Kerala High Court
The Naduvilmadham Devaswoms vs The Commissioner on 24 March, 2021
WA 534/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday,the 24th day of March 2021/3rd Chaithra, 1943
For information purpose only
WA No.534/2021
Against judgment dated 11-02-2020 in WP(C) No.8444/2019 of this Court.
APPELLANT/PETITIONER:
THE NADUVILMADHAM DEVASWOMS,
PAZHAYANADAKKAVU, M.G ROAD, THRISSUR, REPRESENTED BY ITS
MANAGER, T. JAYANTHAN NAMOODIRI S/O. LATE RAMAN NAMBOODIRI,
AGED 58 YEARS.
BY ADV.
BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS:
1. THE COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX, ERANHIPALAM,
KOZHIKODE 673 010.
2. THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD, THALASSERY. 670 101
3. K.G SREEKUMARAN NAMBOODIRI,
AGED 52 YEARS, S/O. KUNHIRAMAN NAMBOODIRI, SHANTHI, RESIDING AT
'KIZHAKKE GOVINDILLAM,' MOTTAMMAL P.O, KANNUR 670 331.
4. P. NARAYANAN NAMBOODIRI,
AGED 59 YEARS, S/O. SANKARAN NAMBOODIRI, TEMPORARY SANTHI,
SREE PRAYANGOD SIVA TEMPLE, KANNAPURAM, KANNUR 670 004.
5. THE MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, ERANHIPALAM, KOZHIKODE 673
010.
BY SRI. R. LAKSHMI NARAYANAN, STANDING COUNSEL FOR R-1
R-2&R-5.
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in
the appeal memorandum the High Court be pleased to stay the operation of the judgment dated
11.2.2020 in W.P.(C).No.8444 of 2019 to the extent it directs regularization of services of the
4th respondent, pending disposal of the writ appeal,in the interest of justice.
WA 534/2021 2/4
This Writ Appeal coming on for admission on 24.03.2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
For information purpose only
ALEXANDER THOMAS & K. BABU, JJ.
----------------------------------------------------
W.A. No.534 of 2021
[arising out of judgment dated 11.02.2020
in W.P.(C) No.8444/2019]
----------------------------------------------
Dated this the 24th day of March, 2021
For information purpose only
ORDER
Notices before admission for respondents 1, 2 & 5 have been
taken by Sri.R.Lakshmi Narayanan, the learned Standing Counsel for
the Malabar Devaswom Board. Issue notices before admission to
contesting respondents 3 & 4 by speed post, returnable within 2
weeks. The appellant is also permitted to serve notices on contesting
respondents 3 & 4 through Sri.Mahesh V. Ramakrishnan and Sri.E.N.
Vishnu Namboodiri, the learned Advocates, respectively and memo
may be filed regarding receipt of such notices.
2. Sri.Binoy Vasudevan, the learned counsel appearing for
the appellant/writ petitioner would urge that the 4 th respondent was
never regularly appointed and also never regularised in service as
'melshanti' and that therefore, merely by afflux of time, the respondent
Commissioner of Malabar Devaswom Board will not get jurisdiction to
order regularisation of service of a personnel like the 4 th respondent.
Further that the 4th respondent has already retired from service and
the main issue is as to the consequential benefits arising out of the
enforcement of the directions in the impugned judgment, etc.
3. Taking note of these submissions it is ordered that the
operation and enforcement of the impugned judgment dated
11.02.2020, rendered by the learned Single Judge in W.P.(C)
No.8444 of 2019, to the extent it concerns the working of
For information purpose only
consequential benefits going therefrom, will remain stayed and
shall be kept in abeyance. This order will be in force till 16.06.2021.
4. Both sides should be prepared to facilitate the earlier
disposal of the main matter in this appeal as the point in issue lies
on a narrow compass and in view of the retirement of the 4 th
respondent, the matter may not be proper to keep such a matter
pending for a long time.
List the case in the admission list on 26.05.2021 along with
W.A. No.1700 of 2020.
H/o copies of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
K. BABU,
JUDGE
Skk//25032021
25/03/21
/true copy/ Sd/- ASSISTANT REGISTRAR
