Kerala High Court
P.S.Paramswaran Nampoothiri vs The Travancore Devaswom Board on 30 October, 2008
Bench: P.R.Raman, T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11249 of 2008(L)
1. P.S.PARAMSWARAN NAMPOOTHIRI,
... Petitioner
Vs
1. THE TRAVANCORE DEVASWOM BOARD
... Respondent
2. THE COMMISSIONER,
3. THE FINANCE & ACCOUNTS OFFICER,
4. THE DEVASWOM ASSISTANT COMMISSIONER,
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent :SRI.K.N.VENUGOPALA PANICKER, SC, TDB
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :30/10/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
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W.P.(C) No.11249/2008-L
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Dated this the 30th day of October, 2008.
J U D G M E N T
Raman, J.
The petitioner impugned Ext.P2 issued by the second respondent by which the Assistant Devaswom Commissioner, Ettumanoor, was informed that the petitioner shall not be included in the Advisory Committee in future. Thus, by Ext.P2, the stigma is created. Ext.P2 is issued based on a vigilance report. The petitioner, however, was not heard before issuing Ext.P2. Therefore, we are of the opinion that the petitioner ought to have been heard before disqualifying him from being included in the Committee. Thus, in this view of the matter, it is not necessary to go into the merits of the other contentions of the case. Ext.P2, to the extent the petitioner is being disqualified to be included in the future committees and the adverse remarks, if any, made therein, is quashed and the petitioner may be given an opportunity of being heard before passing any further order.
We find that during the pendency of the proceedings the temple Advisory Committee has been constituted. True, it is only based on nominations that such a committee has been constituted and nobody can as W.P.(C) No.11249/2008 -:2:- of now say that he is entitled to be included. In this view, non inclusion will not affect the right of the petitioner. However, as we have already opined a person shall not be disqualified without being heard and for that reason we have already quashed Ext.P2.
The original petition is allowed as above.
(P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms