Kerala High Court
Sivaprasad. U vs Malabar Devaswom Board on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 35831 OF 2023
PETITIONER(S):
SIVAPRASAD. U, AGED 24 YEARS, S/O. LATE.NANDAKUMAR. U,
ULANATTU HOUSE, PENAKAM P.O.,PERUVALLOOR, THRISSUR
DISTRICT, KERALA, PIN - 680508
BY ADV RESMI A.
RESPONDENT(S):
1 MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, HOUSEFED
COMPLEX,ERANHIPPALAM P.O, KOZHIKODE, PIN - 673006
2 THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM
P.O, KOZHIKODE, PIN - 673006
3 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,ERANHIPPALAM
P.O, KOZHIKODE, PIN - 673006
4 THE INSPECTOR, MALABAR DEVASWOM BOARD
INSPECTOR OFFICE OF MALABAR DEVASWOM BOARD, MAMMIYUR
TEMPLE COMPLEX, GURUVAYUR, THRISSUR, PIN - 680101
5 AZHUVANCHERY MANAKKAL KRISHNAN THAMPRAKKAL,
AZHUVANCHERY MANA, ATHAVANAD P.O, TIRUR, MALAPPURAM
TRUSTEE OF PARAMPANTHALI DEVASWOM, PIN - 676301
BY ADV.
SRI. MOHAN C.MENON
SMT. R. RANJANIE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.35831 of 2023
2
BASANT BALAJI , J.
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W.P.(C) No.35831 of 2023
-----------------------------------
Dated this the 03rd day of April 2024
JUDGMENT
The Writ petition is filed seeking compassionate
appointment under dying-in-harness scheme. A counter
affidavit is filed by the 5 th respondent in which it is stated that
the 5th respondent is the appointing authority of the
Devaswom staff under Section 48 of the Madras Hindu
Religious and Charitable Endowments Act, 1951 and no
application for appointment was preferred by the petitioner
before the Devaswom administration till date.
2. The petitioner has filed a reply to the counter
affidavit filed by the 5th respondent in which Ext.P6 is
produced, which shows that the application was filed by the
petitioner on 27.01.2020 before the 5 th respondent seeking
compassionate appointment.
Therefore, if Ext.P6 is filed and is pending before the 5 th
respondent, the 5th respondent shall forward the same to the
2nd respondent and the 2nd respondent shall place it before the
1st respondent for consideration of the same. The 5 th
respondent shall forward the application within a period of two
weeks from the date of receipt of a copy of this judgment and
the 1st respondent shall complete the proceedings and pass
final orders within a period of two months thereafter.
The Writ petition is ordered accordingly.
Sd/-
BASANT BALAJI
JUDGE
DM
APPENDIX OF WP(C) 35831/2023
PETITIONER EXHIBITS
EXHIBIT .P-1 A TRUE COPY OF THE DEATH CERTIFICATE OF
THE PETITIONER'S FATHER DATED 09.08.2001
ISSUED BY ADAT GRAMA PANCHAYATH
EXHIBIT .P-2 A TRUE COPY OF AN APPLICATION SUBMITTED
BY THE PETITIONER'S MOTHER BEFORE THE
1ST RESPONDENT DATED 05.02.2018
EXHIBIT .P-3 A TRUE COPY OF THE APPLICATION DATED
07.08.2001 SENT BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT .P-4 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY DR. HARIDASAN.C.P DATED
06.08.2001
EXHIBIT P-5 A TRUE COPY OF RTI REPLY DATED
17.01.2020 GIVEN BY THE 1ST RESPONDENT
TO THE PETITIONER
EXHIBIT P-6 A TRUE COPY OF APPLICATION DATED
27.01.2020 GIVEN BY THE PETITIONER TO
THE 5TH RESPONDENT
EXHIBIT P-7 A TRUE COPY OF CHECKLIST BY THE 5TH
RESPONDENT DATED 28.06.2015
EXHIBIT P-8 A TRUE COPY OF LETTER DATED 01.09.1996
GIVEN BY THE 5TH RESPONDENT TO THE
PETITIONER'S FATHER
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
