Dismissing a writ petition as a counter blast to an interlocutory order, the Court stated it could not take cognizance without deciding the pending reference appeals on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937
WP(C).No. 38249 of 2015 (E)
PETITIONER(S):
THE MALABAR DEVASWOM STAFF UNION AGED 53 YEARS REG. NO. 13/10/2000 (AFFILIATION NO. 12107) HEAD OFFICE CHIRAKKAL REP. BY IT'S WORKING PRESIDENT, SRI.V.V.SREENIVASAN RESIDING AT GOURI NIVAS, NEAR ANNAPOORNESWARY TEMPLE CHERUKUNNU P.O., KANNUR DISTRICT.
BY ADVS.SRI.J.JULIAN XAVIER
SRI.ROY JOSEPH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. MALABAR DEVASWOM BOARD, REP. BY ITS PRESIDENT, ERANHIPALAM P.O. KOZHIKODE - 673 006. 3. THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE, ERANHIPALAM P.O. KOZHIKODE - 673 006. 4. THE TRUSTEE, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O. KANNUR DISTRICT - 670 011. 5. EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOMS, CHIRAKKAL P.O. KANNUR DISTRICT - 670 011. 6. VADAKUNNA PUZHA SHIVA SKHETRA SEVA SAMITHI MADAYI VILLAGE, VENGARA P.O., PAZHAYANGANGADI KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY SRI.P.V.NARAYANAN, PUTHIYAVEETIL, VENGARA P.O. KANNUR DISTRICT - 670 305.
R2-R3 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R1 BY SR.GOVERNMENT PLEADER SRI.SOJAN JAMES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38249 of 2015 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
P1- TRUE COPY OF THE ORDER DT. 29.5.1972 ISSUED BY THE DEPUTY COMMISSIONER IN OA NO. 8/71. P2 - TRUE COPY OF THE ORDER DT. 18.12.1981 IN OS NO. 219/1978. P3 - TRUE COPY OF THE LETTER DT. 11.6.2012 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT. P4 - TRUE COPY OF THE ODER DT. 16.1. 2015 IN OA NO. 8/2014. P5 - TRUE COPY OF THE PROCEEDINGS DT. 19.11.2011 ISSUED BY THE 5TH RESPONDENT. P6 - TRUE COPY OF THE REPRESENTATION DT. 20.11.2015 FILED BY THE EMPLOYEES UNDER CHIRAKKAL KOVILAKAM DEVASWOM BEFORE THE 5TH RESPONDENT. P7 - COPY OF THE JUDGMENT DT. 29.7.2009 IN OS NO. 74/1999. P8 - COPY OF THE JUDGMENT DT. 05.2.2011 IN OS NO. 55/2000 OF THE SUB COURT.
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
PS TO JUDGE
THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.
W.P(C).No. 38249 of 2015
----------------------------------------------Dated this the 27th January, 2016
JUDGMENT
Thottathil B.Radhakrishnan, J.
We had heard the learned counsel for the petitioner on an earlier occasion, when we wanted to see the judges papers in R.F.A.No.782 of 2009 that arises from O.S.No.74 of 1999 of the Sub Court, Payyannur, which is the strong basis for the directions sought for in this writ petition. Looking into the judges papers in R.F.A.No.782 of 2009, we see that on I.A.No. 4433 of 2009 there is an order of stay of operation of the decree and judgment in O.S.No.74 of 1999 on the file of the Sub Court, Payyannur, in so far as it relates to the decree for surrender of possession of the plaint schedule property to the plaintiff. So much so, any further direction on the basis of that decree could be issued only if the Bench hearing the R.F.A.No.782 of 2009 modifies that order or finally decides that appeal. We are unable to take cognizance of this writ petition which, in its totality, is essentially a counter blast
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to the interlocutory order granted by the Division Bench of this Court in the aforenoted matter.
Therefore, this writ petition is dismissed without in any manner impairing the pendency and consideration of R.F.A.No.782 of 2009 and without deciding anything on merits.
THOTTATHIL B.RADHAKRISHNAN
JUDGE
ANU SIVARAMAN
JUDGE
vgs
The Malabar Devaswom Staff Union
State of Kerala
Malabar Devaswom Board
The Commissioner, Malabar Devaswom Board
The Trustee, Chirakkal Kovilakam Devaswom
Executive Officer, Chirakkal Kovilakam Devaswoms
Thottathil B.Radhakrishnan
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
