Kerala High Court
Suresh R Potti vs Travancore Devaswom Board on 15 September, 2022
WP(C) No.29073/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 15th day of September 2022 / 24th Bhadra, 1944
IA.NO.1/2022 IN WP(C) NO. 29073 OF 2022(H)
PETITIONER/PETITIONER:
SURESH R POTTI AGED 53 YEARS S/O. RAMAN POTTI, VARRILLATHUMADOM,
90/10, THALAYAZHAM. P.O., VAIKOM, KOTTAYAM - 686 607.
RESPONDENTS/RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD NANTHANCODE, DEVASWOM HEADQUARTERS,
KAWDIAR P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. - 695
003
2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
DEVASWOM HEADQUARTERS, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003.
3. STATE OF KERALA REPRESENTED BY SECRETARY TO REVENUE (DEVASWOM)
DEPARTMENT, ROOM 394, 1ST FLOOR, MAIN BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept the
additional documents as Exhibits P9, P10 and P11 in the above Writ
Petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M.RAMESH CHANDER (SR.), BALU TOM, BONNY BENNY, GOVIND G. NAIR, BEJOY
JOSEPH P.J., Advocates for the petitioner IA/WP(C),STANDING COUNSEL for R1
& R2 in IA/WP(C) and GOVERNMENT PLEADER for R3 in IA/WP(C), the court
passed the following:
WP(C) No.29073/2022 2/6
ANIL K.NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------
W.P.(C)Nos.29068 and 29073 of 2022
-----------------------------------
Dated this the 15th day of September, 2022
ORDER
Anil K. Narendran, J.
I.A.Nos.1 and 2 of 2022 in W.P.(C)No.29068 of 2022 &
I.A.Nos.1 and 2 of 2022 in W.P.(C)No.29073 of 2022
The petitioner has filed I.A.No.1 of 2022, seeking an order to
accept Exts.P9 to P11 as additional documents. I.A.No.2 of 2022
has been filed seeking an order to amend the respective writ
petitions incorporating additional statement of facts, grounds and
reliefs, as sought for in those interlocutory applications.
The additional relief sought to be incorporated by filing
I.A.No.2 of 2022 in the respective writ petitions is a writ of
certiorari to quash Ext.P9 order dated 05.09.2022 of the 1 st
respondent. Those interlocutory applications are filed under Rule
155 of the Rules of the High Court of Kerala, 1971. The additional
documents, i.e., Exts.P9 to P11, are marked in the affidavit filed in
support of I.A.No.1 of 2022 in the respective writ petitions, which
are filed under Rule 154 of the said Rules.
WP(C) No.29073/2022 3/6
W.P.(C)Nos.29068 & 29073 of 2022
An application under Rule 155, seeking an order to amend the
writ petition by incorporating additional statement of facts, grounds
and relief has to be supported by an affidavit sworn to by the
applicant. The additional documents will have to be marked at
appropriate places in the additional statement of facts sought to be
incorporated by way of amendment. Since an application under
Rule 155 has to be supported by an affidavit sworn to by the
applicant, Registry cannot insist that, along with an application for
amendment, the applicant has to file another application under
Rule 154 for accepting additional documents.
The learned Senior Counsel for the petitioner would submit
that the petitioner shall file proper applications in both the writ
petitions by 16.09.2022 and therefore, the above interlocutory
applications may be dismissed as withdrawn, without prejudice to
the aforesaid right of the petitioner.
In such circumstances, the above interlocutory applications
are dismissed as withdrawn, without prejudice to the right of the
petitioner to file proper applications under Rule 155 of the Rules of
the High Court of Kerala, in the respective writ petitions, for
incorporating additional statement of facts, grounds and reliefs.
WP(C) No.29073/2022 4/6
W.P.(C)Nos.29068 & 29073 of 2022
W.P.(C)Nos.29068 and 29073 of 2022
In Ext.P3 judgment dated 26.07.2022 in W.P.(C)Nos.19012
and 19016 of 2021, this Court has made it clear that, in case the
report of the Vigilance Wing of the Travancore Devaswom Board on
the application made by the petitioner for selection as Melsanthi of
Sabarimala Devaswom and Malikappuram Devaswom for the year
1198 M.E. is not in favour of the petitioner, the adverse materials
relied on by the Vigilance Wing for making such an observation
shall be furnished to the petitioner and he shall be given a
reasonable opportunity to substantiate his contentions. It was also
made clear that, it would be open to the petitioner to submit
applications, pursuant to the notification issued by the Travancore
Devaswom Board for the year 1198 M.E., along with documents to
show that he belongs to Malayala Brahmin.
A reading of Ext.P6 rejection memo and the order dated
05.09.2022 would show that the specific directions contained in
Ext.P3 judgment dated 26.07.2022 have been flouted by the 1 st
respondent.
Having considered the pleadings and materials on record and
also the submissions made by the learned Senior Counsel for the
WP(C) No.29073/2022 5/6
W.P.(C)Nos.29068 & 29073 of 2022
petitioner, the learned Standing Counsel for Travancore Devaswom
Board and also the learned Senior Government Pleader for the 3rd
respondent State, we deem it appropriate to direct the Secretary
of the 1st respondent Board to be personally present in Court on
19.09.2022 at 2.00 p.m., along with the files relating to the
applications made by the petitioner for selection as Melsanthi of
Sabarimala Devaswom and Malikappuram Devaswom for the year
1198ME, the report of the Vigilance Wing and also the minutes of
the personal hearing conducted on 03.09.2022.
List on 19.09.2022 at 2.00 p.m.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
yd
15-09-2022 /True Copy/ Assistant Registrar
WP(C) No.29073/2022 6/6
APPENDIX OF WP(C) 29073/2022
Exhibit P9 PHOTOSTAT COPY OF THE ORDER NO.R.O.C.8063/2022/SABA
DATED 5/9/2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P10 PHOTOSTAT COPY OF THE MEMO DATED 26/9/2017 ISSUED BY
THE 1ST RESPONDENT
Exhibit P11 PHOTOSTAT COPY OF THE COMMUNICATION DATED 11/12/2013
RECEIVED UNDER THE RIGHT TO INFORMATION ACT
