Arun Kumar.S.Y vs Travancore Devaswom Board - Tdb
2021 Latest Caselaw 16758 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. 16191 OF 2021
PETITIONER:

          ARUN KUMAR.S.Y
          AGED 45 YEARS
          S/O.SIVARAJAN, ARKKA BHAVAN, PANAPPAZHINJI, PAYATTUVILA
          P.O., THIRUVANANTHAPURAM 695 051 (WORKING AS 'KEEZH
          SANTHI', MALAYINKEEZHU DEVASWOM)

          BY ADVS.
          D.AJITHKUMAR
          HARSHA S. NAIR



RESPONDENTS:

    1     TRAVANCORE DEVASWOM BOARD - TDB
          REP.BY ITS SECRETARY, NANTHANCODE P.O.,
          THIRUVANANTHAPURAM 695 003

    2     SECRETARY
          TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O.,
          THIRUVANANTHAPURAM 695 003

    3     DEVASWOM COMMISSIONER
          TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O.,
          THIRUVANANTHAPURAM 695 003

    4     ASSISTANT DEVASWOM COMMISSIONER
          ASSISTANT DEVASWOM COMMISSIONER OFFICE, NEYYATTINKARA
          GROUP, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA P.O.,
          THIRUVANANTHAPURAM 695 121

    5     A.DHANAJAYAN
          SHANTHI, ITHIYOOR DEVASWOM, NEYYATTINKARA GROUP,
          TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA P.O.,
          THIRUVANANTHAPURAM 695 121

    6     S.ESWARAN POTTI
          SANTHI, THALIYADICHAPURAM DEVASWOM, NEYYATTINKARA P.O.,
          THIRUVANANTHAPURAM 695 121
 WP(C) NO. 16191 OF 2021

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             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. 16191 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exhibit-P6 and quash the same;

ii) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1, 3 and 4 to consider the transfer of the petitioner as per Exhibit-P2 application to Ithiyoor Devaswomor to Thaliyadichapuram Devaswam."

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 5 and 6 is dispensed with.

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

against his transfer from Marthandeswaram Devaswom to

Malayinkeezh Devaswom he has submitted Ext.P4 appeal before the 3 rd

respondent and seeks a consideration thereof.

4. The learned Standing Counsel submits that the order of transfer

has not been produced along with the writ petition. However, in view of

the fact that the petitioner stands transferred and the order of transfer

is referred to in Ext.P4, it is submitted that in case the copy of the writ

petition is produced before the 3rd respondent, the 3rd respondent shall

put the petitioner as well as respondents 5 and 6 on notice and consider WP(C) NO. 16191 OF 2021

the issue and pass orders thereon.

There will, accordingly, be a direction to the 3 rd respondent to

take up Ext.P4 representation preferred by the petitioner on 31.07.2021

and to consider and pass orders on the same with notice to the

petitioner as well as the respondents 5 and 6 and after hearing them

through any appropriate means, including video conferencing, within a

period of six weeks from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this writ petition along with the

copy of the judgment before the 3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 16191 OF 2021

APPENDIX OF WP(C) 16191/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR ISSUED BY 3RD RESPONDENT AS PER VIDE ROC NO.46/2021/8 DATED 18.2.2021 INVITING APPLICATIONS FOR GENERAL TRANSFER OF TEMPLE EMPLOYEES 2021

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE TRANSFER ORDER ISSUED BY 4TH RESPONDENT DATED 11.6.2021 TRANSFERRING THE 5TH RESPONDENT TO ITHIYOOR DEVASWOM AND 6TH RESPONDENT TO THALIYADICHAPURAM DEVASWOM.

Exhibit P4 TRUE COPY OF THE APPEAL DATED 31.7.2021 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 31.7.2021 SENT BY PETITIONER TO THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE RELIEVING ORDER DATED 31.7.2021 ISSUED BY SUB GROUP OFFICER, BHARADWALA RISHEESWARAN DEVASWOM TO THE PETITIONER.