Kerala High Court
B.V.Rangayya vs Travancore Devaswom Board
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937
WP(C).No. 34361 of 2015 (U)
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PETITIONER(S):
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B.V.RANGAYYA, AGED 50 YEARS
S/O. VASUDEVA BHAT, ABHI NIVAS, AMBATT ROAD
PERUVARAM P.O., NORTH PARUR
ERNAKULAM DISTRICT-683 523.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENT(S):
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1. TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM BUILDINGS
NANTHANCODE, THIRUVANANTHAPURAM-695 004.
2. THE COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS
NANTHANCODE, THIRUVANANTHAPURAM-695 004.
3. THE ASSISTANT DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, PARAVOOR GROUP,NORTH PARUR
ERNAKULAM DISTRICT-683 513.
4. THE SUB GROUP OFFICER
TRAVANCORE DEVASWOM BOARD, MANNAM SUB GROUP
MANNAM P.O., NORTH PARUR, ERNAKULAM DISTRICT-683 520.
R1-R3 BY ADV. SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM
BOARD
RADDL.5 BY ADV. SRI.S.SUBHASH CHAND
RADDL.5 BY ADV. SRI.SHINDO VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 34361 of 2015 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 : COPY OF THE REQUEST OF OPTION FOR THE PLACE OF
TRANSFER MADE BY THE PETITIONER ON 23.2.2014.
EXT.P2 : COPY OF THE ORDER OF TRANSFER OF THE PETITIONER FROM
MANNAM TEMPLE TO THONNIYAKAVU DEVASWOM ON 13.11.2014.
EXT.P3 : COPY OF THE COMMUNICATION DTD.9.11.2014 ISSUED BY THE
TEMPLE ADVISORY COMMITTEE SREE SUBRAHMANIA SWAMY
TEMPLE, MANNAM.
EXT.P4 : COPY OF THE REPRESENTATION DTD.26.11.2014 MADE BY THE
PETITIONER BEFORE THE 2ND RESPONDENT THROUGH PROPER
CHANNEL.
EXT.P5 : COPY OF THE COMMUNICATION DTD.9.4.2015 SENT BY THE 3RD
RESPONDENT TO THE PETITIONER.
EXT.P6 : COPY OF THE REQUEST/APPEAL SUBMITTED BY THE PETITIONER
ON 14.7.2015.
EXT.P7 : COPY OF THE JUDGMENT MADE IN WPC NO.24066/2015
DTD.11.8.2015.
EXT.P8 : COPY OF THE NOTICE DTD.16.9.2015 ISSUED BY THE 3RD
RESPONDENT.
EXT.P9 : COPY OF THE MEDICAL CERTIFICATE DTD.26.8.2015 ISSUED BY
DR.JIM JOSE, CONSULTANT DERMATOLOGIST.
EXT.P10: COPY OF THE ORDER DTD.11.11.2015 ISSUED BY THE 4TH
RESPONDENT.
EXT.P11 COPY OF THE CERTIFICATE DATED 13.11.15 ISSUED BY DR. JIM
JOSE, GOVT. GENERAL HOSPITAL, ERNAKULAM.
EXT.P11 COPY OF THE CERTIFICATE DTD. 13.11.15 ISSUED BY DR.JIM
JOSE, GOVT. GENERAL HOSPITAL, ERNAKULAM. (PRODUCED
ALONG WITH I.A NO.17898/15)
RESPONDENT(S)' EXHIBITS:
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ANNEXURE1 COPY OF THE ORDER DTD. 10.7.15 PASSED BY THE ASSISTANT
DEVASWOM COMMISSIONER, NORTH PARUR
CONTD. 2.
.. 2..
WP(C).No. 34361 of 2015 (U)
ANNEXURE2 COPY OF THE APPELLATE ORDER DTD. 4.8.15 PASSED BY THE
DEVASWOM COMMISSIONER
ANNEXURE3 COPY OF THE ORDER DTD. 19.10.15 PASSED BY THE DEVASWOM
COMMISSIONER.
ANNEXURE4 COPY OF THE ORDER DT D. 11.11.15 PASSED BY THE ASSISTANT
DEVASWOM COMMISSIONER, NORTH PARUR.
// TRUE COPY //
P.A TO JUDGE.
SB
K. VINOD CHANDRAN, J.
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W.P.(C) No.34361 of 2015 - U
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Dated this the 21st day of December, 2015
J U D G M E N T
The petitioner was aggrieved with the non-consideration of an appeal as directed in Ext.P7.The facts to be noticed are that the petitioner was continuing in Mannam Sree Subrahmania Swamy Temple as Melsanthi from April 2014 onwards. While so, it is alleged that there were some complaints received as to some skin disease suffered by the petitioner, which was very evidently visible on his hands. The devotees were hence, apprehensive of accepting the 'prasada' from his hands; for fear of the disease being a communicable one. It was in such circumstance that the petitioner was transferred to Thonniyakavu in November 2014. Again from Thonniyakavu, he was 2 W.P.(C) No.34361 of 2015 - U transferred to Thathapally by Annexure 1 order and the additional 5th respondent, who was a 'keezh- santhi' at Kannankulangara temple was transfered as the Melsanthi at Thonniyakavu.
2. The petitioner contends that he is entitled to the post at Mannam Sree Subrahmania Swamy Temple itself, since, about seven months after his posting in that temple, he was transferred out and the normal tenure of a temple employee is three years. The petitioner would also claim that the skin disease, if at all, has now been completely cured. This Court had directed the petitioner to be present before this Court and the learned Counsel agree that he is almost cured of the skin disease but for certain traces on his nails. Hence, definitely there could be no problem in posting him back to Mannam Sree Subrahmania Swamy Temple.
3 W.P.(C) No.34361 of 2015 - U
3. As of now, the petitioner on the basis of the interim order is continuing at Thonniyakavu and the additional 5th respondent, who joined on 11.11.2015 at Thonniyakavu has rejoined Kannankulangara on 03.12.2015. The additional 5th respondent's contention is that after his services as 'Keezh-santhi' for three years, now he was transferred to Thonniyakavu as a Melsanthi. The petitioner is an admitted senior, who is already a Melsanthi.
4. The appeal filed by the petitioner against Annexure 1 was dismissed as per Annexure 2. Fresh consideration as per Ext.P7 has also been done by the Devaswom Commissioner as per Annexure
3. The petitioner's application for transfer to either of the three temples of his choice being, Kannankulangara, Neeleswaram and Eravipuram has been rejected.
4 W.P.(C) No.34361 of 2015 - U
5. It is to be specifically noticed that the petitioner had not completed his normal tenure at Mannam Sree Subrahmania Swamy Temple and the present Melsanthi at Mannam Sree Subrahmania Swamy Temple was only transferred and accommodated there, since the petitioner had to be transferred out, for reason only of his visible ailment. In such circumstance, it is only proper that the petitioner be posted back to Mannam Sree Subrahmania Swamy Temple, since the allegations on which he was transferred, are no longer existing. However,the Melsanthi at Mannam Sree Subrahmania Swamy Temple is not a party herein.
6. In such circumstance, it is directed that the Assistant Devaswom Commissioner, who has the charge of Sub Group at North Parur shall hear the petitioner, the additional 5th respondent and the Melsanthi, now posted at Mannam Sree 5 W.P.(C) No.34361 of 2015 - U Subrahmania Swamy Temple and pass orders, which shall be sent to the Devaswom Commissioner, for approval. The Assistant Devaswom Commissioner shall issue notices to the respective parties and hear them and decide on the issue, within a period of three weeks from the date of production of a certified copy of this judgment. The additional 5th respondent's contention is accepted insofar as he is now posted to Thonniyakavu as a Melsanthi and as far as possible, the Assistant Commissioner shall not disturb the said transfer. The petitioner shall be posted at Mannam and the Melsanthi appointed at Mannam be transferred to a convenient place.
The writ petition is disposed of. No costs.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/21/12/2015 // true copy//
P.A to Judge.