Disposed

S. Madhu v. Travancore Devaswom Board

Kerala HC29 Nov 2021WP(C)/2367/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Travancore Devaswom Board to expeditiously consider the petitioner's final representation and affix an opportunity of hearing before passing any final order on his claim for service dues related to an Annadanam conducted during his tenure.

What did the court decide?

Directed the 1st Respondent to consider the petitioner's representation (Ex.P17) within 6 weeks and provide an opportunity of hearing before passing final orders.

S. Madhu Vs Travancore Devaswom Board — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 2367 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 29^TH DAY OF NOVEMBER 2021 / 8TH AGRAHAYANA, 1943

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WP(C) NO. 2367 OF 2020

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PETITIONER/S:

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S. MADHU AGED 58 YEARS S/O. SREEDHARAN, KUMARI VILASAM, ILAVUMTHITTA, PATHANAMTHITTA - 689 507.

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BY ADVS. D.AJITHKUMAR SMT.HARSHA S. NAIR SMT.T.MANASY

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RESPONDENT/S:

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1 TRAVANCORE DEVASWOM BOARD NATHANCODE, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.

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3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.

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4 ASSISTANT COMMISSIONER ARANMULA GROUP, TRAVANCORE DEVASWOM BOARD, ARANMULA, PATHANAMTHITTA - 689 549.

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5 ADMINISTRATIVE OFFICER VALIYAKOICKAL DEVASWOM, TRAVANCORE DEVASWOM BOARD, PANDALAM - 689 501.

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6 DEVASWOM ACCOUNTS OFFICER TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.

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WP(C) NO. 2367 OF 2020

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BY ADV SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2367 OF 2020

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No.2367 of 2020

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Dated this the 29^th day of November, 2021

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JUDGMENT

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The above writ petition is filed with following prayers :

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“(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to ExhibitP14 and P15 Orders and quash the same;

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(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondent Board to disburse the balance amount of Rs.42,32,348/- pursuant to Exhibits-P7, P8 and P9 bills with 18% interest from 2017 onwards till its disbursement to the petitioner;

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(iii) To pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.”

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The petitioner retired from the Travancore

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Devaswom Board service as Administrative Officer, Pandalam Valiyakoickal Devaswom on 31.5.2017. It is the case of the petitioner that while he was working as the Administrative Officer of Pandalam Valiyakoickal Devaswom, he conducted 'Annadanam' as per Ext.P1 order of the Board during 'Mandalam-Makaravilakku' for the year ME 1191 and ME

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WP(C) NO. 2367 OF 2020 4

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It is the case of the petitioner that the 6^th respondent had given only Rs.25 lakhs as advance amount for conducting Annadanam at Pandalam Valiyakoickal Devaswom by Exts.P5 and P6. According to the petitioner, the total amount spent for 'Annadanam' as per Exts.P7, P8 and P9 are about Rs.88,48,013/-. According to the petitioner, the balance amount due to the petitioner is about Rs.63,48,013/-. The petitioner conducted the 'Annadanam' after availing loan from 3^rd party. Subsequently, as per Ext.P14, an amount of Rs.46,15,665/- was allowed and that includes the amount of Rs.25 lakhs already sanctioned as advance amount. According to the petitioner, only an amount of Rs.21,15,665/- was given to the petitioner as per Exts.P15 and P16. The counsel submitted that the petitioner is entitled the entire amount invested by him in connection with the 'Annadanam'. The counsel also submitted that this Court directed the authorities to consider the grievance as per Ext.P13 and Ext.P14 was passed without giving an opportunity of hearing to the petitioner. The counsel submitted that Ext.P17 is the latest representation and there is no response to Ext.P17

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WP(C) NO. 2367 OF 2020 5

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representation.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the Travancore Devaswom Board.

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After hearing both sides, I think there can be a direction to the authority concerned to consider Ext.P17 and pass appropriate orders in it. There can be a time limit also to consider Ext.P17.

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Therefore, this writ petition is disposed in the following manner :

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1. The 1^st respondent is directed to consider Ext.P17 as expeditiously as possible, at any rate, within 6 weeks from the date of receipt of a copy of this judgment.

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1. Before passing final orders, the 1^st respondent will give an opportunity of hearing to the petitioner.

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SD/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 2367 OF 2020

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APPENDIX OF WP(C) 2367/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE ROC NO.8242/10/NS 30.12.2014 ISSUED BY RESPONDENT BOARD.
EXHIBIT P2	TRUE COPY OF THE SPLIT UP DETAILS OF EXHIBIT P1 REGARDING RATES FIXED FOR EACH ITEM FOR ANNADANAM DURING MORNING BY THE BOARD DATED 17.11.2014.
EXHIBIT P3	TRUE COPY OF THE SPLIT UP DETAILS OF EXHIBIT P1 REGARDING RATE FIXED FOR EACH ITEM FOR ANNADANAM DURING NOON BY THE BOARD DATED 17.11.2014.
EXHIBIT P4	TRUE COPY OF THE SPLIT UP DETAILS OF EXHIBIT P1 REGARDING RATES FIXED FOR EACH ITEM FOR ANNADANAM DURING EVENING BY THE BOARD DATED 17.11.2014.
EXHIBIT P5	TRUE COPY OF THE COMMUNICATION DATED 29.12.2016 ISSUED BY 6TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE COMMUNICATION DATED 20.01.2017 ISSUED BY 6TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE BILL FOR RS.21,43,391.84/- THE EXPENSES INCURRED FOR THE CONDUCT OF ANNADANAM FOR THE PERIOD FROM 16.11.16 TO 15.12.16.
EXHIBIT P8	TRUE COPY OF THE BILL FOR THE AMOUNT OF RS.40,88,197/- FOR CONDUCTING ANNADANAM FOR THE PERIOD FROM 6.12.2016 TO 26.12.2016.
EXHIBIT P9	TRUE COPY OF THE BILL FOR RS.26,16,425/- DURING THE PERIOD FROM 31.12.2016 TO 12.1.2017 FOR THE EXPENSES INCURRED FOR 'ANNADANAM'.

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WP(C) NO. 2367 OF 2020	7
EXHIBIT P10	TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 5.1.2017 GIVEN BEFORE THE RESPONDENT BOARD.
EXHIBIT P11	TRUE COPY OF THE COMMUNICATION DATED 15.5.2017 GIVEN TO THE 4TH RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE REPRESENTATION DATED 7.1.2018 GIVEN BY PETITIONER TO THE RESPONDENT BOARD.
EXHIBIT P13	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.17257 OF 2019 DATED 5.8.2019.
EXHIBIT P14	TRUE COPY OF THE ORDER ROC NO.8242/10/NS DATED 26.8.2019 OF THE RESPONDENT BOARD.
EXHIBIT P15	TRUE COPY OF THE ORDER VIDE ROC NO.5225/17/SAB DATED 9.10.2019 ISSUED BY 3RD RESPONDENT.
EXHIBIT P16	TRUE COPY OF THE CHEQUE DATED 10.10.2019 ONLY FOR RS.21,15,665/- ISSUED BY 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P17	TRUE COPY OF THE REPRESENTATION DATED 10.1.2019 GIVEN BY PETITIONER TO THE 1ST RESPONDENT.

S. Madhu v. Travancore Devaswom Board

Case brief

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S. Madhu v. Travancore Devaswom Board

Case brief

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