Narasimha Rao vs Travancore Devaswom Board - Tdb
2021 Latest Caselaw 16667 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. 16384 OF 2021
PETITIONER:

          B. NARASIMHA RAO,
          AGED 41 YEARS
          S/O. BALAKRISHNAN POTTI, HOUSE NO. 5/54-B,
          ELAVOOR MADAM, VENGULAM P.O., EDAVA POST,
          THIRUVANANTHAPURAM-695311.

          BY ADV J.JAYAKUMAR


RESPONDENTS:

    1     TRAVANCORE DEVASWOM BOARD,
          NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003,
          REPRESENTED BY ITS SECRETARY.

    2     THE COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, NANDANCODE, KOWDIAR P.O.,
          THIRUVANANTHAPURAM-695003.

    3     THE ASSISTANT COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, VARKALA GROUP,
          THIRUVANANTHAPURAM-695141.

    4     B. GOPALAKRISHNA RAO,
          SANTHI, AYIROOR DEVASWOM, VARKALA GROUP, VARKALA,
          THIRUVANANTHAPURAM-695141

    5     D. PREMKUMAR,
          SANTHI, WORKING AS KEEZH SANTHI, VARKALA DEVASWOM,
          VARKALA, THIRUVANANTHAPURAM-695141.

          SRI.C.K.PAVITHRAN, SC


     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. 16384 OF 2021

                                         2




                                  JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and dispose Exhibit P-5 Appeal filed by the petitioner within a time frame fixed by this Hon'ble Court, after affording an opportunity of being heard the petitioner."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the Board. In view of the directions being

issued, notice to respondents 4 and 5 is dispensed with.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has been working as Keezhsanthi in the Navayikulam

Devaswom. It is submitted that he had submitted his option for transfer

to Varkala Devaswom and Shaarkara Devaswom. It is submitted that by

Ext.P2 transfer order, the petitioner was posted at Varkala Devaswom as

Keezhsanthi. However, on an appeal preferred by the 4 th respondent, the

order is now being cancelled and the petitioner is transferred back to

Navayikulam Devaswom. It is submitted that the petitioner has preferred

Ext.P5 appeal before the 1st respondent and seeks a consideration

thereof.

WP(C) NO. 16384 OF 2021

4. In the above view of the matter, there will be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P5 appeal

preferred by the petitioner, with notice to the petitioner as well as

respondents 4 and 5 and any other persons likely to be affected by the

orders to be passed thereon and after hearing them, through any

appropriate means, including video conferencing, within a period of one

month 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. 16384 OF 2021

APPENDIX OF WP(C) 16384/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION FOR TRANSFER OF THE PETITIONER SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 10/06/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE CIRCULAR ROC NO.3/2020/S DATED 15/02/2020 ISSUED BY THE RESPONDENTS 1 & 2.

Exhibit P4 TRUE COPY OF THE TRANSFER ORDER DATED 28/07/2021 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPEAL DATED 30/07/2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL