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Kerala High Court
Chandramohan.K vs Malabar Devaswom Board on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18365 OF 2024
PETITIONER/S:
CHANDRAMOHAN.K,
AGED 61 YEARS
S/O.GOVINDA MENON, MELAKKATTALATH HOUSE(DEVIKRIPA)NAGARIPURAM
MANNUR, PATHIRIPALA, PALAKKAD DISTRICT PRESENTLY WORKING AS
ORACKLE, (VELICHAPADU) IN KAIMAKUNNATHUKAVU DEVASWOM, MANNUR ,
PALAKKAD DISTRICT-, PIN - 678642
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENT/S:
1 MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX, ERANHIPPALAM, KOZHIKODE- REPRESENTED BY ITS
SECRETARY, PIN - 673003
2 THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM,
KOZHIKODE, PIN - 673003
3 THE DEPUTY COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM,
KOZHIKODE-, PIN - 673003
4 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, PALAKKAD DIVISION, CIVIL STATION,
PALAKKAD -, PIN - 678001
5 KAIMAKUNNATHUKAVU DEVASWOM,
MANNUR, PALAKKAD -678642 REPRESENTED BY ITS MANAGING TRUSTEE,
PIN - 678642
6 MANNUR SWOROOPAM TEMPLE TRUST,
MANNUR PO, PALAKKAD DISTRICT -REPRESENTED BY ITS MANAGING
TRUSTEE, PIN - 678642
7 THE EXECUTIVE OFFICER,
KAIMAKUNNATHUKAVU DEVASWOM, MANNUR, PALAKKAD-, PIN - 678642
BY SMT. R. RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.18365/2024
2
JUDGMENT
1. The petitioner, who is an Oracle ( Velichapadu) working under respondent No.5 Devaswom, is served with Ext.P23 suspension order.
2. The petitioner challenges Ext.P23 order on the ground that on the very same set of facts earlier the respondent No.5 had issued Ext.P19 order and the same was stayed by this Court by Ext.P21 order, which was extended by Ext.P22 order.
3. Heard; Sri.K.Mohanakannan, the learned counsel for the petitioner and Smt.R.Ranjanie, learned Staining Counsel for respondents 1 to 4.
4. Learned Standing Counsel for respondents 1 to 4 submitted that there is an effective remedy for the petitioner W.P.(C)No.18365/2024 3 under Section 18 of the Hindu Religious And Charitable Endowments Act, 1951, as amended in 2008 to challenge Ext.P23 order.
5. I find from Ext.P19 that it relates to recovery of the amount and Ext.P23 is a suspension order. Hence, the petitioner is directed to file revision against Ext.P23 order, within one week from the date of receipt of a copy of this judgment. If such revision is filed within one week, respondent No.2 has to consider the same and pass orders after hearing the petitioner and other affected parties, within a period of one month thereafter. Petitioner is free to apply for interim relief also before the respondent No.2 while filing the revision as stated above.
The writ petition is disposed of accordingly.
Sd/-
M.A.ABDUL HAKHIM
Shg JUDGE
W.P.(C)No.18365/2024
4
APPENDIX OF WP(C) 18365/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.J5-
5902/2010/MDB/K.DIS OF THE COMMISSIONER DATED 30- 7- 2014 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE 4 TH RESPONDENT DATED 8-10- 2014 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C) NO.28830/2017 DATED 20-9-2017 EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.H6- 4868/2017/MDB/K.DIS OF THE 2 ND RESPONDENT DATED 28- 11-2017 EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 4 TH RESPONDENT SUBMITTED BEFORE THE 2 ND RESPONDENT AS PER LETTER NO.A-4853/2018/MDB DATED 24-10-2018 EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.H6- 1831/MDB OF THE 2 ND RESPONDENT DATED 7-1-2019 EXHIBIT P7 TRUE COPY OF THE NOTICE SENT BY THE 5 TH RESPONDENT DATED 30-9-2019 EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 5 TH RESPONDENT DATED 8-10-2019 EXHIBIT P9 TRUE COPY OF THE REPLY OF THE PETITIONER TO EXT.P7 NOTICE DATED 15-10-2019 WITH POSTAL ACKNOWLEDGEMENT EXHIBIT P10 TRUE COPY OF THE LETTER GIVEN BY THE TANTRI DATED 10- 11-2019 EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE 5 TH RESPONDENT DATED 28-8-2021 EXHIBIT P12 TRUE COPY OF THE 5 TH RESPONDENT HAS ISSUED A COMMUNICATION TO THE PETITIONER DATED 22-12- 2021 EXHIBIT P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT DATED 27-12- 2021 EXHIBIT P14 TRUE COPY OF THE 2021COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE PETITIONER DATED 18- 1-2022 W.P.(C)No.18365/2024 5 EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 22-2-2022 SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 20-9-2023 SENT BY THE 5 TH RESPONDENT TO THE PETITIONER EXHIBIT P17 TRUE COPY OF THE SHOW CAUSE NOTICE WAS ISSUED ON 25- 10-2023 SENT BY THE 5 TH RESPONDENT TO THE PETITIONER EXHIBIT P18 TRUE COPY OF THE LETTER DATED 30-10- 2023 SENT BY THE PETITIONER TO THE 5 TH RESPONDENT EXHIBIT P19 TRUE COPY OF THE COMMUNICATION SENT BY THE 5 TH RESPONDENT TO THE PETITIONER DATED 30-11- 2023 EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 8-12-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT EXHIBIT P21 TRUE COPY OF THE INTERIM ORDER DATED 17-1-2024 IN WRIT PETITION(C) 1964/2024 EXHIBIT P22 TRUE COPY OF THE INTERIM ORDER DATED 18-3-2024 IN WRIT PETITION(C)1964/2024 EXHIBIT P23 TRUE COPY OF THE PROCEEDINGS OF THE MANAGING TRUSTEE, 5 TH RESPONDENT DATED 10-5-2024 TO THE PETITIONER