P. Subramanyan Namboothiri vs Malabar Devaswom Board
2021 Latest Caselaw 4695 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.1348 OF 2021(P)


PETITIONER:

               P. SUBRAMANYAN NAMBOOTHIRI
               AGED 46 YEARS
               S/O. P. KRISHNAN NAMBOOTHIRI (LATE) PERKULATHILLAM,
               KALESWARAM , KANKOL P.O, KANNUR 670 307

               BY ADVS.
               SRI.J.JULIAN XAVIER
               SRI.FIROZ K.ROBIN
               SRI.ROY JOSEPH
               SRI.PIOUS MATHEW
               SMT.ANIES MATHEW
               SRI.E.HARIDAS

RESPONDENTS:

      1        MALABAR DEVASWOM BOARD,
               HOUSE FED CPOMPLEX, ERANHIPALAM P.O, KOZHIKODE, PIN
               675 051 REPRESENTED BY ITS SECRETARY

      2        THE COMMISSIONER,
               MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
               ERANHIPALAM P.O, KOZHIKODE, PIN 675 051

      3        THE ASSISTANT COMMISSIONER,
               MALABAR DEVASWOM BOARD, KASARAGOD DIVISION,
               NEELESWARAM, KASARGOD DISTRICT, PIN 671 314

      4        SREE NAMBIATHRAKOVVAL SIVA TEMPLE,
               PAYYANNUR P.O, KANNUR 670 307
               REPRESENTED BY THE TRUSTEE BOARD

      5        EXECUTIVE OFFICER,
               SREE NAMBIATHRAKOVVAL SIVA TEMPLE, PAYYANNUR P.O,
               KANNUR 670 307

               R5 BY ADV. SRI.MAHESH V RAMAKRISHNAN


               R. LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1348 OF 2021(P)

                                         2




                                  JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following reliefs:

"i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent to forthwith reinstate the petitioner in service in the light of Ext.P13 affidavit filed by Sri.C.J.Jayakrishanan.

ii. To call for the records connected with the case leading to Exts.P1, P3, P4 and all subsequent proceedings initiated by the 5th respondent and quash the original of Exts.P1, P3, P4 and all other subsequent proceedings in the light of Ext.P13 by issuing a writ of certiorari.

iii. To direct the 2nd respondent to take appropriate action against the incumbent in the post of 5 th respondent who has consistently not complied with the directions issued by this Hon'ble Court and further direct the 2nd respondent to see that the 5 th respondent is not withdrawing his salary and other allowance without strictly complying with the directions issued by this Hon'ble Court.

iv. To direct the respondents 2 to 5 to see that the petitioner is reinstated in service, pending disposal of the writ petition."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the Malabar Devaswom Board as well WP(C).No.1348 OF 2021(P)

as the learned counsel appearing for the 5th respondent.

3. It is submitted by the learned counsel appearing for the 5 th

respondent that the disciplinary proceedings have been concluded

and that orders have been dispatched to the petitioner on

05.02.2021.

4. In the above view of the matter, I am of the opinion that

further prayers raised in the writ petition are liable to be

considered in appropriate proceedings which are said to be pending

before this Court.

This writ petition is, accordingly, closed leaving liberty to the

petitioner to challenge the order passed in the disciplinary

proceedings, if he is aggrieved by it, in terms of the provisions of

the Madras Hindu Religious and Charitable Endowments Act, 1951.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1348 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 3-2-2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED 6-2-2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER NO. 1/2020 DATED 10-

02-2020 ISSUED BY THE 5TH RESPONDENT`

EXHIBIT P4 TRUE COPY OF MEMO OF CHARGES DATED 1-6-2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE EXPLANATION DATED 16-06-

2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 12-

08-2020 SUBMITTED BEFORE THE 5TH RESPONDENT BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 30-09-2020 IN W.P(C) NO. 17682/2020

EXHIBIT P8 TRUE COPY OF THE EXPLANATION DATED 20-10-

2020 SUBMITTED TO THE CHARGE MEMO

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 16-10-2020 IN IA NO. 3/2020 IN ENQUIRY NO. 1/2020

EXHIBIT P10 COPY OF THE AFFIDAVIT PETITION NO. 3/2020 FILED BY THE 5TH RESPONDENT IN W.P(C) NO. 17682/2020

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 12-11-2020 IN I.A NO. 3/2020 IN W.P9C0 NO. 17682/2020

EXHIBIT P12 TRUE COPY OF THE COVERING LETTER DATED 4-1-

2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE AFFIDAVIT SWORN DATED 21-

11-2020 SUBMITTED BY SRI C. JAYAKRISHNAN BEFORE THE DOMESTIC ENQUIRY OFFICER.