Citation : 2025 Latest Caselaw 12624 Ker
Judgement Date : 30 December, 2025
2025:KER:98911
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 30TH DAY OF DECEMBER 2025 / 9TH POUSHA, 1947
WP(C) NO. 48643 OF 2025
PETITIONER:
JAYAPRAKASH A.,
AGED 52 YEARS,
S/O. N. ANANDHAKRISHNAN POTTY, MARUTHI BHAVANAM
PULLAIKONAM LANE P-32, T.C. 9/1889, SASTHAMANGALAM
P.O., THIRUVANANTHAPURAM, PIN - 695010.
BY ADV SRI.J.JAYAKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY , DEVASWOM HEAD QUARTERS,
NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003.
2 THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
NANDANCODE P.O., THIRUVANANTHAPURAM, PIN - 695003.
3 THE ASSISTANT DEVASWOM COMMISSIONER,
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
MANACAUD, THIRUVANANTHAPURAM DISTRICT, PIN - 695009.
4 THE SUB GROUP OFFICER,
MITHRANANDAPURAM DEVASWOM, MITHRANANDAPURAM,
THIRUVANANTHAPURAM, PIN - 695009.
SC SRI. P.U. VINOD KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.48643 of 2025 2 2025:KER:98911
JUDGMENT
This writ petition is filed under Article 226 of the Constitution of
India seeking the following reliefs:
i. Call for records leading to issuance of Exhibit P5 Order dated 16/12/2025 from the 2nd respondent and quash Exhibit P5 Order, by issuing a Writ of Certiorari or any other appropriate Writ, Order or Direction; ii. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 1st respondent to consider and dispose Exhibit P6 Application/Appeal after affording an opportunity of being heard the petitioner, within a time frame fixed by this Hon'ble Court.
2. Heard the learned counsel for the petitioner and the learned
Standing Counsel for the Travancore Devaswom Board.
3. The learned counsel for the petitioner submitted that the
petitioner has been working as full time Santhi in Travancore Devaswom
Board from 2002 onwards. He was posted as the Santhi of
Vettakkorumakan Devaswom Temple in the General Transfer of the year
2025.
4. The petitioner states that, Ext.P5 transfer order was issued
by the Devaswom Commissioner, Travancore Devaswom Board, whereby
the petitioner was transferred to the Aranmula Group. It is submitted that
Ext.P5 order was issued while Ext.P3 order was subsisting. As per Ext.P3
order, the petitioner, Jayaprakash, was transferred to
Kamalathichapuram Devaswom in Manakkad Sub Group.
5. The learned counsel for the petitioner pointed out that W.P(C)No.48643 of 2025 3 2025:KER:98911
Ext.P3 transfer order was issued on 17.09.2025 and Ex.P5 transfer order
on 16.12.2025. Two transfer orders issued within a short span of three
months is arbitrary, illegal and unreasonable.
6. The learned counsel for the petitioner further submitted that
the allegations levelled against the petitioner in Exts.P1 and P2 notices
are false and fabricated. It is pointed out that the petitioner is a cancer
patient and that one of his kidneys was removed. Moreover, he is a
diabetic patient. In order to substantiate his contention, he has produced
Exts. P7 to P10 medical records.
7. The learned counsel for the petitioner submitted that the
petitioner has submitted Ext.P4 representation dated 23.09.2025 before
the Board, detailing his medical condition and refuting the allegations.
8. Thereafter, the 2nd respondent issued Ext.P5 order, whereby
the petitioner was transferred to Aranmula Group. Challenging Ext.P5
order, the petitioner preferred Ext.P6 application/appeal to the 1st
respondent Board.
9. The learned Standing Counsel for the Travancore Devaswom
Board submitted that the allegations levelled against the petitioner are
grave and serious. Therefore, the transfer of the petitioner to a temple in
another sub group is imperative.
10. The learned counsel for the petitioner would argue that the
petitioner is the Santhi of the temple and not the custodian of the account
books of the temple. He is not responsible for the missing of the pages W.P(C)No.48643 of 2025 4 2025:KER:98911
therein. It is pointed out that, in the absence of Devaswom staff, the
petitioner used to issue receipts to the devotees for the smooth
functioning of the temple.
11. The learned counsel for the petitioner submitted that the
petitioner is innocent and has never acted against the interest of the
temple.
12. The learned counsel for the petitioner submits that he would
be satisfied with an order directing the 1 st respondent Board to consider
the appeal as expeditiously as possible.
13. In view of the submissions made in the Court, perusal of
pleadings and materials placed on record, this Court is of the view that
this writ petition can be disposed of with a direction to the 1 st respondent
Board to consider and pass appropriate order in Ext.P6 appeal at the
earliest, within the outer limit of two months from the receipt of a copy of
this judgment.
14. It is made clear that all further proceedings pursuant to Ext.
P5 transfer order shall be kept in abeyance until the Board takes a
decision in the appeal.
This writ petition is disposed of as above.
Sd/-
K. V. JAYAKUMAR JUDGE ANA W.P(C)No.48643 of 2025 5 2025:KER:98911
APPENDIX OF WP(C) NO. 48643 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 10/9/2025 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 12/9/2025 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17/9/2025 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY DATED 23/9/2025 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 16/12/2025 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE APPLICATION/APPEAL DATED 22/12/2025 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT EXHIBIT P7 TRUE COPIES OF THE TREATMENT RECORDS OF THE PETITIONER DATED 28/6/2023 ISSUED FROM S.K. HOSPITAL, THIRUVANANTHAPURAM EXHIBIT P8 TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER DATED 13/6/2023 ISSUED FROM S.K. HOSPITAL, THIRUVANANTHAPURAM EXHIBIT P9 TRUE COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER DATED 18/9/2025 ISSUED FROM COSMOPOLITAN HOSPITALS PVT. LTD., THIRUVANANTHAPURAM EXHIBIT P10 TRUE COPY OF THE DISCHARGE SUMMARY DATED 17/6/2025 ISSUED TO THE PETITIONER'S WIFE DURGA DEVI S., FROM S.P. WELL FORT HOSPITAL, THIRUVANANTHAPURAM
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!