Citation : 2021 Latest Caselaw 16326 Ker
Judgement Date : 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 15544 OF 2021
PETITIONER:
SREEKUMARAN POTTI P.N.
AGED 42 YEARS
S/O NARAYANAN POTTI, PAMBOOR ELLAM, VETTIYAR.P.O,
MAVELIKKARA, ALAPPUZHA-690558.
(NOW WORKING AS 'SANTHI', THRICHITTATT DEVASWOM,
CHENGANNUR SUB GROUP, ARANMULA GROUP).
BY ADVS.
D.AJITHKUMAR
HARSHA S. NAIR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD - TDB
NATHANCODE.P.O, THIRUVANANTHAPURAM-695003,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY,
TRAVANCORE DEVASWOM BOARD,NATHANCODE.P.O,
THIRUVANANTHAPURAM-695003.
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NATHANCODE.P.O,
THIRUVANANTHAPURAM-695003.
4 DEPUTY DEVASWOM COMMISSIONER,
FINANCE INSPECTION,TRAVANCORE DEVASWOM BOARD,
NATHANCODE.P.O, THIRUVANANTHAPURAM-695003.
5 SUB GROUP OFFICER
THRICHITTATT DIVISION,CHENGANNUR SUB GROUP,
ARANMULA GROUP, PATHANAMTHITTA-689533.
SRI.C.K.PAVITHRAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15544 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exhibits P2 and quash the same.
(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to allow the petitioner to join duty in Thrichittatt Devaswom, Chengannur Sub Group, Aranmula Group"
2. Heard the learned counsel for the petitioner and the learned
standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the
petitioner had been placed under suspension by Ext.P2 order without
any justification whatsoever. He relies on Ext.P1 receipt as well as Ext.P3
request submitted by a devotee before the Devaswom Commissioner to
contend that there was no justification for placing him under
suspension. The petitioner has also preferred Ext.P5 representation
before the 3rd respondent seeking revocation of his suspension, taking
note of Exts.P1 and P3.
4. Having heard the learned standing counsel also, I am of the opinion WP(C) NO. 15544 OF 2021
that it is for the 3rd respondent to take an appropriate decision on Ext.P5
representation. The contentions of the petitioner as well as Exts.P1 and
P3 documents produced along with this writ petition shall be specifically
considered by the 3rd respondent while passing orders as directed above.
The petitioner shall be put on notice and heard, through any appropriate
means, including video conferencing. The petitioner shall be free to
produce a copy of the writ petition along with a copy of this judgment
before the 3rd respondent for compliance. Orders shall be passed within a
period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 15544 OF 2021
APPENDIX OF WP(C) 15544/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RECEIPT FOR THE ABOVE SAID VAAHANA POOJA DATED 15.07.2021 ISSUED FROM TRAVANCORE DEVASWOM BOARD.
Exhibit P2 TRUE COPY OF THE ORDER VIDE ROC.NO.11669/S DATED 22.07.2021 ISSUED BY 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 16.07.2021 SUBMITTED BY DEVOTEE(BALAKRISHNAN.P.)BEFORE THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE DECISION REPORTED IN 2012(10 KHC 162.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 24.07.2021 SENT BY PETITIONER THROUGH E-MAIL TO THE 3RD RESPONDENT .
Exhibit P6 TRUE COPY OF THE APPEAL DATED 24.07.2021 SENT BY PETITIONER THROUGH-EMAIL TO THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
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