Vishnu Namboothiri vs Malabar Devaswom Board
2023 Latest Caselaw 3690 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                     WP(C) NO. 11068 OF 2023
PETITIONER:

           VISHNU NAMBOOTHIRI
           AMBADI HOUSE, KARANTHOOR.P.O,
           KOZHIKODE, PIN - 673571
           BY ADVS.
           HRITHWIK D. NAMBOOTHIRI
           P.N.DAMODARAN NAMBOODIRI

RESPONDENTS:

     1     MALABAR DEVASWOM BOARD
           HOUSEFED COMPLEX, ERANHIPALAM,
           KOZHIKODE, PIN - 673006
           REPRESENTED BY ITS SECRETARY
     2     ASSISTANT COMMISSIONER
           MALABAR DEVASWOM BOARD, D-BLOCK, THIRD FLOOR,
           CIVIL STATION, KOZHIKODE, PIN - 673020
     3     THE CHAIRMAN (TRUSTEE)
           THAVANOOR SREE NARASIMHA MOORTHY TEMPLE,
           VALLATHAIPPARA, MUKKOM.P.O, ALLII,
           KOZHIKODE, PIN - 673602
           SRI.R.LAKSHMI NARAYAN - SC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.03.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 11068 of 2023

                                          :2:




                    DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C)No.11068 of 2023
                ==========================
                Dated this the 29th day of March, 2023

                                    JUDGMENT

When this matter was called today, Sri.Hrithwik D.

Namboothiri - learned counsel for the petitioner, confined his plea

that the 2nd respondent, or such other competent Authority, be

directed to take up Ext.P1 representation and dispose it of within a

time frame to be fixed by this Court. He added that he is making

this submission because, as per Ext.P2, hearing has already been

conducted.

2. The learned Standing Counsel - R.Lakshmi Narayan, in

response, submitted that Ext.P1 is, in fact, pending before the 2 nd

respondent; and that, if the petitioner only requires the same to be

taken up and disposed of, there does not appear to be any legal

impediment for the said respondent in doing so; but prayed that

this Court may not make any affirmative declarations in his favour

and leave it to the said respondent to take an appropriate decision

thereon, as per law.

3. Taking note of the afore submissions, I direct the 2 nd

respondent or such other competent Authority to take up Ext.P1 W.P.(C)No. 11068 of 2023

representation and dispose of the same; 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.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm W.P.(C)No. 11068 of 2023

APPENDIX OF WP(C) 11068/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 28.11.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 16.01.2023, ISSUED BY THE 2ND RESPONDENT CALLING FOR HEARING THE PETITIONER ON 25.01.2023. Exhibit P3 TRUE COPY OF THE STATEMENT/LETTER SUBMITTED BEFORE THE 2ND RESPONDENT ON 25.01.2023.

Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 17.02.2023 ISSUED BY THE KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL, ERANHIPALAM.

Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 22.02.2023 ISSUED BY DR.RAKESH NARAYAN, DOCTOR KOZHIKODE DIST. CO-OP HOSPITAL.

Exhibit P6 PETITIONER SUBMITTED A REPRESENTATION DATED 07.03.2023 BEFORE THE 3RD RESPONDENT SEEKING DISBURSEMENT OF SALARY DUE FOR THE YEAR 2019.

Exhibit P7 TRUE COPY OF THE LETTER DATED 12.03.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPORT SUBMITTED BY THE INSPECTOR DATED 06.04.2022 BEFORE THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS : NIL