Gireesh.M.V vs Travancore Devaswom Board
2021 Latest Caselaw 17169 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 16279 OF 2021
PETITIONER:

          GIREESH.M.V.,
          AGED 37 YEARS
          S/O.VASUDEVAN POTTY, WORKING AS 'SANTHI', THRIKKAYIL
          MAHADEVA TEMPLE, KAMUKINPRAYAR, PURMATTOM, RESIDING AT
          MOOTHENDATHILLAM, KAVIYOOR P.O., THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PIN-689 582.

          BY ADVS.
          S.SUBHASH CHAND
          S.JAYAKRISHNAN
          S.PARAMESWARA PRASAD
          S.USHAKUMARI



RESPONDENTS:

    1     TRAVANCORE DEVASWOM BOARD,
          REPRESENTED BY ITS SECRETARY, NANTHANCODE,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     THE DEVASWOM COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD,
          THIRUVANANTHAPURAM, PIN-695 001.

    3     THE ASSISTANT DEVASWOM COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, THIRUVALLA GROUP,
          PATHANAMTHITTA DISTRICT, PIN-689 101.

    4     THE SUB GROUP OFFICER,
          KAMUKINPRAYAR SUB GROUP, PURAMATTOM, PATHANAMTHITTA
          DISTRICT, PIN-689 543.

    5     N.P.JEETHESHKUMAR,
          'SANTHI', UMAYATTUKAVU DEVI TEMPLE, UMAYATTUKARA,
          KALLISSERRY, CHENGANNUR,
          ALAPPUZHA DISTRICT, PIN-689 124.

    6     PREMJIT,
          'SANTHI', MEENTHALAKARA SASTHA TEMPLE, MANJADY,
 WP(C) NO. 16279 OF 2021        2

            PATHANAMTHITTA DISTRICT, PIN-689 105.

     7      GEETHANANDAN,
            'SANTHI', KAVIYOOR HANUMANNADA, KAVIYOOR DEVASWOM,
            KAVIYOOR, PATHANAMTHITTA DISTRICT, PIN-689 582.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16279 OF 2021                    3


                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

i. issue a writ of certiorari or any other appropriate writ, order or direction, to call for the records leading to Exhibit P4 and quash the same;

ii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 3rd respondents to cancel Exhibit P4 order and to transfer and post the petitioner as 'Santhi' either in Meenthalakara Sastha Temple and Kaviyoor Hanumannada on the basis of Exhibit P1 request;

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 working as Santhi in the Thrikkayil Mahadeva

Temple, since 2018. It is submitted that Ext.P1 application in the General

Transfer and the 3 temples opted by him were Meenthalakara Sastha

Temple, Kaviyoor Hanumannada, Mazhukeer Maha Vishnu Temple. It is

submitted that the 3rd respondent granted him a posting at the

Mazhukeer Maha Vishnu Temple, which was his 3 rd option. It is

submitted that thereafter, it appears that on a complaint made by other

persons, the transfer granted to the petitioner was recalled and Ext.P4

order was passed transferring the petitioner out to Paliyekkara

Devaswom. It is submitted that it is without notice to the petitioner that

the petitioner has been moved out to a Temple to which he had not

submitted any option.

4. The learned Standing Counsel appearing for the respondents

submits that the petitioner had not been heard before Ext.P4 order was

passed.

In any view of the matter, I am of the opinion that it is for the 1 st

respondent to take an appropriate decision in the matter. In case the

petitioner approaches the 1st respondent with an appropriate

representation within one week, pointing out his claims and the

available vacancies, the issue shall be considered with notice to the

petitioner, respondents 5, 6 and 7 and any other affected parties and

appropriate orders shall be passed within a period of one month

thereafter. Transfer of the petitioner pursuant to Ext.P4, shall be

provisional and subject to the orders to be passed by the 1 st respondent

as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 16279/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF GENERAL TRANSFER APPLICATION DATED 05.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER NO.337 DATED 09.06.2021 PASSED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF JUDGMENT DATED 05.10.2014 IN WPC NO.18570/2014 (U)OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF ORDER NO.815 DATED 30.07.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF CIRCULAR ROC NO.03/2020/S DATED 15.02.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF CIRCULAR ROC NO.46/2021/S DATED 18.02.2021 ISSUED BY THE 2ND RESPONDENT.