Satheesan Velichappad vs Commissioner Malabar Devaswom ...
2023 Latest Caselaw 6537 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                         WP(C) NO. 19028 OF 2023
PETITIONERS:

     1       SATHEESAN VELICHAPPAD
             AGED 50 YEARS
             S/O. SHEKHARAN, KUNNURU, KARANTHAD P.O, RAMANTHALI,
             PAYYANNUR, KANNUR DISTRICT-, PIN - 670307
     2       DINESHAN PANICKER
             AGED 55 YEARS
             S/O. KELU PANIKKER, MOOSAROIKOVVAL, KUNHIMANGALAM P O,
             KANNUR -, PIN - 670309
     3       T.K. KRISHNAN
             AGED 85 YEARS
             S/O. AMBOOTY, THEKUMPADU P.O KOVVAPPURAM, KANNUR-,
             PIN - 670309
     4       C. DEVAKI,
             AGED 78 YEARS
             W/O. RAGHAVAN, THEKUMPADU P.O KOVVAPPURAM,, PIN - 670309
     5       VALSALA. M.
             AGED 49 YEARS
             W/O. SURESH PANICKER, KUNNURU, P.O KARANTHAD, RAMANTHALI,
             KANNUR DISTRICT, PIN - 670308
             BY ADVS.
             I.V.PRAMOD
             SAIRA SOURAJ P.
             RESMI SAJEEVAN


RESPONDENTS:

    1        COMMISSIONER MALABAR DEVASWOM BOARD
             ERANJIPALAM, KOZHIKODE - ., PIN - 673006
    2        MALABAR DEVASWOM BOARD,
             ERANJIPALAM, KOZHIKODE - . REPRESENTED BY ITS
             COMMISSIONER, PIN - 673006
    3        ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD,
             THIRUVANGAD, THALASSERY -, PIN - 670103
 WP(C) NO.19028 OF 2023
                                         2



    4          CHAIRMAN,
               TRUSTEE BOARD, ANEEKKARA POOMALA BHAGAVATHY
               TEMPLE KUNJIMANGALAM, POST KOVVAPURAM -, PIN -
               670309
               BY ADV R.LAKSHMI NARAYAN-SC


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   13.06.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.19028 OF 2023
                                        3




                              JUDGMENT

Dated this the 13th day of June, 2023

The petitioners are employees of Aneekkara Sree

Poomala Bhagavathi Temple, Kunjimangalam for the last

several years and they were getting monthly salary from the

Malabar Devaswom Board. Unfortunately, they are not getting

remuneration for the last five years.

2. The petitioners approached the 3rd respondent-

Assistant Commissioner Malabar Devaswom Board, Kannur to

get the arrears due to the petitioners. The petitioners' salary is

withheld by the Devaswom Board, since there is a dispute

regarding the trusteeship of the Temple.

3. The dispute regarding the trusteeship cannot result

in stoppage of remuneration of the employees, contend the

petitioners. The petitioners filed representation before the

Assistant Commissioner, Malabar Devaswom Board seeking WP(C) NO.19028 OF 2023

disbursement of salary arrears, which is still pending. The

petitioners have filed this writ petition seeking a direction to

release the remuneration to the petitioners.

4. Standing Counsel entered appearance on behalf of

respondents 1 to 3. On behalf of respondents 1 to 3, it is

submitted that the salary payable to the Temple employees

will have to be paid by the respective Temple and the Malabar

Devaswom Board has no duty or obligation to pay salary to

the employees of any Temple coming under the Malabar

Devaswom Board.

5. I have heard the learned counsel for the petitioners

and the learned Standing Counsel representing respondents 1

to 3. Notice to the 4th respondent is dispensed with, in view of

the nature of the reliefs to be granted in the writ petition.

6. The grievance of the petitioners is that the

petitioners have not been paid monthly salary for the last five

years. The petitioners though approached the 3rd respondent- WP(C) NO.19028 OF 2023

Assistant Commissioner of Malabar Devaswom Board,

Kannur, to release the salaries of the petitioners with arrears,

no action has been taken by the Assistant Commissioner of

Malabar Devaswom Board. The dispute regarding the

trusteeship has nothing to do with the salary of the employees,

who work in the Temple as servants, contend the petitioners.

Be that as it may, the fact remains that for the last five years,

the petitioners have not been paid monthly salary. This is a

matter of serious concern.

7. In the circumstances of the case, I am of the view

that the issue should be brought to the notice of the 1 st

respondent-Commissioner of the Malabar Devaswom Board

for possible resolution, if any.

The writ petition is therefore disposed of permitting the

petitioners to file an appropriate representation before the 1 st

respondent-Commissioner of the Malabar Devaswom Board

within a period of two weeks. If the petitioners prefer such a WP(C) NO.19028 OF 2023

representation before the 1st respondent within two weeks, the

1st respondent shall consider the matter and pass appropriate

orders thereon, within a further period of two months.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.19028 OF 2023

APPENDIX OF WP(C) 19028/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD DATED 10.04.2023 Exhibit-P2 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE CHAIRMAN, 4TH RESPONDENT HEREIN BEFORE THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, DATED 13.04.2023 RESPONDENT'S EXHIBITS : NIL