Citation : 2021 Latest Caselaw 19254 Ker
Judgement Date : 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
1943
WP(C) NO. 11354 OF 2020
PETITIONERS:
1 P.D.SYAMDAS
AGED 50 YEARS
S/O. P.K. DASAN, SECRETARY OF SNDP YOGAM, VYPIN
UNION AND CONVENER OF THE SNDP YOGAM, KANAYANNUR
UNION, RESIDING AT PURAMCHALIL HOUSE,
CHERAI P O, PIN-683514, ERNAKULAM.
BY ADVS.
SANTHOSH MATHEW
B.G.HARINDRANATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, KERALA DEVASWOM
DEPARTMENT, TRIVANDRUM-695001.
2 THE KERALA DEVASWOM RECUITMENT BOARD,
REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD,
TRIVANDRUM-695001.
3 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, TRIVANDRUM-
695001.
4 COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, TRIVANDRUM-
695001.
-2-
WP(C) NO. 11354 OF 2020
5 MALABAR DAVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, TRIVANDRUM-
695001.
6 GURUVAYOOR DEVASWOM BOARD,
REPRESENTED BY ITS COMMISSIONER, TRIVANDRUM-
695001.
R1 BY SRI S.RAJMOHAN -SR GOVERNMENT PLEADER,
R2 BY SRI.V.V.NANDAGOPAL NAMBIAR
R3 BY SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
R4 BY SRI K.P.SUDHEER - STANDING COUNSEL ,
COCHIN DEVASWOM BOARD
R5 BY SRI R LAKSHMI NARAYAN- STANDING COUNSEL,
MALABAR DEVASWOM BOARD,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
WP(C) NO. 11354 OF 2020
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of certiorari to quash the
Kerala Devaswom Recruitment Board (Amendment) Rules, 2019,
notified vide S.R.O.No.905 of 2019 dated 18.11.2019 (Ext.P1). The
petitioner has also sought for a writ of mandamus commanding
respondents 3 to 6 not to appoint the economically weaker
candidates from Ext.P2 list, unless they are meritorious and
considered in the open competitive list.
2. On 10.06.2020, when this writ petition came up for
admission, the learned Government Pleader, the learned Standing
Counsel appearing for respondents 2 and 3 and the respective
Standing Counsel appearing for respondents 4, 5 and 6 Devaswoms
sought time to get instructions to file statements and this Court
granted three weeks' time to file statements.
2. Today, when the matter is taken up for consideration,
the learned counsel for the petitioner would submit that the
petitioner died on 05.11.2020 and therefore, this writ petition may
be dismissed as abated.
WP(C) NO. 11354 OF 2020
Recording the above submission made by the learned counsel
for the petitioner, this writ petition is dismissed as abated.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
AV/16/9
WP(C) NO. 11354 OF 2020
APPENDIX OF WP(C) 11354/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SRO NO.905/2019 DATED 18.11.2019.
EXHIBIT P2 TRUE COPY OF THE PROBABILITY LIST NO.
P/L NO.01/2019 DATED 1.11.2019.
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