Kerala High Court
1. The Executive Officer, Thikkaripur ... vs 1. M.V.Subramaniyan Namboothiri on 6 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WA NO. 1402 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 33194/2018 OF HIGH COURT OF
KERALA
APPELLANTS/RESPONDENTS 4 & 5:
1 THE EXECUTIVE OFFICER,
THIKKARIPUR SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI
TEMPLE), ELAMBACHI P.O.,
KASARAGOD -, PIN - 671311
2 CHAIRMAN, TRUSTEE BOARD,
THIKKARIPUR SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI
TEMPLE), ELAMBACHI P.O.,
KASARAGOD -, PIN - 671311
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS/PETITIONERS 1 TO 14 & RESPONDENTS 1 TO 3:
1 M.V.SUBRAMANIYAN NAMBOOTHIRI
AGED 57 YEARS, S/O KRISHNAN NAMBOOTHIRI,
WORKING AS SANTHI AT THIKKARIPUR SREE VISHNU MOORTHI
TEMPLE (CHAKRAPANI TEMPLE), ELAMBACHI P.O.,
KASARAGOD, PIN - 671311
2 SATHYESWARAN EMBRANTHIRI
S/O SUBRAMANIYAN EMBRANTHIRI,
WORKING AS SANTHI AT THIKKARIPUR SREE VISHNU MOORTHI
TEMPLE (CHAKRAPANI TEMPLE), ELAMBACHI P.O.,
KASARAGOD, PIN - 671311
3 KESAVA VARYAR
S/O KESAVAN OKUNDAYAR,
WORKING AS KAZHAKAM AT THIKKARIPUR SREE VISHNU MOORTHI
TEMPLE (CHAKRAPANI TEMPLE), ELAMBACHI P.O.,
KASARAGOD, PIN - 671311
WA NO. 1402 OF 2022
2
4 V.C.SREEKUMAR
S/O KUNHIRAMA VARYAR,
WORKING AS KAZHAKAM AT THIKKARIPUR SREE VISHNU
MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
5 P.V.RAMAKRISHNA VARYAR
S/O RAMA VARYAR,
WORKING AS MARAR(VADHYAM) AT THIKKARIPUR SREE
VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
6 K.V.KUNHIKRISHNAN
S/O RAMA MARAR,
WORKING AS MARAR (VADHYAM) AT THIKKARIPUR SREE
VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
7 P.V.MADHAVAN
S/O RAMA MARAR,
WORKING AS CLERK AT THIKKARIPUR SREE VISHNU
MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD -, PIN - 671311
8 VALSALA P.
D/O KANNA PODUVAL,
WORKING AS ADICHUTHALI(SWEEPER) AT THIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
9 SANTHA P.K.
D/O CHERIYA KAMMARA PODUVAL,
WORKING AS ADICHUTHALI (SWEEPER) AT THIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
10 SUJATHA N.
D/O KAMMARA PODUVAL, ADICHUTHALI (SWEEPER) AT
THIKKARIPUR SREE VISHNU MOORTHI TEMPLE
(CHAKRAPANI TEMPLE), ELAMBACHI P.O.,
KASARAGOD, PIN - 671311
11 MINI V.K.
D/O MANIKUTTI, WORKING AS ALAKKU AT THIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
WA NO. 1402 OF 2022
3
12 MANJULA P.
D/O APPUKKUTTAN,
WORKING AS PURATHU ADICHUTHALI AT THIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD -, PIN - 671311
13 KESAVAN NAMBOOTHIRI
WORKING AS SANTHI AT UPAKSHETHRAM AT THRIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
14 NARAYANAN P.V.
S/O CHANTHU,
WORKING AS UPAKSHETHRAM SANTHI AT THIKKARIPUR
SREE VISHNU MOORTHI TEMPLE (CHAKRAPANI TEMPLE),
ELAMBACHI P.O., KASARAGOD, PIN - 671311
15 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE (DEVASVOM ),
THIRUVANANTHAPURAM, PIN - 695001
16 MALABAR DEVASWOM BOARD
REP. BY COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSING BOARD COMPLEX,
ERANJIPALAM, KOZHIKODE, PIN - 673006
17 ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD
MALABAR DEVASWOM BOARD OFFICE
NILESWARAM P.O., KASARAGOD, PIN - 671314
BY ADVS.
T.V.JAYAKUMAR NAMBOODIRI
SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD
SR GP SRI BIMAL K NATH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 1402 OF 2022
4
JUDGMENT
Amit Rawal, J.
This matter was adjourned awaiting the judgment in
W.A.Nos.1583, 1608, 1664 of 2022 and 354, 392 and 407 of
2023 where the question involved was payment of salary to the
employees of temples under the Malabar Devaswom Board
without reference to the income limits as provided in the
relevant Government Orders.
2. Registry has placed the judgment of the Co-ordinate
Division Bench of this Court dated 11.01.2024 in W.A.No.1583
of 2022 and connected matters. The Co-ordinate Bench has
modified the judgment of the Single Bench in the following
manner:
"12. However, in view of the fact that the Malabar Devaswom
Board has a bounden duty under the statute to supervise the
temples and to see that the income generated from the
temples are applied properly and since amounts due as
annuity to the temples in question from the Government
have not fully been paid, we consider that the interim order
issued by this Court to meet 1/3 rd of the salary of the
petitioners is justified. We, therefore, direct the Government
to comply with the interim order. However, the financial
limits set in the Government orders for payment of salary
from the welfare fund are upheld. The judgment of the
learned single Judge is modified accordingly."
WA NO. 1402 OF 2022
3. Present case is also covered by the judgment of the
Co-ordinate Division Bench of this Court dated 11.01.2024 in
W.A.No.1583 of 2022 and connected matters. Appeal is thus
disposed of in terms of aforesaid judgment.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S. SUDHA
JUDGE
nak
WA NO. 1402 OF 2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE INCOME AND EXPENDITURE
STATEMENT DATED NIL OF THE APPELLANT
TEMPLE FOR THE YEAR 2020
Annexure A2 TRUE COPY OF THE INCOME AND EXPENDITURE
STATEMENT DATED NIL OF THE APPELLANT
TEMPLE FOR THE YEAR 2021
Annexure A3 TRUE COPY OF THE INCOME AND EXPENDITURE
STATEMENT DATED NIL OF THE APPELLANT
TEMPLE FOR THE YEAR 2022
