Kerala High Court
N.Jayakrishnan vs N.Jayakrishnan on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WA.No.1282 OF 2020
AGAINST THE INTERIM ORDER DATED 24.09.2020 IN WP(C)
NO.15905/2020(K) OF HIGH COURT OF KERALA
APPELLANT/8TH RESPONDENT:
N.JAYAKRISHNAN
AGED 41 YEARS
S/O.S.NARAYANAN POTTI, NARAYANEEYAM, SAARKARA,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695 310.
BY ADV. SMT.MINI.V.A.
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 TO 7:
1 G.H.BIJU
AGED 38 YEARS
S/O.HARIHARA SHARMA, VADAKKE MADOM HOUSE,
KAPPIL P.O., EDAVA VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM-695 311.
2 THE TRAVANCORE DEVASWOM BOARD
NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM
DISTRICT-695 003, REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY
THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003.
4 THE COMMISSIONER
THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003.
5 THE ASSISTANT COMMISSIONER
ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM DISTRICT-695 001.
6 THE ASSISTANT COMMISSIONER
VARKALA GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM DISTRICT-695 141.
W.A No.1282 of 2020
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7 THE SUB GROUP OFFICER
SUB GROUP OF KAPPIL, VARKALA GROUP, TRAVANCORE
DEVASWOM BOARD, KAPPIL P.O., EDAVA, VARKALA,
THIRUVANANTHAPURAM-695 311.
8 G.BIJU NAMPOOTHIRI
S/O.GOPALAKRISHNAN NAMPOOTHIRI, NEELAMENA ILLAM @
POURNAMI NIVAS, BHOOTHAKULAM P.O.,
KOLLAM DISTRICT-691 302.
R1 BY ADV. SRI.MANU RAMACHANDRAN
R1 BY ADV. SRI.M.KIRANLAL
R1 BY ADV. SRI.T.S.SARATH
R1 BY ADV. SRI.R.RAJESH (VARKALA)
R1 BY ADV. SHRI.SAMEER M NAIR
SRI.C.K.PAVITHRAN,SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A No.1282 of 2020
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ALEXANDER THOMAS & GOPINATH P., JJ.
==================================
W.A No.1282 of 2020
(arising out of the interim order dated 24.09.2020
in W.P(C) No.15905 of 2020)
==================================
Dated this the 08th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The aforecaptioned Writ Appeal has been filed as an intra-court
appeal under Sec.5(i) of the Kerala High Court Act for impugning the
interim order dated 24.09.2020 rendered by a learned Single Judge of
this Court in W.P(C)No.15905/2020 filed by the appellant (R8 in the
W.P(C)).
2. Heard Smt.V.A.Mini, learned counsel appearing for the
writ appellant/R8 in the W.P(C), Sri.C.K.Pavithran, learned Standing
Counsel for the Travancore Devaswom Board appearing for official
respondent Nos.2 to 7 in the writ appeal and Sri.Manu Ramachandran,
learned counsel appearing for R1 herein (writ petitioner). It appears
that R8 herein (R7 in the W.P(C)), is sailing together with the writ
appellant (R7 in the W.P(C)). In the nature of the orders proposed to
be passed by this Court in this appeal, notice to R8 will stand
W.A No.1282 of 2020
dispensed with.
3. The impugned order in this intra-court appeal is an interim
order rendered by a learned Single Judge of this Court on 24.09.2020,
whereby, an already current interim order was directed to be extended
until the next posting date (27.10.2020). It appears that the original
interim order was granted on 11.08.2020. Further, we are apprised
that the impugned interim order dated 24.09.2020 has been extended
until further orders. The said interim order dated 24.09.2020 has also
been extended from time to time by the learned Single Judge. The
writ appeal has been filed in the instant case challenging only the
order granted on 24.09.2020 by the learned Single Judge, whereby the
original interim order dated 11.08.2020 was granted by the learned
Single Judge in the W.P(C). In the above writ appeal, the appellant
has not challenged the original interim order dated 11.08.2020 by the
learned Single Judge. Only after filing of the present writ appeal, the
appellant has chosen to file an application seeking for amendment of
the pleas in the memorandum of writ appeal to incorporate the
challenge as against the original interim order dated 11.08.2020. The
matter essentially arises out of the transfer and postings of employees
(Shanthikkaran viz., temple priest) in various administrative groups
W.A No.1282 of 2020
under the respondent-Travancore Devaswom Board.
4. We have heard the parties in length and we are of the
considered view that since the matter is essentially relating to transfer
of employees in the Devaswom Board, the entire controversy could be
given a quietus, if the main matter in the W.P(C) is finally disposed of,
provided all the parties concerned willfully co-operate in that regard.
After hearing the parties concerned, we are not persuaded to take the
view that the exercise of discretion by the learned Single Judge in
granting the impugned interim order or the original interim order, is
in any manner unreasonable or improper. It has to be borne in mind
that the impugned order has been rendered by the learned Single
Judge only at the interlocutory stage, taking into consideration the
prima facie nature of the case involved and the balance of
convenience. Therefore, it is for the appellant and all the other parties
concerned to ensure that they all co-operate for the final disposal of
the main matter in the W.P(C), without any further delay.
5. The Registry is directed to list W.P(C) No.15905/2020, for
final disposal in the petition list on 08/02/2021. All the parties have
apprised that the pleadings in the W.P(C) have been completed; so
that the learned Single Judge is enabled to consider the final disposal
W.A No.1282 of 2020
of the W.P(C), without any further delay. We make it clear that none
of the observations and findings made by this Court, can be construed
even in any manner as an expression on the merits of the controversy,
which would fall exclusively within the province of the learned Single
Judge, for the final determination of the main matter in the W.P(C).
With these observations and directions, the above Writ Appeal
will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
GOPINATH P., JUDGE
vgd
