Sanal. K.K vs The Commissioner
2023 Latest Caselaw 8285 Ker

Citation : 2023 Latest Caselaw 8285 Ker
Judgement Date : 1 August, 2023

Kerala High Court

Sanal. K.K vs The Commissioner on 1 August, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                   WP(C) NO. 24985 OF 2023
PETITIONERS:

    1      SANAL. K.K
           AGED 36 YEARS
           S/O ACHUKUTTY NAIR, KEEZHANA VEEDU,
           THIRUVANGOOR POST, CHEMANCHERY, KOZHIKODE,
           PIN - 673304
    2      ARAVINDAN. M
           AGED 47 YEARS
           S/O ACHUTHAN NAIR, MANNARI VEEDU, MUCHUKUNNU
           POST, KOLLAM, KOZHIKODE, PIN - 673307
    3      UMESH. K
           AGED 41 YEARS
           S/O UNNIKRISHNAN, KORUVEETTIL VEEDU, KOLLAM
           POST, KOYILANDY, KOZHIKODE, PIN - 673307
    4      UNNIKRISHNAN. K
           AGED 57 YEARS
           S/O BALAN NAIR, KIZHAKKAYIL VEEDU, KOLLAM POST,
           KOZHIKODE, PIN - 673307
    5      AJEESH. K
           AGED 44 YEARS
           S/O MADHAVAN NAIR, VAZHAYIL VEEDU, KOLLAM POST,
           KOYILANDY, KOZHIKODE, PIN - 673307
    6      SINDHU. P
           AGED 47 YEARS
           D/O SREEDHARAN NAIR, PUNATHIL VEEDU, KOLLAM
           POST, KOYILANDY, KOZHIKODE, PIN - 673307
    7      SHEENA. P
           AGED 41 YEARS
           W/O HARISH KUMAR, VADAKKE KOTHANGAPARAMBATH
           VEEDU, MODAKKALLOOR POST, ATHOLI VIA.,
           KOZHIKODE, PIN - 673315
    8      SREESANTH. K.V
           AGED 43 YEARS
           S/O SREENIVASAN NAIR, NANOTH VEEDU, KOLLAM
           POST, KOYILANDY, KOZHIKODE, PIN - 673307
 WPC 24985/2023
                             ..2..


    9     ATHUL BABU. S
          AGED 28 YEARS
          S/O SURESH BABU. K.P, KANIYAMKULATHIL VEEDU,
          MOODADI POST, KOYILANDY, KOZHIKODE, PIN - 673307
    10    MOHANAN. K
          AGED 51 YEARS
          S/O A. VASU MENON, ANANTHOTH VEEDU, KOLLAM POST,
          KOYILANDY, KOZHIKODE, PIN - 673307
    11    GOPIKRISHNA. P
          AGED 22 YEARS
          S/O PARAMESWARAN MARAR, KUTTAMPOYIL VEEDU,
          KAYANNA BAZAR POST, PERAMBRA, KOZHIKODE, PIN -
          673525
    12    AJITHA. V.M.
          AGED 45 YEARS
          W/O SREENIVASAN T.A., THAZHE ARATHIL VEEDU,
          KOLLAM POST, KOYILANDY, KOZHIKODE, PIN - 673307
    13    SHYAMLAL. P
          AGED 38 YEARS
          S/O BABU. P, KUZHICHAL COLONY, PERUVATTOOR POST,
          KOYILANDY, KOZHIKODE, PIN - 673620
          BY ADV V.N.RAMESAN NAMBEESAN


RESPONDENTS:

    1      THE COMMISSIONER
           MALABAR DEVASWOM BOARD, COMMISSIONER'S OFFICE,
           P.O. CIVIL STATION, KOZHIKODE, KOZHIKODE
           DISTRICT, PIN - 673020
    2      THE SECRETARY
           MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
           ERANHIPPALAM P.O., KOZHIKODE, PIN - 673003
    3      THE MALABAR DEVASWOM BOARD
           REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
           ERANHIPPALAM P.O., KOZHIKODE, PIN - 673003
    4      THE CHAIRMAN
           BOARD OF TRUSTEES, PISHARIKAVU DEVASWOM, KOLLAM
           P.O., KOYILANDY, KOZHIKODE DISTRICT,
           PIN - 673307
    5      THE EXECUTIVE OFFICER
           PISHARIKAVU DEVASWOM, KOLLAM P.O., KOYILANDY,
           KOZHIKODE DISTRICT, PIN - 673307
 WPC 24985/2023
                                 ..3..


             BY ADV R.LAKSHMI NARAYAN


      THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   01.08.2023,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 24985/2023
                                ..4..


                          JUDGMENT

The petitioners assert that they have been appointed by the

4th and 5th respondents to various posts in the "Pisharikavu

Temple"; and that they had been working in such position, on

provisional basis, for the last several years prior to that. They

allege that, however, even though the Board of Trustees have

presented Ext.P2 order of appointment before the 1st respondent -

Commissioner of Malabar Devaswom Board for his statutory

approval, no action has been taken thereon, even though the

posts are substantive and though they were all appointed against

retirement or such other sanctioned vacancies. They, therefore,

prayed that Malabar Devaswom Board ('Board' for short) be

directed to grant approval to their appointments without any

further delay.

2. The afore submissions of the petitioners, as made by

their learned counsel - Sri.Ramesan Nambeesan, were answered

by Sri.R.Lakshmi Narayan - learned Standing Counsel for the

Devaswom Board, saying that petitioners cannot seek a direction

to the Board to have their appointments approved, but that, at

the best, they can only seek that it be considered. He added that

this is because, there are various factors which will have to be WPC 24985/2023 ..5..

taken into account by the Board before granting approval to the

appointments; but added that if there are no legal impediments,

then certainly, it can be considered positively.

In the afore circumstances, I allow this writ petition and

direct the 1st respondent, or such other competent Authority of

the Board, to immediately advert to Ext.P2 order of appointment

issued by the Board of Trustees of the Temple and consider grant

of approval to the same, after affording necessary opportunity of

being heard to the petitioners, as also to the Trustees - if it is so

warranted; thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment.

I make it clear that if, through the afore exercise, the Board

is to grant approval to the appointment of the petitioners, all

necessary consequential orders and actions shall follow.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 24985/2023 ..6..

APPENDIX OF WP(C) 24985/2023

PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE ORDER DATED 28.09.1977 IN O.A. NO. 19 OF 1976 OF THE DEPUTY COMMISSIONER FOR HINDU RELIGIOUS CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, KOZHIKODE.

Exhibit-P2 TRUE COPY OF THE ORDER NO. P.D2/2022 DATED 09.12.2022 OF THE 5TH RESPONDENT.

Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF THE 4TH RESPONDENT BOARD OF TRUSTEES HELD ON 09.12.2022. Exhibit-P4 TRUE COPY OF THE LETTER NO. P.D2/22 DATED 18.12.2022 SUBMITTED BY THE 5TH RESPONDENT EXECUTIVE OFFICER BEFORE THE 1ST RESPONDENT.

Exhibit-P5 TRUE COPY OF THE CERTIFICATE DATED 24.07.2023 ISSUED BY THE BRANCH MANAGER, PUNJAB NATIONAL BANK, KOYILANDY BRANCH IN FAVOUR OF THE 5TH RESPONDENT.

Exhibit-P6 TRUE COPY OF THE LETTER NO.J6-