P.R.Rajeev vs The Cochin Devaswom Board
2024 Latest Caselaw 31247 Ker

Kerala High Court

P.R.Rajeev vs The Cochin Devaswom Board on 1 November, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                2024:KER:81078


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                   WP(C) NO. 31547 OF 2024

PETITIONER:

           P.R RAJEEV
           AGED 44 YEARS
           S/O. VN RAMAN EMBRANTHIRI,
           RESIDING AT PADMALAYALAM,
           SREELAKAM, B.K.PURAM POST,
           PUTHENKURISH VIA CHEMMANAD POST,
           PIN - 682 308.

           BY ADVS.
           A.MUHAMMED MUSTHAFA
           M.P.SREEKRISHNAN



RESPONDENTS:

    1      THE COCHIN DEVASWOM BOARD
           REPRESENTED BY ITS SECRETARY,
           OFFICE OF THE COCHIN DEVASWOM BOARD,
           DEVASWOM HEADQUARTERS, SWARAJ ROUND,
           THRISSUR, PIN - 680 001.
    2      THE SECRETARY - COCHIN DEVASWOM BOARD
           OFFICE OF THE COCHIN DEVASWOM BOARD,
           DEVASWOM HEADQUARTERS, SWARAJ ROUND,
           HEADQUARTERS, THRISSUR, PIN - 680 001.
    3      THE DEVASWOM OFFICER - PERUNNINAMKULAM SIVA
           TEMPLE
           IRUMBANAM POST, THRIPUNITHARA,
           PIN - 682 309.
    4      ASSISTANT COMMISSIONER - THRIPUNITHARA GROUP
           DEVASWOM ASSISTANT COMMISSIONERS OFFICE,
           THRIPUNITHARA GROUP,
           COCHIN DEVASWOM BOARD,
           THRIUPNITHARA
           PIN - 682 301.
                                                                  2024:KER:81078




WP(C) NO.31547 OF 2024
                                        2

          5       M.N.SHIVADASAN
                  CHITOOR SREEKRISHNA SWAMI TEMPLE,
                  CHITTOOR RD, SOUTH CHITTOOR,
                  ERNAKULAM, KERALA,
                  PIN - 682 027.

                  SRI. K.P SUDHEER - SC


              THIS   WRIT   PETITION    (CIVIL)      HAVING    COME   UP    FOR
      ADMISSION      ON   01.11.2024,       THE   COURT   ON   THE   SAME   DAY
      DELIVERED THE FOLLOWING:
                                                       2024:KER:81078




WP(C) NO.31547 OF 2024
                                 3




                               JUDGMENT

The petitioner has filed this writ petition

challenging Ext.P3 order to the extent it

transferred the 5th respondent to

Perunnanamkulam Temple where the petitioner

is working, ignoring Ext.P2 representation

submitted by the petitioner requesting to retain

him at Perunnanamkulam Temple. It is

contended that the transfer is ordered in

violation of Clause 9.13 of Ext.P1 guidelines.

2. This Court, by order dated 05.09.2024,

ordered status quo as regards the posting of the

petitioner.

3. When the matter came up for further 2024:KER:81078

WP(C) NO.31547 OF 2024

consideration today, the learned Standing

Counsel for the Cochin Devaswom Board, on

instructions, submits that Ext.P3 transfer order

so far as it relates to the 5th respondent to

Perunnanamkulam Temple has been cancelled

and the petitioner is retained at

Perunnanamkulam Temple.

Accordingly, recording the said submission

and without going into the merits of the writ

petition and dispensing notice to the 5 th

respondent, the writ petition is closed. The

contentions of the parties are left open.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR 2024:KER:81078

WP(C) NO.31547 OF 2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE TERMS AND CONDITIONS OF THE SERVICE OF THE EMPLOYEES OF THE COCHIN DEVASWOM BOARD.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED NIL, ADDRESSED NIL, SUBMITTED TO THE 4TH RESPONDENT THROUGH 3RD RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER OF TRANSFER DATED 29.08.2024.

EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 04.09.2024 ISSUED BY DR. R VENUGOPAL.

RESPONDENTS EXHIBITS: NIL.