Manoharan.A.V vs The Executive Officer
2021 Latest Caselaw 12546 Ker

WP(C) NO. 8489 OF 2021

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
                          WP(C) NO. 8489 OF 2021
PETITIONER:

        MANOHARAN.A.V,
0




        AGED 61 YEARS
        S/O.KUNHIRAMAN, ARAYULLA VEEDU, PAYYANUR AMSOM AND DESOM,
        P.O.PAYYANUR, KANNUR DISTRICT. PIN 670 307

        BY ADVS.
        M.V.AMARESAN
        SRI.S.S.ARAVIND



RESPONDENTS:

    1      THE EXECUTIVE OFFICER,
           PAYYANUR SREE SUBRAHMANIYA SWAMI TEMPLE, KANNUR
           DISTRICT. PIN 670 307

    2      COMMISSIONER
           MALABAR DEVASWAM BOARD, KOZHIKODE, PIN 673 001.

           SC MALABAR DEVASWOM BOARD


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8489 OF 2021

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                               JUDGMENT

This writ petition is filed seeking directions to the 2nd

respondent to consider Ext.P5 request made by the Executive Officer of

the Temple for reinstatement of the petitioner within a time frame.

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

Standing Counsel appearing for the 2nd respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had been working as Watchman in the 1st respondent Temple

since 1999. He was suspended from service on the allegation that a

criminal case for misappropriation of funds had been registered against

him. He was later terminated from service. It is submitted that by Ext.P1

judgment, the petitioner stands acquitted in the criminal case and the

Trustee Board of the 1st respondent has taken a decision to reinstate the

petitioner in service. Ext.P5 request had been duly made by the

Executive Officer of the 1st respondent Temple, seeking sanction for the

reinstatement of the petitioner. The learned counsel for the petitioner

seeks a consideration of the same. The learned Standing Counsel WP(C) NO. 8489 OF 2021

submits that the request preferred by the Executive Officer will be

considered by the respondent without delay.

There will, accordingly, be a direction to the 2nd respondent to take

up, consider and pass orders on Ext.P5 request made by the Executive

Officer of the 1st respondent Temple within a period of two months from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 8489 OF 2021

APPENDIX ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 24.6.2019 IN C.C.770/2011 PASSED BY HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANUR.

EXHIBIT P2 TRUE COPY OF REQUEST DATED 26.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPLY DATED 26.8.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 13.8.2020 IN W.P.(C) NO.16590/2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPNDENT DATED 25.9.2020