Kerala High Court
M. Sunil Kumar vs Travancore Devaswom Board
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 3RD DAY OF FEBRUARY 2017/14TH MAGHA, 1938
WP(C).No. 3726 of 2017 (M)
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PETITIONER(S):
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M. SUNIL KUMAR,
AGED 43, S/O. MANOHARAN NAIR,
SIVAVILASAM, PLAVODU,
VATTIYOORKAVU, THIRUVANANTHAPURAM,
(WORKING AS WATCHER, KAMALESWARAM DEVASWOM,
THIRUVANANTHAPURAM)
BY ADV. SRI.D.AJITHKUMAR
RESPONDENT(S):
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1. TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NATHANCODE, THIRUVANANTHAPURAM-695 003.
2. SECRETARY,
TRAVANCORE DEVASWOM BORD,
NATHANCODE, THIRUVANANTHAPURAM-695 003.
3. DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BORD,
NATHANCODE, THIRUVANANTHAPURAM-695 003
4. ASSISTANT DEVASWOM COMMISSIONER,
THIRUVANANTHAPURAM GROUP,
THIRUVANANTHAPURAM.
5. ASSISTANT DEVASWOM COMMISSIONER,
PARAVOOR, TRAVANCORE DEVASWOM BOARD.
6. SUB GROUP OFFICER,
CHENTHITTA DEVASWOM,
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM.
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WP(C).No. 3726 of 2017 (M)
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7. SUB GROUP OFFICER,
KAMALESWARAM DEVASWOM,
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM.
8. BAHULEYAN,
WATCHER, PUTHENCHANTHA DEVASWOM,
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM.
BY SRI.T.K.AJITH KUMAR, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 3726 of 2017 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER ROC NO.21791/2016/MIS-(A)
DATED 27-1-2017 OF THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY SMT.S.SUKUMARI
BEFORE THE 6TH RESPONDENT ON 10-10-2016.
EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE SUB GROUP
OFFICER, CHENTHITTA REGARDING THE OCCURRENCE OF THE
ABOVE INCIDENT TO THE SUB INSPECTOR OF POLICE,
THAMPANOOR ON 12-10-2016.
EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 30-1-2017 FILED BY
PETITIONER BEFORE THE RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
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P.V.ASHA J.
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W.P.(C).No.3726 of 2017
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Dated this the 3rd day of February, 2017
J U D G M E N T
Petitioner is aggrieved by the order passed by the 3rd respondent transferring him from Kamaleswaram to Paravoor Temple. The order of transfer was issued on 31.12.2016. According to the petitioner, the transfer has been ordered on the basis of a complaint from the residents association. The respondent Board has not served the copy of the said complaint to the petitioner. It is also his case that no preliminary enquiry was also made with notice to him. Pursuant to the order issued on 31.12.2016, the Assistant Devaswom Commissioner had issued Ext.P1 order relieving the petitioner and directing him to the station to which he is transferred. It is pointed out that Paravoor is far away from his residence. He had joined duty in Kamaleswaram Devaswom only on 23.01.2016 and the complaint based on which he has been transferred is absolutely baseless. He further says that his wife is a mentally ill person under going Psychiatric treatment for the last 2 years; he has got two daughters and aged parents who are undergoing treatment and he is the only member who has to attend them. Petitioner submits that he has already W.P.(C).No.3726 of 2017 2 approached the second respondent preferring Ext.P4 appeal.
2. Learned Standing counsel seriously opposed the contentions raised by the petitioner seeking retention at Kamaleswaram Devaswom. It is pointed out that appeal has to be filed before the first respondent.
3. In view of the above circumstances, there shall be a direction to the second respondent to place the appeal Ext.P4 before the the first respondent. The first respondent shall thereupon consider the same and pass orders on it, within a period of 'one month' from the date of receipt of copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE.
AS