Nandagopan vs Travancore Devaswom Board
2021 Latest Caselaw 22173 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                  THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                       &
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         Friday, the 5th day of November 2021 / 14th Karthika, 1943
                             WA NO. 1294 OF 2021

   AGAINST JUDGMENT DATED 03.09.2021 IN WP(C) 12476/2021 OF THIS COURT.

                                      ---

APPELLANT/APPELLANT:

  NANDAGOPAN,AGED 26 YEARS,S/O. GOPAKUMAR,

  SREEPADMAM,OPPOSITE TO MAHADEVA TEMPLE,

  KATTAKKADA,THIRUVANANTHAPURAM,

 PIN   695 572.

BY ADVS.M/S.GOPAKUMAR R.THALIYAL & M.S.VIJAYACHANDRA BABU

RESPONDENTS/RESPONDENTS:

1.TRAVANCORE DEVASWOM BOARD, NANTHANCODE,

  THIRUVANANTHAPURAM, PIN- 695 004,

  REPRESENTED BY ITS SECRETARY.

2.THE COMMISSIONER,TRAVANCORE DEVASWOM BOARD,

  NANTHANCODE,THIRUVANANTHAPURAM,

  PIN - 695 004

3.SMT. CHINJU PRABHA L., W/O. DHANESH,

  DHANESH BHAVANAM, ERICKAVU,

  KARTHIKAPPALLY (P.O.),ALAPPUZHA DISTRICT,

  PIN-690 516.




                                                                      P.T.O.
 *ADDL.R4 IMPLEADED

ADDL.R4:THE STATE OF KERALA,

    REPRESENTED BY THE PRINCIPAL SECRETARY

    TO GOVERNMENT,REVENUE (DEVASWOM) DEPARTMENT,

    GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER DATED 5/1/2021 IN WA
1294/2021.

BY STANDING COUNSEL SRI.G.BIJU FOR R1 & R2

SRI.B.UNNIKRISHNA KAIMAL,SENIOR GOVERNMENT PLEADER FOR R4


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an interim order, staying all further proceedings pursuant to
Exhibit P6, pending final disposal of this Writ Appeal.


     This Writ Appeal coming on for orders along with connected case on
05/11/2021 upon perusing the appeal memorandum, the court on the same day
passed the following:


                                                                     P.T.O.
 EXT.P6:TRUE COPY OF THE ORDER ISSUED BY THE

1ST RESPONDENT DATED 21.04.2021.

                             ---
          ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
  =================================================
                W.A. Nos. 1294 & 1297 of 2021
                  [arising out of impugned judgment dated 3.9.2021 in
                     WP(C) Nos. 12476 & 5895 of 2021 respectively]
   =================================================
             Dated this the 5th day of November, 2021

                                      ORDER

Sri.G.Biju, learned Standing Counsel for the Travancore Devaswom

Board submits that a statement dated 5.11.2021 has been filed for and on

behalf of R-1 & R-2 with bench mark today.

2. The Standing Counsel for R-1 & R-2 will ensure that copies of

said statement shall be made available to the appellant and R-3 herein today

itself, if not served.

3. Both sides will address this Court as to whether the respondent

Travancore Devaswom Board has the power and competence to frame

statutory rules retrospectively, since, Sec.35 of the Travancore-Cochin

Hindu Religious Institutions Act, 1950, does not explicitly empower the

Board to make such rules retrospectively, and also on the issue as to

whether a married daughter can be automatically treated as a dependent of

the deceased employee unless it is established that the said married

daughter was depending upon the income of the deceased employee at the

time of his/her death. Further, prima facie it appears that the provision for

reserving 10% of the arising vacancies for being filled up from the

compassionate appointment quota appears to be rather excessive and highly

arbitrary, etc. W.A. Nos. 1294 & 1297 of 2021

4. Since, Sec.35(1) of the Act empowers the Board to frame rules

only with the prior approval of the State Government, we would like to know

the considered views of the State Government also, in this matter. Hence,

with the consent of all the parties concerned and to obviate any further

delay, it is ordered that "The State of Kerala, Represented by the Principal

Secretary to Government, Revenue (Devaswom) Department, Government

Secretariat, Thiruvananthapuram-695001" will stand Suo Motu impleaded

as additional respondent No.4 in W.A. No.1294/2021 and additional

respondent No.5 in W.A. No.1297/2021. The Registry will amend the cause

title and show the name of Sri.B.Unnikrishna Kaimal, learned Senior

Government Pleader, in the Cause List.

5. The counsel for the appellant will ensure that two copies of the

memoranda of writ appeals in each of these two cases are immediately

served on Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader,

within a day or two.

6. The Additional respondent State of Kerala will apprise this

Court about their considered stand on the issues mentioned hereinabove.

List the case on 24.11.2021.

Hand over.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE MMG

05-11-2021 /True Copy/ Assistant Registrar