K.P.Sreedevi Pisharasyar vs The Malabar Devaswom Board
2024 Latest Caselaw 5158 Ker

Kerala High Court

K.P.Sreedevi Pisharasyar vs The Malabar Devaswom Board on 15 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                         WP(C) NO. 6226 OF 2015
PETITIONER:

          K.P.SREEDEVI PISHARASYAR
          D/O.NARAYANI PISHARASYAR, RESIDING AT KAVIL PISHARAM,
          KONGAD P.O., PALAKKAD - 678 631.
          BY ADVS.
          SRI.P.B.KRISHNAN
          SRI.P.M.NEELAKANDAN
          SRI.SABU GEORGE
          SRI.P.B.SUBRAMANYAN


RESPONDENTS:

    1     THE MALABAR DEVASWOM BOARD
          REPRESENTED BY ITS COMMISSIONER, KOZHIKODE - 673 006.
    2     THE COMMISSIONER
          MALABAR DEVASWOM BOARD, KOZHIKODE - 673 006.
    3     THE ASSISTANT COMMISSIONER
          MALABAR DEVASWOM BOARD, PALAKKAD - 678 001.
    4     THE HEREDITARY TRUSTEE
          SRI.THIRUMANDHAMKUNNU DEVASWAM, KONGAD VILLAGE,
          PALAKKAD - 678631.
          BY ADVS.
          SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD
          SRI.M.G.ASHOKAN
          SRI.MAHESH V.RAMAKRISHNAN, SC, MALABAR DEVASWOM BOARD



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6226 OF 2015


                                 2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
              W.P.(C)No. 6226 of 2015
     ----------------------------------------------
    Dated this the 15th day of February, 2024


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature thereof calling for the records relating to Ext-P7 and quash the same.

(ii) issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to pass orders permanently appointing the Petitioner from the date of her initial appointment as Kazhakam ie. from 1-7-1998;

(iii) issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to grant all service and pensionary benefits to the Petitioner treating the date of her permanent appointment as 01.07.1998.

(iv) grant the Petitioner such other appropriate reliefs that this Hon'ble Court may WP(C) NO. 6226 OF 2015

deem fit to grant on the facts and in the circumstances of the case;

(v) award the Petitioner the costs of this Writ Petition."[SIC]

2. This Court as per Ext.P6 judgment directed

the 2nd respondent to hear the petitioner and pass

appropriate orders. It will be better to extract the

relevant portion of Ext.P6 judgment:

"4. Therefore the writ petition is disposed of directing respondents 2 and 3 to consider Ext.P3 to P5 representations and to take an appropriate decision thereon, if necessary after affording opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment."

3. A perusal of Ext.P7 would not show that it is

an order passed after giving an opportunity of hearing

to the petitioner. I am of the considered opinion that

the matter is to be reconsidered by the 2 nd respondent WP(C) NO. 6226 OF 2015

for the simple reason that an opportunity of hearing is

not given to the petitioner as directed by this Court in

Ext.P6 judgment.

Therefore, this writ petition is disposed of in the

following manner:

(1) Ext.P7 is set aside.

(2) The 2nd respondent is directed to decide the

matter as directed by this Court in Ext.P6,

after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within three months from the date of

receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 6226 OF 2015

APPENDIX OF WP(C) 6226/2015

PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.J5-7228/2010/MDB DATED 22.02.2012 ISSUED BY RESPONDENT NO.2.

EXT.P2: TRUE COPY OF THE SUPPLEMENTARY SALARY LIST APPROVED BY RESPONDENT NO.3.

EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 06.07.2012.

EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 18.01.2013.

                    EXT.P5:    TRUE    COPY    OF    THE
                    REPRESENTATION    DATED   20.11.2013

SUBMITTED BY THE PETITIONER. EXT.P6: TRUE COPY OF THE JUDGMENT DATED 20.2.2014 IN WP(C)NO.2183 OF 2014.

EXT.P7: TRUE COPY OF THE ORDER NO.J5-7228/2010/MDB DATED 8/5/2014.

RESPONDENTS EXHIBITS : NIL

           //TRUE COPY//            PA TO JUDGE