Kerala High Court
Unknown vs By Advs.Sri.S.Subhash Chand on 20 March, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
WP(C).No. 22048 of 2018
PETITIONER(S)
N. KANNAN
AGED 47 YEARS, S/O.NARAYANAN CHETTIAR, WORKING AS
'WATCHER', VAIKOM MAHADEVA TEMPLE, VAIKOM GROUP,
RESIDING AT ARYA SAMOOHAM, KIZHAKKENADA, VAIKOM,
KOTTAYAM DISTRICT, PIN - 686 141.
BY ADVS.SRI.S.SUBHASH CHAND
SRI.S.PARAMESWARA PRASAD
SRI.S.JAYAKRISHNAN
RESPONDENT(S):
1. TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
THIRUVANANTHAPURM, PIN - 695 001.
2. THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN - 695 001.
3. THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, VAIKOM GROUP,
VAIKOM, PIN - 686 141.
4. THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP,
NEYYATTINKARA, PIN - 695 121.
ADV. SRI.C.K.PAVITHRAN, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKC
WP(C).No. 22048 of 2018 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF JUDGMENT DATED 20/03/2017 IN
WP(C).NO.5155/2017 OF THIS HON'BLE COURT.
EXHIBIT P2: TRUE COPY OF ORDER NO.ROC.8864/13/VIG./MIS.A
DATED 15/05/2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3: TRUE COPY OF JUDGMENT DATED 07/06/2018 IN
WP(C).NO.17896/2018 OF THIS HON'BLE COURT.
EXHIBIT P4: TRUE COPY OF ORDER R.O.C.NO.8864/V.G./MIS.A DATED
05/06/2018 OF THE 2ND RESPONDENT.
EXHIBIT P5: TRUE COPY OF ORDER NO.1522 DATED 29/06/2018 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P6: TRUE COPY OF REPRESENTATION DATED 29/06/2018
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7: TRUE COPY OF JUDGMENT DATED 2.9.10 IN WPC NO.28577/05
OF THIS HONOURABLE COURT.
EXHIBIT P8: TRUE COPY OF JUDGMENT DATED 1.6.1 IN WPC NO.34682/08
OF THIS HON'BLE COURT.
EXHIBIT P9: TRUE COPY OF COMMUNICATION NO.PTN.143/2012/TDB/VIG
DATED 25.5.13 ISSUED BY THE SUPERINTENDENT OF VIGILANCE
AND SECURITY OFFICE TO THE DEVASWOM COMMISSIONER.
EXHIBIT P10: TRUE COPY OF JUDGMENT DATED 16.2.17 IN WPC NO.15406/13
OF THIS HON'BLE COURT.
RKC
TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.22048 of 2018-E
Dated this the 26th day of July, 2018
JUDGMENT
The petitioner, who is a Watcher, is aggrieved by Ext.P4 order; firstly because he is not considered for a posting at Vaikkaom TV Puram Devaswom and secondly because of the direction of the 2 nd respondent not to post the petitioner in any important Temple. According to the petitioner, the direction to deny him a posting in any of the important Devaswoms is issued without hearing him and there is no materials for adopting such stand against the petitioner.
2. As far as the posting is concerned, I am of the view that it is for the respondents to consider the availability of a vacancy which is suitable for posting the petitioner. As at present, I do not find any illegality in the posting given to the petitioner at Trichattukulam Devaswom, even though the petitioner submits that it is 35 kilometers away and the petitioner has to travel by jangar and he suffers serious hardship on account of the tiresome journey being undertaken everyday, apart from the expense to be met, being a Watcher.
However regarding the direction in the last sentence of Ext.P4, I find that the said direction should not have been issued without hearing the petitioner. Though I am of the view that the direction of the 2nd respondent in Ext.P4 in the last sentence is only concerned W.P.(C) No.22048/18 :2: with the present posting, since the learned counsel for the petitioner submits that it is a permanent debarring, I delete that portion of Ext.P4. It is made clear that I have not interfered with the transfer already granted based on Ext.P4. It will be open to the 2 nd respondent to consider and pass orders on Ext.P6.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA JUDGE rkc