Hari E.S. vs The Administrator
2021 Latest Caselaw 11139 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.3696 OF 2021(J)


PETITIONER:

               HARI E.S., AGED 55 YEARS,
               S/O.E.N. SANKARANARAYANAN,
               ASSISTANT ENGINEER/HEAD DRAFTMAN,
               CIVIL ENGINEERING SECTION,
               GURUVAYOOR DEVASWOM, RESIDING AT
               ERANOOR MANA, PARAKKAD, ARIMPUR P.O,
               THRISSUR, PIN - 680620.

               BY ADVS.SHRI.P.SREEKUMAR
               SRI.K.ARJUN VENUGOPAL
               SHRI.ASWIN KUMAR M J
               SMT.HELEN P.A.
               SHRI.ARUN ROY

RESPONDENTS:

      1        THE ADMINISTRATOR, GURUVAYOOR DEVASWOM
               GURUVAYOOR P.O, THRISSUR, PIN - 680101.

      2        GURUVAYOOR DEVASWOM MANAGING COMMITTEE
               REPRESENTED THROUGH ADMINISTRATOR,
               GURUVAYOOR DEVASWOM, GURUVAYOOR P.O,
               THRISSUR, PIN - 680101.

      ADDL.3 GOVERNMENT OF KERALA REP. BY THE SECRETARY,
             DEPARTMENT OF DEVASWOM, SECRETARIAT,
             THIRUVANANTHAPURAM.

               (SUO MOTU IMPLEADED AS PER ORDER DATED 30.03.2021)

               R1 & R2 BY ADV.SRI.T.K.VIPINDAS

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3696/21                             2




                                    JUDGMENT

Dated this the 7th day of April 2021

The petitioner, who is working as an Assistant Engineer/Head

Draftsman under the Guruvayoor Devaswom Board, has approached

this Court assailing Exhibit P6 notice on various grounds.

2. However, the learned Standing Counsel for the

Guruvayoor Devaswom submitted that this Court has already decided

a writ petition filed by a person who was suspended along with the

petitioner, namely W.P.(C)No.17070/2020, directing the Government

to consider his statutory Appeal. He, therefore, prayed that petitioner

be also directed to approach the Government with a statutory Appeal,

so that same can be considered, along with the one filed by the other

person, namely Sri.Satheesan.P.M.

3. I find substantial force in the submissions of the learned

Standing Counsel for the Guruvayoor Devaswom Board since the

aforementioned Sri.Satheesan.P.M. has already approached the

Government, it will not be justified for this Court to grant any

affirmative relief to the petitioner, who had been suspended along

with him.

4. Perhaps discerning my mind as afore, the learned counsel

for the petitioner sought liberty for his client to approach the

Government with a statutory Appeal under Section 33 of the

Guruvayoor Devaswom Act, 1978, with a further plea that same be

directed to be taken up and disposed of at the earliest.

Taking note of the afore submissions and adverting to the

directions of this Court in the judgment in W.P.(C)No.17070/2020, I

order this writ petition and leave liberty to the petitioner to approach

the Government with a statutory Appeal under Section 33 of the

Guruvayoor Devaswom Act and if this is done within a period of two

weeks from the date of receipt of a copy of this judgment, same shall

be considered, after affording an opportunity of being heard to the

petitioner - either physically or through video conferencing - leading

to appropriate orders thereon, as expeditiously as possible, but not

later than two months from the date of receipt of the statutory

Appeal.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 03.05.2018

EXHIBIT P2 A TRUE COPY OF THE REQUEST DATED 09.07.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE DECISION DATED 30.05.2019 OF THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 02.08.2019 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE REQUEST DATED 23.09.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 31.01.2020 ISSUED TO THE PETITIONER

/TRUE COPY/

P.S. TO JUDGE