Kerala High Court
Manikandan M vs Malabar Devaswom Board on 1 July, 2021
WA No.815/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 1st day of July 2021 / 10th Ashadha, 1943
WA NO. 815 OF 2021
Against Judgment dated 26.5.2021 in WP(C) 22096/2020 of this Court
APPELLANT/PETITIONER IN THE WRIT PETITION:
1. MANIKANDAN M., AGED 51 YEARS, S/O.NARAYANAN, MUNDAMKUZHIYIL VEEDU,
KATTUKULAM P.O., PALAKKAD - 679 514.
BY ADVS.M/S. GEORGE VARGHESE PERUMPALLIKUTTIYIL, A.R.DILEEP,
P.J.JOE PAUL, MANU SRINATH & RAJAN G. GEORGE
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:
1. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER/SECREATARY,
HOUSEFED COMPLEX, MINI BYPASS ROAD, ERANHIPPALAM, KOZHIKODE,
KERALA-673 006.
2. COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, MINI BYPASS
ROAD, ERANHIPPALAM, KOZHIKODE, KERALA-673 006.
3. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
MINI BYPASS ROAD, ERANHIPPALAM, KOZHIKODE, KERALA-673 006.
4. SREE PARIYANAMPATTA DEVASWOM, KATTUKULAM P.O., PALAKKAD DISTRICT,
KERALA-679 514, REPRESENTED BY ITS MANAGER.
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SRI.R.LAKSHMI NARAYAN, STANDING COUNSEL FOR R1 TO R3
ADV.SRI.K.MOHANAKANNAN FOR R4
SENIOR GOVERNMENT PLEADER FOR R5
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased
to direct the 4th Respondent temple to permit the Appellant to participate
in the selection procedure under Ext.P2 notification, during the pendency
of the writ appeal.
This Writ Appeal coming on for admission on 01.07.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:-
(PTO)
WA No.815/2021 2/4
-WA 815/2021-
EXT.P2: A TRUE COPY OF THE NOTIFICATION
DATED 01.10.2020 ISSUED BY 4TH
.RESONDENT
ANNEXURE R1(1): THE PHOTOCOPY OF THE
JUDGMENT DATED 3.11.2015 IN
.WP(C)NO.17976/15
WA No.815/2021 3/4
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=========================================
W.A No.815 of 2021
[arising out of the judgment
in W.P(C) No.22096/20 dated 26.05.21]
=========================================
Dated this the 01st day of July, 2021
ORDER
Admit Writ Appeal.
2. Sri.R.Lakshmi Narayan, learned Standing Counsel for the
Malabar Devaswom Board has taken notices respondent Nos.1 to 3 and
Sri.K.Mohanakannan, learned Advocate has taken notice for R4 (Temple
Manager) and the learned Senior Government Pleader has taken notice for
R5-State of Kerala. The Registry will show the names of all the Advocates
concerned in the cause list. Service complete.
3. After hearing both sides at the interim stage, we are of the view
that the contentions of the appellant based on the prescriptions in the Rule
framed under Sec.100(2)(y) at the Madras Hindu Religious and Charitable
Endowments Act as well as the contra-contentions of the respondents based
on Annexure-R1(1) judgment, etc. would require some detailed consideration.
The learned Single Judge, at the admission stage of the W.P(C) had granted
interim order on 16.10.2020 in the W.P(C), whereby it was inter alia ordered
that the writ petitioner will be entitled to apply for and be considered for the
selection to the post in question as per Ext.P-2 along with other candidates
WA No.815/2021 4/4
W.A No.815 of 2021
and that the consideration of the petitioner's case will be provisional and
subject to further orders from this Court.
4. Accordingly, it is ordered only as an interim arrangement that in
case, the appellant may apply for the post in question and that he may be
considered for the selection to the post in question as per Ext.P-2 along with
other candidates and this consideration shall be purely provisional and subject
to further orders from this Court in this appeal. This interim order by itself
will not confer any rights on the appellant and has been granted only taking
note of the prima facie nature of the case as well as the balance of
convenience. It is only taking into account these aspects, that we had passed
the interim order as aforesaid. If ultimately the entire selection process is over
and the appellant's case is not considered, then even if, the appellant wins in
this appeal, the issues may become infructuous. Both sides should be
prepared for final disposal of the matter, without much delay.
List the case in the Admission List on 02/08/2021.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDHEEN, JUDGE
vgd
01-07-2021 /True Copy/ Assistant Registrar
