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Kerala High Court

C.K. Madhusoodanan Namboothiri vs The Travancore Devaswom Board on 19 June, 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

               TUESDAY, THE 10TH DAY OF OCTOBER 2017/18TH ASWINA, 1939

                                   WP(C).No. 31660 of 2017 (F)
                                      ----------------------------


PETITIONER :
---------------------


                C.K. MADHUSOODANAN NAMBOOTHIRI,
                (MELSANTHI-THIRUMULLAVARAM MAHAVISHNU TEMPLE),
                S/O. K.G.KESAVAN NAMBOOTHIRI, AGED 50 YEARS,
                CHANDRAMANA ILLAM, KAIKULANGARA, KOLLAM -12


                     BY ADVS.SRI.PRATHEESH.P
                               SMT.RENY ANTO

RESPONDENT(S):
----------------------------

        1. THE TRAVANCORE DEVASWOM BOARD,
            REPRESENTED BY ITS SECRETARY,
           TDB BUILDING, NANTHANCODE,
           THIRUVANANTHAPURAM -695 001

        2. THE COMMISSIONER,
           TRAVANCORE DEVASWOM BOARD,
           NANTHANCODE, THIRUVANANTHAPURAM -695 001

        3. THE ASSISTANT COMMISSIONER,
           TRAVANCORE DEVASWOM BOARD, KOLLAM -691 012

        4. THE SUB GROUP OFFICER,
           THIRUMULLAVAROM TEMPLE,
           THIRUMULLAVAROM P.O, KOLLAM -691 012

        5. D.BHADRADAS,
           EDAMANA MADOM, ASHTAMUDI P.O,
           KOLLAM -691 602


                     R1 TO R3 BY SRI.T.K.AJITH KUMAR, SC, TDB

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 10-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:

sts

WP(C).No. 31660 of 2017 (F)
----------------------------------------

                                             APPENDIX

PETITIONER(S)' EXHIBITS
---------------------------------------


EXHIBIT P1          THE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT
                    DATED 19-06-2017

EXHIBIT P2          THE COPY OF APPEAL ORDER DATED 29-06-2017 IN
                    ROC NO.746/17 EST.

EXHIBIT P3          THE COPY OF ORDER DATED 27-09-2017 ISSUED BY THE 3RD
                     RESPONDENT

EXHIBIT P4          THE COPY OF THE CIRCULAR NO.ROC.134/05/SANTHI DATED
                     10-02-2005

EXHIBIT P5          THE COPY OF THE RELEVANT PAGE OF THE CIRCULAR NO.7/2017/S
                     DT. 3-2-2017

EXHIBIT P6           THE COPY OF REPRESENTATION DATED 3/10/2017 FILED BY THE
                     PETITIONER BEFORE THE 3RD RESPONDENT




RESPONDENT(S)' EXHIBITS:                                 NIL
------------------------------------------




                                                  /TRUE COPY/


                                                  P.A.TO JUDGE


sts



                       P.V.ASHA J.
        ------------------------------------
               W.P.(C).No.31660 of 2017
        -------------------------------------
          Dated this the 10th day of October, 2017

                    J U D G M E N T

Petitioner, who is working as Melsanthi, has filed this writ petition challenging his transfer, as per Ext.P3, from Thirumullavaram Mahadeva Temple to Thevarkavu Temple. His contention was that he was not included in the order of general transfer issued as per Ext.P1 order on 19.06.2017. He complained about the posting given to the 5th respondent.

2. Learned Standing Counsel on instructions submitted that the petitioner had joined Thirumullavaram Mahadeva Temple on 19.09.2016. The said Temple is Administrative Officer Grade Temple, in which the tenure of appointment is only for a period of one year. Petitioner's transfer is ordered on completion of one year tenure and even in Ext.P1 order, it was made clear that his retention was subject to the rules. In the above circumstances, the only remedy available W.P.(C).No.31660 of 2017 2 for the petitioner is to submit application for transfer when applications are called for at the time of general transfer. With the above liberty, this writ petition is closed.

Sd/-

P.V.ASHA, JUDGE.

AS