M.M.Narayana Marar vs The Commissioner
2021 Latest Caselaw 558 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.196 OF 2021(Y)


PETITIONER:

               M.M.NARAYANA MARAR
               AGED 64 YEARS
               S/O.K.V.RAMACHANDRA MARAR (LATE), SREE VIDHYA,
               VADESWARAM, AROLI P.O., KANNUR - 670 562.

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


RESPONDENTS:

      1        THE COMMISSIONER
               MALABAR DEVASWOM BOARD, KOZHIKODE, ERANHIPALAM P.O.,
               PIN - 673 006.

      2        THE TRUSTEE, CHIRAKKAL KOVILAKAM DEVASWOMS
               CHIRAKKAL P.O., KANNUR DISTRICT, PIN -670011.

      3        EXECUTIVE OFFICER
               CHIRAKKAL KOVILAKAM DEVASWOMS, CHIRAKKAL P.O.,
               KANNUR DISTRICT, PIN - 670 011.

               R1 BY SRI. R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM
               BOARD
               R3 BY ADV. SRI.MAHESH V RAMAKRISHNAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.196 OF 2021(Y)                 2




                                   JUDGMENT

Dated this the 7th day of January 2021

The 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 3rd respondent to forthwith

disburse the benefits attached for the additional duty carried

out by the petitioner in the light of Ext.P2 order issued by

the 3rd respondent.

ii. Alternatively direct the 3rd respondent to consider and pass

orders on Ext.P3 within a time frame fixed by this Hon'ble

Court.

iii. To award cost of these proceedings.

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

Standing Counsel for the Malabar Devaswom Board as well as the

learned Counsel appearing for the 3rd respondent.

3. The learned Counsel appearing for the petitioner submits

that Ext.P3 representation has been preferred before the 3rd respondent

seeking remuneration for additional duty carried out by the petitioner.

4. After hearing the learned Counsel for the 3rd respondent as

well, there will be a direction to the 3rd respondent to take up, consider

and pass orders on Ext.P3 representation preferred by the petitioner,

within a period of one month from the date of receipt of a copy of this

judgment.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bb/8/1/2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 31/3/1997 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF PROCEEDINGS DATED 15/10/2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 29/1/2019 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P3(a) COPY OF THE AD CARD SIGNED BY THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:    NIL




                                      [True copy]

                                           P.A to Judge

Bb