Kerala High Court
Ratheesh vs The Secretary on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
DBP NO. 48 OF 2020
IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB REPORT
NO.37/2020 IN COMPLAINT NOS.14/2020 AND 87/2020 - MATTER
RELATED TO THE APPOINTMENT AS KAZHAKOM IN THE
PARAKKOTTUKAVU DEVASWOM KEEZHEDAM SREE OTITTAKOOTALA
TEMPLE - CLAIM MADE BY THE PETITIONER SINCE HIS LATE
FATHER WAS A HEREDITARY EMPLOYEE- SUO MOTU PROCEEDINGS
INITIATED - REG.
------------
PETITIONER:
DEEPESH K.R, KALATHIL AMPALAPATT HOUSE,
KANIYORKODE P. O.,THIRUVILWAMALA,THRISSUR
SUO MOTO
RESPONDENT:
THE SECRETARY,COCHIN DEVASWOM BOARD,
THRISSUR
BY ADV. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 02.11.2021, ALONG WITH DBP NO.49/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
DBP No.48 of 2020 & con.cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
DBP NO. 49 OF 2020
IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB REPORT
NO.37/2020 IN COMPLAINT NO.87A OF 2020 - MATTER RELATED
TO THE APPOINTMENT AS KAZHAKOM IN THE PARAKKOTTUKAVU
DEVASWOM KEEZHEDAM SREE ODITTAKOOTALA TEMPLE - CLAIM MADE
BY THE PETITIONER CONSIDERING THE SAME AS A PERMANENT
POST - SUO MOTU PROCEEDINGS INITIATED - REG.
------------
PETITIONER:
RATHEESH, ARCHTECH SURVEYORS, PLAMOODU,
PATTOM P.O., THIRUVANANTHAPURAM
SUO MOTU
RESPONDENT:
THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 02.11.2021, ALONG WITH DBP.48/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-3-
DBP No.48 of 2020 & con.cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
DBP NO. 83 OF 2019
IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB REPORT
NO.63/2019 IN COMPLAINT NO.98/19-REQUEST OF
SRI.P.N.RAJEEV MARAR, EMPLOYEE WORKING ON DAILY WAGES IN
PALLIMANNA TEMPLE UNDER UHRALLIKAVU DEVASWOM AVAILING
PERMANANT APPOINTMENT IN THE POST OF ADIYANTHARAM MARAR-
SUO MOTU PROCEEDINGS INITIATED - REG.
------------
PETITIONER:
P.N.RAJEEV MARAR,AGED 53 YEARS
PALLIMANA MARATH HOUSE,KANJIRAKODE P. O.,
WADAKKANCHERRY, THRISSUR - 680 590
BY ADVS.SMT. SUJINI S.
RESPONDENTS:
THE SECRETARY, COCHIN DEVASWOM BOARD,
THRISSUR
BY ADV SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM
BOARD
SRI P.RAMACHANDRAN-AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 02.11.2021, ALONG WITH DBP.48/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-4-
DBP No.48 of 2020 & con.cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
WP(C) NO. 4290 OF 2021
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB
PROCEEDINGS INITIATED - REG.
------------
PETITIONER:
[email protected] P.N.RAJEEV MARAR @ P.N.RAJEEV
KUMAR
AGED 55 YEARS
S/O. LATE NARAYANA MARAR., RESIDING AT PALLIMANA
MARATH HOUSE, KUMBALANGAD, KANNIRAKODE P.O.,
THRISSUR 680 590
BY ADV S.SUJINI
RESPONDENTS:
1 SECRETARY, COCHIN DEVASWOM BOARD
OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND
NORTH, TRICHUR 680 001
2 DEVASWOM OFFICER,KEEZHEDAM PALLIMANA SHIVA
KSHETHRAM, UTHRALIKAVU DEVASWAM OFFICE,
UTHRALIKKAVU 680 590
3 SECRETARY,KERALA DEVASWAM RECRUITMENT BOARD,
THIRUVATHAMKUR DEVASWOM BOARD BUILDING, M.G
ROAD, AYURVEDA COLLEGE JUNCTION,
THIRUVANANTHAPURAM 695 001
R1 BY SRI.K.P.SUDHEER, SC
-5-
DBP No.48 of 2020 & con.cases
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2021, ALONG WITH DBP.48/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-6-
DBP No.48 of 2020 & con.cases
ORDER/JUDGMENT
Anil K. Narendran, J.
DBP Nos.48 and 49 of 2020:- These DBPs are registered
based on CDB Report No.37 of 2020 of the learned
Ombudsman in Complaint Nos.14/2020 and 81/2020 relating
to the appointment as Kazhakom in Parakkottukavu
Devaswom, Keezhedam Sree Odittakootala Temple. The claim
made by Sri.Deepesh K.R., who is the complainant in those
complaints, is that he is entitled for appointment as Kazhakom
in the temple in question, since his father K.A. Ramachandran
was a hereditary employee of that temple. In CDB Report
No.37 of 2020, the learned Ombudsman has also considered
Complaint No.87A of 2020, another complaint submitted by
Sri.Ratheesh, wherein it is stated that after the death of K.A.
Ramachandran in the year 2013, Sri.Deepesh was working as
Kazhakom in Parakkottukavu Devaswom, Keezhedam Sree
Odittakootala Temple. For the last seven years, Deepesh has
not chosen to produce any documents to prove Karayma right
and as such that post was treated as permanent post, for
making appointment through the Kerala Devaswom
Recruitment Board.
DBP No.48 of 2020 & con.cases
2. On 23.07.2021, when DBP Nos.48 and 49 of 2020
came up for consideration, this Court made it clear that the
pendency of the captioned DBPs will not be an impediment in
the Cochin Devaswom Board considering the issue whether
the petitioner in D.B.P.No.48 of 2020 is entitled to get
appointment as hereditary employee against the post of
Kazhakom in Parakkottukavu Devaswom, Keezhedam Sree
Odittakootala Temple. The order of this Court dated
23.07.2021 reads thus;
"It is submitted by the learned Standing Counsel for
Cochin Devaswom Board (CDB) that the petitioner in
DBP.No.48 of 2020 Sri.Deepesh.K.R. is presently
employed on daily wage basis as kazhakam. The
question to be decided on his representation is whether
he is entitled to get appointment against the post
recognising his hereditary right. It is submitted by the
learned Standing Counsel that the issue will be
considered by CDB if permitted by this Court. We are of
the considered view that the issue whether the
petitioner in DBP.No.48 of 2020 is entitled to get
posting as hereditary employee against the post of
kazhakam is a matter tobe decided at the first instance
by the Cochin Devaswom Board. In such circumstances,
we make it clear that pendency of the captioned DBPs
will not be an impediment for such consideration, in
accordance with law. In other words, CDB is permitted
DBP No.48 of 2020 & con.cases
to take up the representation and consider that issue
pending consideration of the captioned DBPs. The
question whether it is a vacancy which is liable to be
reported to the Recruitment Board essentially would
depend upon the decision on the aforesaid issue. In
such circumstances, the said issue may be considered
by the CDB expeditiously, at any rate, within a period of
three weeks. Upon taking such decision on the
aforesaid issue copy of the order pending a decision
shall be produced before the Court."
3. Pursuant to the direction contained in the order
dated 23.07.2021, the Special Devaswom Commissioner has
issued Annexure R1(A) guidelines regarding the service
conditions of karayma employees in various temples under
Cochin Devaswom Board, which came into force with effect
from 17.09.2021 and also Annexure R1(B) order dated
13.10.2021, whereby the Special Devaswom Commissioner
has directed Deepesh K.R. to produce necessary documents in
order to prove his claim for appointment as Kazhakom in
Parakkottukavu Devaswom, Keezhedam Sree Odittakootala
Temple, under Karayma right. He is directed to submit
necessary application before the Devaswom Officer,
Parakkottukavu Devaswom along with supporting documents
to prove his Karayma right.
DBP No.48 of 2020 & con.cases
4. In the statement filed by the learned Standing
Counsel for Cochin Devaswom Board, which is one dated
25.10.2021, it is stated that by Annexure R1(B) order,
Sri.Deepesh K.R. is directed to submit necessary documents
before the Devaswom Officer, Parakkottukavu Devaswom, in
order to consider his request for appointment as Kazhakom, in
terms of Annexure R1(A) guidelines formulated by the Board
and that, necessary orders will be passed in terms of that
guidelines, immediately on receipt of the documents.
5. DBP No.83 of 2019 & W.P.(C)No.4290 of 2021:-
DBP No.83 of 2019 is registered based on CDB Report No.63
of 2019 in Complaint No.98/19 of the learned Ombudsman.
The said complaint was made by P.N. Rajeev Marar, the
petitioner in D.B.P.No.83 of 2019, who is the writ petitioner in
W.P.(C)No.4290 of 2021, claiming appointment in Pallimanna
Temple under Uthralikkavu Devaswom in Thiruvallamala
Group as Poojakottu Adiyantharam. He is presently employed
on daily wages as Adiyantharam Marar in that temple, since
2008 on a daily wages of Rs.90/-. His father Late
Sreenarayana Marar was a hereditary employee of that
temple, who was conducting Padikottu Adiyantharam. In CDB
DBP No.48 of 2020 & con.cases
Report No.63 of 2019, the learned Ombudsman observed that,
as per Section 7(1) of the Hindu Succession Act, 1956, all the
interest in Thavazhi or Tharavadu governed by
Marumakkathazham Law would be devolved by testamentary
or intestate, as the case may be, under the Hindu Succession
Act, and not according to Marumakkathazham Law. In W.P.
(C)No.4290 of 2021, the petitioner is seeking a writ of
certiorari to quash Ext.P5 proceedings dated 02.05.2019 of
the 1st respondent Secretary of the Cochin Devaswom Board,
whereby his request for employment on permanent basis in
the temple in question under Karayma right stands rejected.
The petitioner has also sought for a writ of mandamus
commanding the 1st respondent to regularise his employment,
by giving him all the benefits due, right from 2002 onwards; a
declaration that the reasons stated by the 1 st respondent in
Ext.P5 to reject the claim put forward by the petitioner is not
tenable; and a declaration that the petitioner is a successor-
in-interest as per Section 7(1) of the Hindu Succession Act,
1956, and he is eligible to be regularized and appointed
permanently as Poojakottu Adiyantharam.
6. Heard the learned counsel on both sides.
DBP No.48 of 2020 & con.cases
7. Pursuant to the direction contained in the order of
this Court dated 23.07.2021 in D.B.P.Nos.48 and 49 of 2020,
the Special Devaswom Commissioner has issued Annexure
R1(A) guidelines regarding the service conditions of karayma
employees in various temples under Cochin Devaswom Board.
Annexure R1(A) guidelines came into force with effect from
17.09.2021. By Annexure R1(B) order dated 13.10.2021, the
Special Devaswom Commissioner has directed Deepesh K.R.,
the petitioner in D.B.P.Nos.48 and 49 of 2020, to produce
necessary documents in order to prove his claim for
appointment as Kazhakom in Parakkottukavu Devaswom,
Keezhedam Sree Odittakootala Temple, under Karayma right.
8. Insofar as the petitioner in D.B.P.No.83 of 2019,
who is the writ petitioner in W.P.(C)No.4290 of 2021 is
concerned, the learned Standing Counsel for Cochin
Devaswom Board would submit that, in view of Annexure
R1(A) guidelines, the Cochin Devaswom Board shall
reconsider his claim for appointment as Poojakottu
Adiyantharam, under Karayma right, with notice to the
petitioner, in case he submits necessary application before the
Devaswom Officer, Parakkottukavu Devaswom, along with
DBP No.48 of 2020 & con.cases
supporting documents. The entitlement of the petitioner to
make such claim will also be reconsidered, after considering
the legal contentions raised by the petitioner.
9. In such circumstances, D.B.P.Nos.48 and 49 of
2020 are disposed of by directing the petitioner in D.B.P.No.48
of 2020 to make a proper application before the Devaswom
Officer, Parakkottukavu Devaswom, along with necessary
documents, claiming appointment as Kazhakom in
Parakkottukavu Devaswom, Keezhedam Sree Odittakootala
Temple, under Karayma right, within four weeks from the date
of receipt of a certified copy of this order, in which event, the
competent authority in Cochin Devaswom Board shall consider
that request, strictly in terms of Annexure R1(A) guidelines,
with notice to the petitioner and after affording him an
opportunity of being heard and appropriate orders shall be
passed, as expeditiously as possible, at any rate, within a
period of three months from the date of receipt of such
application.
D.B.P.No.83 of 2019 and W.P.(C)No.4290 of 2021 are
disposed of by setting aside Ext.P5 order dated 02.05.2019 of
the Secretary of Cochin Devaswom Board. The petitioner shall
DBP No.48 of 2020 & con.cases
submit a proper application before the Devaswom Officer,
Parakkottukavu Devaswom, along with necessary documents,
claiming appointment as Poojakottu Adiyantharam in
Pallimanna Temple under Uthralikkavu Devaswom, under
Karayma right, within four weeks from the date of receipt of a
certified copy of this order, in which event, the competent
authority in Cochin Devaswom Board shall consider that
request, strictly in terms of Annexure R1(A) guidelines in
D.B.P.Nos.48 and 49 of 2020, with notice to the petitioner and
after affording him an opportunity of being heard and
appropriate orders shall be passed, as expeditiously as
possible, at any rate, within a period of three months from the
date of receipt of such application. The entitlement of the
petitioner to make such claim will also be reconsidered, after
considering the legal contentions raised by the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/3/11
DBP No.48 of 2020 & con.cases
In paragraph 1 of the Order/Judgment dtd.2/11/2021,
'Complaint Nos 14/2020 and 81/2020' is corrected as
'Complaint Nos. 14/2020 and 87/2020' and in paragraph 5 of
the order at page 9 the word 'Thiruvallamala Group' is
corrected as 'Thiruvilwamala Group' vide order dated
22/11/2021 in DBP 48/2020.
Sd/-
DEPUTY REGISTRAR
DBP No.48 of 2020 & con.cases
APPENDIX OF DBP No.48 of 2020
RESPONDENTS' ANNEXURES :
ANNEUXRE R1(A) TRUE COPY OF THE GUIDELINES FORMULATED
BY THE RESPONDENT REGARDING THE
SERVICE CONDITIONS OF KARAYMA
EMPLOYEES
ANNEUXRE R1(B) TRUE COPY OF ORDER ON M4.10620/2014
DATED 13.10.2021 ISSUED BY SPECIAL
DEVASWOM COMMISSIONER
DBP No.48 of 2020 & con.cases
APPENDIX OF WP(C) 4290/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE IDEINTITY CARD ISSUED
BY THE COCHIN DEVASWOM BOARD IN
RESPECT OF THE PETITIONER SHOWING HIS
NAME AS P.N RAJEEV KUMAR
EXHIBIT P1 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER SHOWING THE PETITIOENR'S
NAME AS RAJEEVAN P.N
EXHIBIT P2 TRUE COPY OF THE CONSENT AFFIDAVIT
DATED 09-06-2017 SUBMITTED BEFORE THE
COCHIN DEVASWOM BOARD BY THE
SIBINGS/BROTHERS OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE ORDER NO. M 7412/2017
DATED 28-03-2018 IN THE PROCEEDINGS OF
THE COCHIN DEVASWOM BOARD
EXHIBIT P4 TRUE COPY OF THE ORDER NO. M4
7412/2017 DATED 04-10-2018 IN THE
PROCEEDINGS OF THE COCHIN DEVASWOM
BOARD
EXHIBIT P5 TRUE COPY OF THE ORDER NO.
M4.7412/2017 DATED 02-05-2019, IN THE
PROCEEDINGS OF THE COCHIN DEVASWOM
BOARD
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 27-
05-2019 SUBMITTED BEFORE HON'BLE
OMBUDSMAN FOR COCHIN DEVASWOM BOARD
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO. M4
7412/2017 DATED 25-06-2019 FROM THE
OFFICE OF THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE COMMUNCIATION NO. M4
7412/2017 DATED 16-11-2019 FROM THE
OFFICE OF THE 1ST RESPONDENT.
DBP No.48 of 2020 & con.cases
EXHIBIT P9 TRUE COPY OF THE CDB REPORT NO.
63/2019 IN COMPLAINT NO. 98/2019 DATED
27-11-2019 OF THE HON'BLE OMBUDSMAN,
COCHIN DEVASWOM BOARD
EXHIBIT P9 A TRUE COP[Y OF THE AFFIDAVIT SUBMITTED
BY THE PETITIONER IN DBP NO. 83/2019
PENDING BEFORE THIS HON'BLE COURT
EXHIBIT P10 TRUE COPY OF REPLY DATED 27-07-2020
RECEIVED FROM THE DEVASWOM OFFICER,
RELATING TO THE APPOINTMENT OF SMT.
SREELATHA W/O. LATE KESAVAN NAMBISAN
EXHIBIT P11 TRUE COPY OF THE REPLY DATED 29-07-
2020 RECEIVED FROM THE STATE PUBLIC
INFORMATION OFFICER, RELATING TO THE
APPOINTMENT OF SRI M ANIL, S/O. LATE
M. VASUDEVAN NAMBOODIRIPAD AS
MELSANTHI OF VILVADRINATHA KSHETHRAM
