Babilu Sankar vs Sree Padmanabha Swamy Temple
2021 Latest Caselaw 16706 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. 16280 OF 2021
PETITIONER:

              BABILU SANKAR,
              AGED 46 YEARS
              S/O. LATE SANKARAN KUTTY NAIR, GB-1, SREE MANTHRA
              RESIDENCY, ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN-
              695 014.

              BY ADVS.
              C.S.MANU
              T.B.SIVAPRASAD
              C.A.ANUPAMAN
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE



RESPONDENTS:

     1        SREE PADMANABHA SWAMY TEMPLE,
              MATHILAKAM OFFICE, FORT, THIRUVANANTHAPURAM, PIN-695 023,
              REPRESENTED BY ITS EXECUTIVE OFFICER.

     2        EXECUTIVE OFFICER,
              SREE PADMANABHA SWAMY TEMPLE, MATHILAKAM OFFICE, FORT,
              THIRUVANANTHAPURAM, PIN-695 023.

     3        THE ADMINISTRATIVE COMMITTEE OF SREE PADMANABHA SWAMY
              TEMPLE,
              MATHILAKAM OFFICE, FORT, THIRUVANANTHAPURAM, PIN-695 023,
              REPRESENTED BY ITS CHAIRMAN.

     4        P.KRISHNA KUMAR,
              CHAIRMAN, ADMINISTRATIVE COMMITTEE, SREE PADMANABHA SWAMY
              TEMPLE, THIRUVANANTHAPURAM, PIN-695 023, (DISTRICT JUDGE,
              THIRUVANANTHAPURAM).
 WP(C) NO. 16280 OF 2021
                                  2

     5     PROF.P.K.MADHAVAN NAIR,
           MEMBER TO THE ADMINISTRATIVE COMMITTEE SREE PADMANABHA
           SWAMY TEMPLE, THIRUVANANTHAPURAM, PIN-695 023.

     6     KUMMANAM RAJAESEKHARAN,
           MEMBER TO THE ADMINISTRATIVE COMMITTEE SREE PADMANABHA
           SWAMY TEMPLE, THIRUVANANTHAPURAM, PIN-695 023.

     7     ADITHYA VARMA,
           MEMBER TO THE ADMINISTRATIVE COMMITTEE SREE PADMANABHA
           SWAMY TEMPLE, THIRUVANANTHAPURAM, PIN-695 023.

     8     N.R.PARAMESWARAN NAMBOOTHIRIPAD,
           CHIEF THANTHRI OF THE TEMPLE MEMBER ADMINISTRATIVE
           COMMITTEE SREE PADMANABHA SWAMY TEMPLE,
           THIRUVANANTHAPURAM, PIN-695 023.

     9     V.L.GEETHA,
           CLOAK ROOM IN CHARGE, SREE PADMANABHA SWAMY TEMPLE,
           THIRUVANANTHAPURAM, PIN-695 023.

           BY ADV.P.JAYACHANDRAN FOR R1 TO R3


     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. 16280 OF 2021
                                   3

                             JUDGMENT

This writ petition is filed challenging Ext.P4 order by which

the petitioner has been transferred as Cloak Room in-charge in

the temple. Ext.P4 is an order passed by the 2 nd respondent. The

learned counsel for the petitioner submits that it is only on

account of ill will harboured by the 2 nd respondent as against the

petitioner that an order in the nature of Ext.P4 is rendered

against him. It is further contended that the post to which the

petitioner has been transferred was being manned by a sweeper

and that the order is, therefore, an order of demotion.

2. The learned Standing Counsel appearing for the

respondents, on the other hand, submits that the person holding

the post was a "Puramthali vijarippu" and in the category of a

Junior Clerk. It is contended that, it is in view of the expansion

being proposed in the Cloak Room by starting of a handloom and

handicraft centre that the services of a senior clerk is required

there, which is the reason why Ext.P4 order has been passed.

3. In any view of the matter, I am of the opinion that since

the arrangement is with regard to the posting in the temple, it is WP(C) NO. 16280 OF 2021

not for this Court to consider the factual aspects of the matter or

to interfere in transfers and postings. In case the petitioner is

aggrieved by Ext.P4 in any manner, it is for the petitioner to

approach the 3rd respondent, who shall consider the issue, in

accordance with law and pass appropriate orders.

4. In the above view of the matter, there will be a

direction that in case the petitioner approaches the 3 rd

respondent with a representation against Ext.P4 within a week,

the 3rd respondent shall appropriately consider the same within

three weeks from the date of receipt of the same. In view of the

fact that the petitioner has not assumed charge in the post of

store in-charge, the assumption of charge by the petitioner can

await the orders to be passed by the respondents.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/12.08.2021 WP(C) NO. 16280 OF 2021

APPENDIX OF WP(C) 16280/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SAID NEWS REPORT PUBLISHED IN MATHRUBHOOMY DAILY, THIRUVANANTHAPURAM EDITION AT PAGE NO.7 ON 18.07.2021.

Exhibit P2 TRUE COPY OF THE MEMO NO.A2/SPST/MO/2021/1762 DATED 21.07.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE STATEMENT OF EXPLANATION DATED 23.07.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER BEARING FILED NO.A1/SPST/MO/2021 AND MO NO.322/2021/SPST DATED 02.08.2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 21.12.2020 ISSUED BY V.RATHEESAN IAS, IMPLEMENTING OFFICER/EXECUTIVE OFFICER, SREE PADMANABHA SWAMY TEMPLE.