Santhosh A vs Travancore Devaswom Board
2023 Latest Caselaw 9765 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                    WP(C) NO. 23616 OF 2023
PETITIONER:

           SANTHOSH A
           AGED 43 YEARS
           S/O. ACHUTHAN PILLAI, WORKING AS A WATCHER,
           KAVALAYUR DEVASWOM TEMPLE, KAVALAYUR SUB GROUP,
           VARKALA GROUP, THIRUVANANTHAPURAM,
           (RESIDING AT J.S. BHAVAN, PUTHENCHANTHA, VARKALA,
           THIRUVANANTHAPURAM, PIN - 695141

           BY ADV J.JAYAKUMAR
RESPONDENTS:

    1      TRAVANCORE DEVASWOM BOARD
           NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM,
           PIN - 695003, REPRESENTED BY ITS SECRETARY.

    2      THE COMMISSIONER
           TRAVANCORE DEVASWOM BOARD, NANDANCODE,
           KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003

    3      THE ASSISTANT COMMISSIONER
           TRAVANCORE DEVASWOM BOARD, VARKALA GROUP,
           THIRUVANANTHAPURAM, PIN - 695141

    4      SHAJITHKUMAR
           WATCHER, KAPPIL BHAGAWATHI NADA, VARKALA GROUP,
           THIRUVANANTHAPURAM., PIN - 695141

           BY ADVS.

           P.U.VINOD KUMAR

           SRI G BIJU, SC FOR TRAVANCORE DEVASWOM BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 23616 of 2023


                                            2




                                         JUDGMENT

The petitioner states that he is presently working as a Watcher at the

Kavalayur Sub Group under the Varkala Group. According to the petitioner, he

had applied for a general transfer, opting for his first choice at Kavalayur

Devaswom, second choice at Kadakkavoor Devaswom, and third choice at

Ayiroor Devaswom. According to the petitioner, in the order passed by the 3rd

respondent, without considering the options given by the petitioner, he was

transferred to Kavalayur Kozhimada temple as Watcher. He states that he has

a mother, who is 73 years old and is completely blind. He has also produced

records showing that his mother is undergoing treatment at

Thiruvananthapuram.

2. When the matter had come up for consideration on 20.7.2023,

this Court had ordered that if the petitioner has not been relieved as of 11

a.m., action for the same shall be deferred.

3. I have heard the learned counsel appearing for the petitioner and

the learned Standing Counsel appearing for the Travancore Devaswom Board. W.P.(C) No. 23616 of 2023

4. The learned counsel appearing for the petitioner submitted that

the petitioner had submitted a representation requesting reconsideration and

that there are vacancies in the second and third choices given by the

petitioner.

5. Having considered the facts and circumstances and taking note of

the fact that the mother of the petitioner is blind and also the long service

rendered by the petitioner, I direct the 1st respondent to reconsider the matter

and take a decision as to whether the petitioner can be accommodated in the

Devaswoms shown as second and third options by the petitioner. For that

limited purpose, Ext.P3 order will stand quashed. Till orders are passed as

directed above, the interim order dated 20.7.2023 shall continue.

The writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS/14/9/2023 W.P.(C) No. 23616 of 2023

APPENDIX OF WP(C) 23616/2023

PETITIONER'S EXHIBITS:

Exhibit P-1 TRUE COPY OF THE APPEAL DATED 2/6/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P-2 TRUE COPY OF THE JUDGMENT DATED 7/6/2023 IN WP(C) NO.18449/2023 OF THIS HON'BLE COURT

Exhibit P-3 TRUE COPY OF THE ORDER DATED 4/7/2023 OF THE 1ST RESPONDENT

Exhibit P-4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13/7/2023 ISSUED FROM ANANTHAPURI HOSPITAL, THIRUVANANTHAPURAM TO PETITIONER'S MOTHER SMT. PRABHAVATHY Exhibit P-5 TRUE COPY OF THE APPLICATION DATED 12/7/2023 ALONG WITH HIS APPLICATION FOR GENERAL TRANSFER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P-6 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO.ROC.1461/23/S DATED 25/1/2023 OF THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF THE RELEVANT PAGES OF ORDER ROC NO.1527/22/MISC.1 DATED 5/3/2022 OF THE 1ST RESPONDENT