Dismissed

Elayidath Venugopal Nair, v. the Commissioner

Kerala HC7 Mar 2022WP(C)/3034/2022

Case brief

AI extract

What is this about?

The petitioner, a hereditary trustee of a Special Grade Temple, directed a writ petition seeking appointment of a qualified Executive Officer. The court directed the Devaswom Board to consider the trust resolution and appoint the officer before 31.5.2022.

What did the court decide?

Petitioner satisfied with assurance that request will be considered; directed 1st respondent to appoint desired officer before 31.5.2022.

Elayidath Venugopal Nair, Vs the Commissioner — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

¶5

WP(C) NO. 3034 OF 2022

¶6

PETITIONER/S:

¶7

ELAYIDATH VENUGOPAL NAIR,
AGED 75 YEARS

¶8

S/O. LATE P KUNHIRAMAN NAIR, SANTHI SADHAN , P.O. KOLLAM,
KOYILANDI KOZHIKODE DISTRICT (FIT PERSON AND A MEMBER OF
THE EIGHT HEREDITARY TRUSTEES).
BY ADVS.
V.N.RAMESAN NAMBISAN
BENOY SASI

¶9

RESPONDENT/S:

¶10

1 THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE DISTRICT 673 006.

¶11

2 CHAIRMAN, BOARD OF TRUSTEE,S SREE PISHARIKAVU DEVASWOM, P.O. KOLLAM, KOYILANDI TALUK, KOZHIKODE DISTRICT 673 307.

¶12

3 SRI. K. VENUGOPALAN, THE EXECUTIVE OFFICER, SREE PISHARIKAVU DEVASWOM P.O. KOLLAM, KOYILANDI TALUK, KOZHIKODE DISTRICT 673 307.

¶13

OTHER PRESENT:

¶14

SC R.LAKSHMI NARAYAN

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 3034 OF 2022

¶17

¶18

JUDGMENT

¶19

Dated this the 7^th day of March, 2022

¶20

The petitioner is one among the eight hereditary trustes of the Sree Pisharikavu Devaswom, which is a Special Grade Temple. According to the petitioner all Special Grade Temples under the 1^st respondent Board are administrated by Executive Officers not below the rank of Senior / Junior Superintendent of the Board. Petitioner is aggrieved by the fact that despite Ext.P1 request of the Trustee Board, the Devaswom did not even appoint any such employee as the Executive Officer. The prayer in the writ petition is to direct the Devaswom Board to appoint a person with requisite qualification as Executive Officer of the Sree Pisharikavu Devaswom.

¶21

2.Learned Standing Counsel for the Malabar Devaswom Board fairly submitted that the practice being followed is to appoint employees of the Devaswom Board not below the rank of Senior / Junior Superintendent, as Executive Officers

¶22

WP(C) NO. 3034 OF 2022

¶23

2

¶24

in Special Grade Temples. The only reason for not appointing such an employee at the Sree Pisharikavu Temple is the dearth of officers in the rank of Senior / Junior Superintendent. It is assured that the request of the petitioner will be considered positively by the Commissioner, Malabar Devaswom during the General Transfer of 2022.

¶25

3.Learned counsel for the petitioner submits that for the time being, the petitioner will be satisfied with such consideration, provided it is done within a time limit.

¶26

In the result, the writ petition is disposed of directing the 1^st respondent to consider Ext.P1 resolution of the Board of Trustees and to take effective measures for appointing an office in the rank of Junior / Senior Superintendent as Executive Officer at the Sree Pisharikavu Devaswom, expeditiously as possible and at any rate before 31.5.2022.

¶27

Sd/V.G ARUN JUDGE

¶28

WP(C) NO. 3034 OF 2022

¶29

¶30

APPENDIX OF WP(C) 3034/2022

¶31

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE MINUTES DATED 24.02.2020
PASSED BY THE 2ND RESPONDENT, BOARD OF
TRUSTEES.
Exhibit P2TRUE COPY OF THE LETTER NO. P.D. 24/20
DATED 24.02.2020 ISSUED BY THE 2ND
RESPONDENT CHAIRMAN OF THE TRUSTEE BOARD
TO THE IST RESPONDENT MALABAR DEVASWOM
BOARD.

Elayidath Venugopal Nair, v. the Commissioner

Case brief

What is this about?

What did the court decide?

Elayidath Venugopal Nair, v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Simi G. Nair Vs Kerala State Beverages M and M Ltd.

Simy Sebsatian K. Vs State of Kerala

Divya Dileep Vs the Managing Director and Chief Executive

Dr.P.K.Tulasidas Vs Kerala State Council for Science, Technology and Environment

State of Kerala Rep.by Special Tahsildar Vs Santhamma

State of Kerala Represented by Special Tahsildar (La)(Railways) Vs Thankappan