----------------------- The 1st petitioner is the senior most member of Dewan Tharawad, and the 2nd petitioner belongs to Ammini Amman Tharawad. These two families along with other families are admittedly ooralans of Pathukudy Apathukatha Mahaganapthi Temple Mannarkkad. There are ten vacancies of ooralans. O.A..8/2011 is pending before the 3rd respondent for the recognition of trustees. Ext.P2 is the report submitted by the Assistant Commissioner of Malabar Devaswom Board, Palakkad. Now she has been appointed as the Deputy Commissioner of Malabar Devaswom Board, Palakkad. This Court in W.P.(C) No.24412/2014 directed the 3rd respondent, Deputy Commissioner to pass final orders in the matter. The petitioner submits that since the report has been made by the present Deputy Commissioner, while officiating as Assistant Commissioner, there is likelihood of bias and therefore, the matter shall be heard by the Commissioners who have concurrent power W.P.(C).No.32338 of 2014
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under Section 19 of the s HR & CE Act, 1951.
2. Considering the fact that the 3rd respondent has made final report after conducting enquiry, it is appropriate that the Commissioner shall hear O.A.8/2011. Therefore, there shall be a direction to the 3rd respondent to transfer the entire files in O.A.8/2011 to the 2nd respondent. There shall be a direction to the 2nd respondent to hear all the parties in O.A.No.8/2011 and dispose of the same in accordance with law in the light of Ext.P1 judgment. Since the period in Ext.P1 is over, O.A.No.8/2011 shall be disposed of by the 2nd respondent within a period of three months.
The writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE jm/