support of this application, the applicant cannot seek an order
to implead him as an additional respondent in the writ petition,
since the writ petitioners have filed the writ petition for appointing
an Administrator for administering the affairs of Thiruvambady
Devaswom, in order to protect the interest of the deity, and an
order directing the Cochin Devaswom Board to conduct a forensic
audit of the accounts of Thiruvambady Devaswom, by the Audit
Wing of the Board. The question as to whether Sunder Menon is
eligible or competent to exercise the functions and duties as the
President of Thiruvambady Devaswom, on account of his
involvement in the aforesaid crimes, is not an issue involved in the
writ petition.
7. In such circumstances, we find no reason to allow this
interlocutory application for impleadment and the same is
accordingly dismissed; however, without expressing anything on
the rival contentions raised in the affidavit filed in support of this
application and also that contained in the counter affidavit and the
reply affidavit in connection with the said crimes and the alleged
ineligibility or incompetence of the aforesaid person to exercise
WP(C) No.26441/2023 5/6
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W.P.(C)No.26441 of 2023
the functions and duties as the President of Thiruvambady
Devaswom, on account of his involvement in those crimes.
W.P.(C)No.26441 of 2023
Post on 29.05.2025 along with connected matter.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
sbk/-
04-04-2025 /True Copy/ Assistant Registrar
WP(C) No.26441/2023 6/6
APPENDIX OF WP(C) 26441/2023
EXHIBIT-R5(a) TRUE COPY OF THE ORDER IN B.A NO.10785/2024 DATED
06.01.2025 OF THIS HON’BLE HIGH COURT OF KERALA
04-04-2025 /True Copy/ Assistant Registrar
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