Kerala High Court
Ajay N vs The Malabar Devaswom Board on 22 March, 2022
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 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 10748 OF 2019
PETITIONER:
AJAY N.,
AGED 40 YEARS, S/O VASUDEVAN,
ATTENDER (UNDER ORDERS OF TERMINATION FORM
SERVICE), KALARIKKATT HOUSE, PATHAYIKKARA,
PERINTALMANNA, NOW RESIDING AT NADUVETTI HOUSE,
ANGADIPPURAM, MALAPPURAM DISTRICT, PIN 679 321.
BY ADVS.
T.RAMPRASAD UNNI
SRI.S.M.PRASANTH
SRI.G.RENJITH
SMT.R.S.ASWINI SANKAR
SRI.T.H.ARAVIND
RESPONDENTS:
1 THE MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
ERANHIPPALAM, KOZHIKODE-673 006.
2 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPPALAM,
KOZHIKODE-673 006.
3 THE DEPUTY COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPPALAM, KOZHIKODE-673 006.
4 THE EXECUTIVE OFFICER,
SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM,
ANGADIPPURAM, MALAPPURAM- 679 321.
W.P.(C)No.10748 of 2019
2
5 ADDL. R5. THE HEREDITARY TRUSTEE OF THE
THIRUMADHAMKUNNU DEVASWOM, THIRUMADHAMKUNNU,
ANGADIPPURAM, MALAPPURAM-679321.
(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
12/04/2019 IN IA 01/2019)
BY ADVS.
SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD
SRI.MAHESH V RAMAKRISHNAN
SRI.C.R.REGHUNATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.10748 of 2019
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, who was an employees of
Thirumadhamkunnu Bhagavathy Devaswom, Angadippuram,
which is a controlling institution under the Malabar Devaswom
Board, has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of certiorari to quash Ext.P2
order dated 05.01.2018 of the 4th respondent Executive Officer of
Sree Thirumandhamkunnu Bhagavathy Devaswom, whereby the
service of the petitioner, who was working as Attender, was
terminated. The petitioner has also challenged Ext.P6 order dated
27.02.2019 in R.P.No.14 of 2018 of the 2 nd respondent
Commissioner of Malabar Devaswom Board, whereby the matter
is remanded to the 4th respondent Executive Officer, after setting
aside Ext.P4 order dated 21.10.2018 of the 3 rd respondent
Deputy Commissioner, Kozhikode, in A.P.No.1 of 2018, which is
one filed challenging Ext.P2 order dated 05.01.2018 of the 4 th
respondent. The petitioner has also sought for a writ of
mandamus commanding the respondents to reinstate him in
W.P.(C)No.10748 of 2019
service with all consequential benefits, irrespective of the
issuance of Exts.P2 and P6 orders. Along with the writ petition,
the petitioner has placed on record Ext.P7 interim order of this
Court dated 04.07.2014 in W.P.(C)No.17010 of 2014, which was
one filed by the petitioner along with 33 other employees of
Thirumadhamkunnu Bhagavathy Devaswom, Angadippuram,
seeking an order directing the respondents therein to permit
them to continue in service and disburse the salary for the work
extracted from them, till the disposal of the revision petition
dated 30.06.2014 submitted before the State of Kerala and for
other consequential reliefs.
2. On 12.04.2019, when this writ petition came up for
admission, this Court admitted the matter on file. The learned
Standing Counsel for Malabar Devaswom Board took notice for
respondents 1 to 3. Notice by speed post was ordered to
respondents 4 and 5.
3. The 4th respondent has filed a counter affidavit,
opposing the reliefs sought for in this writ petition, producing
therewith various documents as Exts.R4(a) to R4(d). The 5 th
W.P.(C)No.10748 of 2019
respondent has also filed a counter affidavit, producing therewith
Ext.P5(a).
4. Heard the learned counsel for the petitioner, the
learned Standing Counsel for Malabar Devaswom Board for
respondents 1 to 3, the learned counsel for the 4 th respondent
and also the learned counsel for the additional 5th respondent.
5. During the course of arguments, the learned Standing
Counsel for Malabar Devaswom Board has brought to our notice
the judgment dated 05.11.2019 in W.P.(C)No.17010 of 2014,
whereby that writ petition was dispose of by directing the State
of Kerala to consider the revision petition dated 30.06.2014
(Ext.P3 in that writ petition) submitted by the petitioners on
merit, after giving an opportunity of being heard to a
representative of the petitioners as also respondents 2 to 4
therein. A decision in that regard was directed to be taken within
a period of three months. In the said judgment, it was made
clear that the benefit of the interim order passed by this Court on
04.07.2014 (Ext.P7 in this writ petition) would enure to the
benefit of the petitioners till the 1 st respondent therein passes
W.P.(C)No.10748 of 2019
final orders on the revision petition. Pursuant to the direction
contained in the judgment, the State passed an order, whereby
that revision petition filed by the petitioner herein and 33 others
ended in dismissal. That order is now under challenge in W.P.
(C)No.12598 of 2022.
6. Insofar as the challenge made in this writ petition is
concerned, by Ext.P6 order dated 27.02.2019, the 2nd respondent
Commissioner has remanded the matter to the 4 th respondent
Executive Officer for reconsideration, with the observations
contained in the last paragraph of that order. Ext.P7 interim order
dated 04.07.2014 passed by this Court in W.P.(C)No.17010 of
2014 was in force only till the disposal of the revision petition
dated 30.06.2014 by the State and that revision petition ended in
dismissal. The said order is now under challenge in W.P.
(C)No.12598 of 2022. Therefore, we find no reason to interfere
with Ext.P6 order of the 2 nd respondent Commissioner, remanding
the matter to the 4th respondent Executive Officer.
In the result, the challenge made in this writ petition
against Exts.P2 and P6 fails and the writ petition is accordingly
W.P.(C)No.10748 of 2019
dismissed. The 4th respondent Executive Officer shall proceed
further in terms of the directions contained in Ext.P6 order, after
the disposal of W.P.(C)No.12598 of 2022, in case the petitioner
succeeds his challenge against the order passed by the State in
the revision petition dated 30.06.2014.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
yd
W.P.(C)No.10748 of 2019
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER OF APPOINTMENT DATED
6.12.2012 ISSUED BY THE TEN HEREDITARY
TRUSTEE OF THE THIRUMANDHAMKUNNU
BHAGAVATHY DEVASWOM
EXHIBIT P2 TRUE COPY OF ORDER DATED 5.1.2018 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF APPEAL DATED 2.3.2018
SUBMITTED BY THE PETITIONER BEFORE R3
EXHIBIT P4 TRUE COPY OF ORDER DATED 21.10.2018
ISSUED BY R3 TO THE PETITIONER IN AP 1
OF 2018
EXHIBIT P5 TRUE COPY OF REVISION PETITION NO 14/18
DATED 21.11.2018 SUBMITTED BY R4 BEFORE
R2
EXHIBIT P6 TRUE COPY OF ORDER DATED 27.2.2019 IN
R.P NO 14/2018 ISSUED BY R2 TO THE
PETITIONER
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED
4.7.2014 IN WPC NO 17010 OF 2014
4TH RESPONDENT'S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE ORDER DATED 20.01.2012
ISUED BY THE 5TH RESPONDENT.
EXHIBIT R4(B) TRUE COPY OF THE SHOW CAUSE NOTICE DATED
03.09.2015 ISSUED BY THE MANAGER, SREE
THIRUMANDHAMKUNNU BHAGAVATHY TEMPLE TO
THE PETITIONER.
EXHIBIT R4(C) TRUE COPY OF THE SHOW CAUSE NOTICE DATED
19.07.2017 ISSUED BY THE MANAGER, SREE
THIRUMANDHAMKUNNU BHAGAVATHY TEMPLE TO
THE PETITIONER.
EXHIBIT R4(D) TRUE COPY OF THE ORDER NO.TDB.1392/2017
DATED 24.07.2017 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER.
W.P.(C)No.10748 of 2019
5TH RESPONDENT'S EXHIBITS:
EXHIBIT R5(A) TRUE COPY OF THE DEATH CERTIFICATE.
TRUE COPY
PA TO JUDGE
