Kerala High Court
S.Salimkumar vs Travancore Devaswom Board on 25 November, 2021
W.P(C).4643/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 4643 OF 2021
PETITIONER/S:
S.SALIMKUMAR, AGED 68 YEARS
S/O.SUKUMARAN, KADAKATHU VEEDU(MOHANAVILASOM),
PONMANA P.O., CHAVARA, PANMANA VILLAGE, KARUNGAPPALLY
TALUK, KOLLAM DISTRICT - 695 1583.
BY ADVS.
G.BENO
SMT.GIRIJA N.
SMT.RAJI S.
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY THE SECRETARY, OFFICE OF THE
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
NANDHANCODE, THIRUVANANTHAPURAM - 695 003.
2 THE SECRETARY, TRAVANCORE DEVASWOM BOARD, OFFICE OF
THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
NANDHANCODE, THIRUVANANTHAPURAM - 695 003.
3 THE COMMISSIONER OF DEVASWOM, OFFICE OF THE
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
NANDHANCODE, THIRUVANANTHAPURAM - 695 003.
4 ASSISTANT DEVASWOM COMMISSIONER
DEVASWOM BUILDING, KARUNGAPPALLY - 690 518.
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).4643/2021
2
JUDGMENT
Petitioner herein retired from service on 31.05.2007, in the post
of Sub-Group Officer under the first respondent/Travancore Devaswom
Board. He was not issued a valid NLC and his retirement benefits
were kept in abeyance. At the time of retirement, NLC was issued,
according to the petitioner, which was an erroneous one and petitioner
filed W.P(C).No.2160 of 2013 before this Court, which was disposed of
by Ext.P3 judgment directing the Board to consider Ext.P1
representation therein and to pass appropriate orders. Lamenting
that, no decision has been taken and no orders passed thereon,
petitioner has approached this Court with this Writ Petition.
2. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the Travancore Devaswom Board.
3. Learned Standing Counsel for the Travancore Devaswom
Board invited my attention to Ext.P4, which is a communication issued
by the Assistant Devaswom Commissioner, Karunagappally dated
09.04.2019 calling upon the petitioner to produce the documents,
evidencing the remittance of money as mentioned by him in his
representation dated 26.07.2012. It was stated that, on production of
such relevant receipts, the liability can be waived off. It was
submitted by the learned Standing Counsel for the Travancore
W.P(C).4643/2021
Devaswom Board that, without producing the above documents before
the Assistant Devaswom Commissioner, who was authorized by the
Board to conduct an enquiry pursuant to Ext.P3, petitioner seems to
have forwarded documents evidenced by Ext.P7 postal
acknowledgment card to the office of the Assistant Devaswom
Commissioner at Thiruvananthapuram. After waiting for three years,
petitioner has come up with this belated Writ Petition contending that,
he is not liable to pay the amount mentioned in Ext.P1 and that, no
decision has been passed pursuant to Ext.P3. Learned counsel for the
petitioner contended that, Ext.P5 series of receipts evidence the
amount deposited by him to the concerned Devaswom while he was
employed there.
4. This Court, in exercise of its jurisdiction under Article 226
of the Constitution, is not expected to conduct a roving enquiry as to
whether Ext.P5 series of receipts relates to the disputed transaction
and whether, those amounts have been credited in the account.
Having considered this, I am inclined to direct the petitioner to appear
before the Assistant Devaswom Commissioner, Karunagappallay on
18.12.2021 at 10.30a.m. along with all the relevant documents.
Assistant Devaswom Commissioner, Karunagappally shall conduct an
enquiry and, after giving a reasonable opportunity of being heard to
the petitioner, shall finalize amounts, if any, due to the Board.
W.P(C).4643/2021
Thereafter, a detailed statement of amounts payable and due shall be
forwarded to the petitioner by post along with the entire amount due
to the petitioner, which shall be paid by the Travancore Devaswom
Board within one month from 18.12.2021. The question whether any
interest is liable to be charged on the delayed payment shall also be
considered by the above officer.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
W.P(C).4643/2021
APPENDIX OF WP(C) 4643/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 18/05/2013.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED
26/07/2012.
EXHIBIT P3 THE TRUE COPY JUDGMENT DATED 14/08/2018 IN
WPC NO.2160/2013 OF THE HON'BLE HIGH COURT
OF KERALA.
EXHIBIT P4 TRUE COPY OF THE LETTER
NO.ROC.02/2010/P&SGRC/O.A.D. DATED
09/04/2019 ISSUED BY 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE CHELLAN NO.16 DATED
12/10/2004.
EXHIBIT P5(A) TRUE COPY OF THE CHELLAN DATED 23/08/1994.
EXHIBIT P5(B) TRUE COPY OF THE CHELLAN NO.04 DATED
22/01/2004.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.19 DATED
09/03/1999 OF SGO, CHAVARA DEVASWOM.
EXHIBIT P6(A) TRUE COPY OF THE LETTER NO.109 DATED
31/07/2004 OF THE SGO, ACHENKOVIL
DEVASWOM.
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED
06/05/2019 TO THE 1ST RESPONDENT.
EXHIBIT P7(A) TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT
DATED 08/05/2019.
