Krishnakumar Potty.S vs Travancore Devaswom Board, ...
2023 Latest Caselaw 3407 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                    WP(C) NO. 10500 OF 2023
PETITIONER:

         KRISHNAKUMAR POTTY.S., AGED 53 YEARS
         S/O K.SUBRAHMANIAN POTTY, VVRA 24,
         VILLUVILAKAM GARDENS, KONCHIRAVILA,
         MANACUD.P.O, THIRUVANANTHAPURAM,
         NOW WORKING IN POST 'SANTHI', PIN - 695009
         KANCHIPURAM DEVASWOM, MITHRANANTHAPURAM SUB GROUP
         THIRUVANANTHAPURAM GROUP IS UNDER SUSPENSION.)

         BY ADV D.AJITHKUMAR


RESPONDENTS:

    1    TRAVANCORE DEVASWOM BOARD,
         REPRESENTED BY ITS SECRETARY
         TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
         KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003
    2    SECRETARY, TRAVANCORE DEVASWOM BOARD
         TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
         KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003
    3    DEVASWOM COMMISSIONER
         TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
         HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
         THIRUVANANTHAPURAM, PIN - 695003

         SRI.P.U. VINODKUMAR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 24.03.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10500 of 2023

                                  2


                                 JUDGMENT

Dated this the 24th day of March, 2023

The petitioner, who is working as Santhi in Kanchipuram

Devaswom, Mithrananthapuram Sub Group,

Thiruvananthapuram Group, is under suspension by Ext.P2

suspension order of the 3rd respondent-Devaswom

Commissioner.

2. The petitioner states that all allegations against the

petitioner in Ext.P2 suspension order are only with mala fide

intention and are false. The petitioner submitted Ext.P3

representation dated 06.03.2023 to the 3 rd respondent stating

the true facts on the issue. The 3 rd respondent has not taken

any decision on Ext.P3 so far.

3. The petitioner submitted Ext.P4 appeal dated

06.03.2023 against Ext.P2 suspension order of the

2nd respondent to the 1st respondent-Travancore Devaswom

Board stating all the facts. Ext.P4 appeal is also pending

consideration before the 1st respondent-Board. WP(C) No.10500 of 2023

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. In the facts of the case, I am of the view that the

3rd respondent shall consider Ext.P3 representation submitted

by the petitioner and take a decision thereon in accordance

with law, within a reasonable time.

The writ petition is therefore disposed of directing the

3rd respondent-Devaswom Commissioner to consider Ext.P3

representation submitted by the petitioner and take

appropriate decision thereon in accordance with law within a

period of six weeks, after giving an opportunity of hearing to

the petitioner.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.10500 of 2023

APPENDIX OF WP(C) 10500/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 17.6.2022 ISSUED BY SUB GROUP OFFICER, THALIYAL DEVASWOM TO SUB GROUP OFFICER, MITHRANANDAPURAM DEVASWOM Exhibit P2 TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 3RD RESPONDENT DATED 02.03.2023 SUSPENDING THE PETITIONER Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 06.03.2023 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH POSTAL RECEIPT DATED 8.3.2023 Exhibit P4 TRUE COPY OF THE APPEAL DATED 06.03.2023 AGAINST EXHIBIT-P2 SUSPENSION ORDER OF THE 2ND RESPONDENT SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT BOARD ALONG WITH POSTAL RECEIPT DATED 8.3.2023