C. Narayanan Namboothiri vs Malabar Devaswom Board
2024 Latest Caselaw 29154 Ker

Kerala High Court

C. Narayanan Namboothiri vs Malabar Devaswom Board on 10 October, 2024

                                            2024:KER:75246
WP(C) NO. 35143 OF 2024

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         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA,

                           1946

                  WP(C) NO. 35143 OF 2024

PETITIONER:

          C. NARAYANAN NAMBOOTHIRI
          AGED 66 YEARS
          S/O.KRISHNAN NAMBOOTHIRI, CHALAKKUNNATHU ILLAM,
          SHREESTA, PAYANGADI, KANNUR, PIN - 670303

          BY ADVS.
          P.N.DAMODARAN NAMBOODIRI
          HRITHWIK D. NAMBOOTHIRI


RESPONDENTS:

    1     MALABAR DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
          ERANHIPALAM, KOZHIKODE, PIN - 673006

    2     THE COMMISSIONER
          MALABAR DEVASWOM BOARD, ERANJIPALAM,
          HOUSE FED COMPLEX, KOZHIKODE, PIN - 673006

    3     ASSISTANT COMMISSIONER
          MALABAR DEVASWOM BOARD, NEAR MANDAMPURATHU
          KAVU, NEELESWARAM, KASARGODE, PIN - 673020
                                                    2024:KER:75246
WP(C) NO. 35143 OF 2024

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            BY ADV
            ADV MARY BEENA JOSEPH - GOVERNMENT PLEADER
            ADV R. RANJANIE - STANDING COUNSEL


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   10.10.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      2024:KER:75246
WP(C) NO. 35143 OF 2024

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                            JUDGMENT

The petitioner, while working as the Priest (Melsanthi) of

Sree Karivalloor, Siva Temple, Karivellur, Kannur, retired from

service with effect from 30.04.2022. During the tenure of the

petitioner itself, there was a revision of pay as per Ext.P2 with

effect from 01.01.2019. However, the benefits of the same have not

been granted to the petitioner. The petitioner submitted Ext.P3

representation before the 3rd respondent seeking the same, and the

limited prayer sought by the petitioner is to direct the said

respondent to take a decision on the same.

2. The learned Standing Counsel for the

respondents points out that, as far as the claim raised by the

petitioner is concerned the same can be decided only by the 2 nd

respondent, after hearing the Trustee and Executive Officer of the

Temple concerned.

In such circumstances, I am of the view that, this writ 2024:KER:75246 WP(C) NO. 35143 OF 2024

petition can be disposed of directing the petitioner to submit a fresh

representation before the 2nd respondent and thereupon a decision

thereon shall be taken by the 2nd respondent after hearing necessary

parties. Accordingly, it is ordered that, in case the petitioner submits

a representation before the 2 nd respondent, within a period of two

weeks from the date of receipt of a copy of this judgment, the same

shall be considered by the 2nd respondent after issuing notice to the

petitioner, the Trustee and Executive Officer of the Temple

concerned and a decision thereon shall be taken within a period of

three months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs 2024:KER:75246 WP(C) NO. 35143 OF 2024

APPENDIX OF WP(C) 35143/2024

PETITIONER EXHIBITS

Exhibit - P1 TRUE COPY OF THE FIXATION STATEMENT OF THE PETITIONER ON THE BOOKS OF THE RESPONDENTS .

Exhibit - P2 TRUE COPY OF THE NOTIFICATION DATED 12.02.2024 ISSUED BY THE SECRETARY, REVENUE DEVASWOM.

Exhibit - P3 TRUE COPY OF THE REPRESENTATION DATED 20.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT .