R. Subramaniyan Bhattathiri vs The Travancore Devaswom Board
2021 Latest Caselaw 16662 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         WP(C) NO. 23986 OF 2020
PETITIONER :-

           R. SUBRAMANIYAN BHATTATHIRI, AGED 46 YEARS
           S/O.RAJASEKHARA BHATTATHIRI,
           SREEKRISHNA VILASATH MADOM, CHANGANKULANGARA,
           OACHIRA P.O., KOLLAM-690 526.

           BY ADVS.
           SRI.SHABU SREEDHARAN
           SMT.ANJANA G.
           SRI.JOBIN JOSE P.
           SMT.MEENU THAMPI
           SMT.GAYATHRI MENON


RESPONDENTS :-

     1     THE TRAVANCORE DEVASWOM BOARD
           REPRESENTED BY ITS SECRETARY, NANDANCODE,
           KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.

     2     THE DEVASWOM COMMISSIONER,
           TRAVANCORE DEVASWOM BOARD, NANDANCODE, KOWDIAR P.O.,
           THIRUVANANTHAPURAM-695 003.

     3     THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION),
           TRAVANCORE DEVASWOM BOARD, NANDANCODE, KOWDIAR P.O.,
           THIRUVANANTHAPURAM-695 003.

     4     THE ASSISTANT COMMISSIONER,
           TRAVANCORE DEVASWOM BOARD- KARUNAGAPPALLY GROUP,
           KARUNAGAPPALLY P.O., KOLLAM-690 518.

     5     THE ASSISTANT COMMISSIONER,
           TRAVANCORE DEVASWOM BOARD - MAVELIKKARA GROUP,
           MAVELIKKARA P.O., ALAPPUZHA-690 101.

     6     JAYAKUMAR,
           SANTHI, PALACKAL BHARANIKKAVU DEVASWOM,
           THEVALAKKARA P.O., KOLLAM-690 524.

           SRI.C.K. PAVITHRAN-S.C.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION      ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23986 OF 2020

                                   -: 2 :-


                               JUDGMENT

Dated this the 11th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. To call for the records leading to Exhibit P5 order and to quash the same by issuing a writ of certiorari. ii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to replace the 6th respondent with the petitioner as Santhi at the Palackal Bharanikkavu Devaswom in the Thevalakkara Sub Group under the Karunagappally Group within a time frame."

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 in the general transfer for the year 2021-22, a vacancy is

existing at the Minor Kurumbakkara Devaswom in the Chakkuvally

Sub Group. It is submitted that the petitioner has preferred Ext.P8

representation before the Assistant Devaswom Commissioner for

accommodation in the said post.

4. The learned Standing Counsel appearing for the

respondents submits that there are other claimants to the available

vacancy at Kurumbakkara Devaswom and that if the petitioner WP(C) NO. 23986 OF 2020

approaches the 2nd respondent, Devaswom Commissioner with a

copy of Ext.P8 representation, the issue will be considered along

with other claims, if any, before filling up the vacancy existing at

the Minor Kurumbakkara Devaswom.

In the above view of the matter, this writ petition is

disposed of with a direction that in case the petitioner approaches

the 2nd respondent with a copy of Ext.P8 representation, the same

will be considered along with the claims raised by other similarly

situated persons before the vacancy made mention of in Ext.P8 is

filled up. The petitioner shall make available a copy of Ext.P8

along with a copy of this judgment before the 2 nd respondent for

compliance. Appropriate orders shall be passed without delay, at

any rate, before filling up the vacancy.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/18.8.2021 WP(C) NO. 23986 OF 2020

APPENDIX OF WP(C) 23986/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.9.2020.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24.9.2020.

EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WP(C) NO.20227/2020 DATED 1.10.2020.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.10.2020.

EXHIBIT P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 19.10.2020.

Exhibit P7 THE TRUE COPY OF THE OFFICE ORDER ISSUED BY THE 4TH RESPONDENT DATED 10/09/2021.

Exhibit P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 14/06/2021.