Dismissed

Omalloor Chakkulathukavu Devi Kshethra Advisory Committee v. the Travancore Devaswom Board

Kerala HC15 Sept 2022WP(C)/29241/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking the appointment of a full-time Kazhakam in a temple. Finding a Kazhakam was appointed on honorarium satisfying earlier directions, the Court concluded the petition.

What did the court decide?

Petition disposed of by recording that a Kazhakam on payment of honorarium was appointed in terms of the Board's order.

Omalloor Chakkulathukavu Devi Kshethra Advisory… — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA,
1944

¶7

PETITIONER:

¶8

OMALLOOR CHAKKULATHUKAVU DEVI KSHETHRA ADVISORY
COMMITTEE
REPRESENTED BY ITS PRESIDENT M.K.UNNIKURUP, RE-
SIDING AT MURALI SADANAM, PARAYANADI,
OMALLOOR.P.O., PATHANAMTHITTA DISTRICT.

¶9

BY ADVS.
SRI.KRB.KAIMAL (SR.)
SRI.B.UNNIKRISHNA KAIMAL

¶10

RESPONDENTS:

¶11

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

¶12

2 THE DEPUTY DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA-689 645.

¶13

BY ADVS.
SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM
BOARD
SRI.T.K.AJITH KUMAR, SC, TDB

¶14

SRI C.K.PAVITHRAN- STANDING COUNSEL ,TRAVANCORE
DEVASWOM BOARD

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶16

W.P.(C)No.29241 of 2013

¶17

¶18

JUDGMENT

¶19

Anil K. Narendran, J.

¶20

The petitioner, namely, Omalloor Chakkulathukavu Devi Kshetra Advisory Committee, represented by its President, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to take up Ext.P3 representation dated 25.05.2013 and Ext.P4 representation dated 09.08.2013 respectively and appoint a Thali/Kazhakam/Sweeper in Omalloor Chakkulathukavu Devi Temple, at the earliest. Going by the averments in the writ petition, Omalloor Chakkulathukavu Devi Temple is an ancient temple and included among the incorporated temples in Schedule-I of the Travancore-Cochin Hindu Religious Institutions Act, 1950. Till the year 2012, there was only a part time Santhi in the temple and there were no other employees. The petitioner submitted a representation before the 1^st respondent Board to appoint a full time Santhi and a Kazhakam (Thali/Sweeper). As the Board did not consider the matter, the petitioner filed W.P.(C)No.65 of 2012 before this Court. That writ petition was disposed of by Ext.P2 judgment dated 04.01.2022, whereby the Board was directed to consider the representation

¶21

W.P.(C)No.29241 of 2013

¶22

¶23

made by the petitioner for appointment of a full-time Santhi and Kazhakam. Thereupon, the Board appointed a full-time Santhi. But till now, no Kazhakam/Thali is appointed. The temple and the premises are being cleaned by the worshippers residing nearby. The cleaning of vessels, lamps, etc., are also being done by the worshippers and the Santhi.

¶24

On 29.11.2013, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to why a full-time post of Kazhakam has not been sanctioned to the temple so far.

¶25

On 06.12.2013, when this writ petition came up for consideration, this Court admitted the matter on file and the learned Standing Counsel for Travancore Devaswom Board took notice for the respondents. In the order dated 06.12.2013, this Court noticed that on an earlier occasion this Court by Ext.P2 judgment had directed the Board to take a decision in the matter. However, a full time Santhi alone has been appointed. The learned counsel for the petitioner pointed out that a Kazhakam is necessary for the proper functioning of the Temple. Therefore, this Court directed the Board to take an appropriate decision on

¶26

W.P.(C)No.29241 of 2013

¶27

¶28

that request within one month from the date of production of a

¶29

copy of that order.

¶30

The 1^st respondent has filed a counter affidavit dated 28.05.2014. Paragraphs 7 and 8 of that counter affidavit read thus;

¶31

“7. This Hon’ble Court by interim order dated 06.12.2013 directed this respondent to consider and take a decision on Exts.P3 and P4 and take decision. Accordingly, this respondent considered the representation and issued the order No.18/14/MIS II dated 03.04.2014. A true copy of the above order dated 03.04.2014 is produced herewith and marked as Exhibit R1(a).

¶32

By Ext.R1(a), the respondent took initiative to appoint a Kazhakam on payment of honorarium of Rs.1,000/- per month and orders are issued to the concerned Assistant Devaswom Commissioner to implement the order. Thus the order of this Hon’ble Court is complied with. It is further submitted that at present the expenses of this temple exceeds the income. So the financial position of the temple is not viable enough to appoint a full time Kazhakam. Hence, decided to appoint a Kazhakam on honorarium payment. It is submitted that by Ext.R1(a) the grievance of the petitioner is redressed. Hence the writ petition may be closed accordingly.” 5. Today, when the matter is taken up for consideration,

¶33

the learned Standing Counsel for Travancore Devaswom Board would submit that, the arrangements in Ext.R1(a) order is still

¶34

W.P.(C)No.29241 of 2013

¶35

¶36

continuing. The financial position of the temple is not sufficient

¶37

for appointment of a full time Kazhakam.

¶38

In the above circumstances, we deem it appropriate to dispose of this writ petition recording the fact that a Kazhakam on payment of honorarium is appointed in Omalloor

¶39

Chakkulathukavu Devi Temple in terms of Ext.R1(a) decision dated 06.12.2013 of the 1^st respondent.

¶40

Sd/-

¶41

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR

JUDGE

W.P.(C)No.29241 of 2013

¶47

¶48

APPENDIX

¶49

PETITIONER EXHIBITS

¶50

EXHIBIT P1

¶51

TRUE COPY OF THE REPRESENTATION DATED
14.1.2010 SUBMITTED BY THE PETITIONER
TO THE IST RESPONDENT.

¶52

EXHIBIT P2
TRUE COPY OF THE JUDGMENT DATED
4.1.2012 OF THIS HON'BLE COURT IN
WP[C]NO.65/12.

¶53

EXHIBIT P3
TRUE COPY OF THE REPRESENTATION DATED
25.5.2013 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.

¶54

EXHIBIT P4
TRUE COPY OF THE REPRESENTATION DATED
9.8.2013 SUBMITTED BY THE PETITIONER TO
SHRI.P.K.KUMARAN, EX-MLA MEMBER, TRAV-
ANCORE DEVASWOM BOARD.

¶55

1ST RESPONDENT’S EXHIBITS

¶56

EXHIBIT R1(A)
A TRUE COPY OF THE ORDER NO.18/14/MIS
II DATED 03.04.2014 ISSUED BY THE RE-
SPONDENT.

Omalloor Chakkulathukavu Devi Kshethra Advisory Committee v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Omalloor Chakkulathukavu Devi Kshethra Advisory Committee v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.M.Antony Vs Valiyakath Kunjimuhammed

Suma Vs Somakumar

Sreejith Raveendran Vs Soorya P R

Jose Mathew Vs Tinu Mathew Peediackal

Sushama Vs Anju Prakash

Suramya Vs Vishnu.v