Petitioners sought regular wages for performing Kazhakam duties after a transfer of rights. The respondent Board subsequently issued an order granting wages for the entire period, resolving the grievance.
Writ petition closed in light of Annexure-R1(A) order granting wages.
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 V.G.ARUN
MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
WP(C) NO. 3363 OF 2022
PETITIONERS:
1 APARNA AGED 20 YEARS APARNA, AGED 20 YEARS, DOUGHTER OF. T. V MANJULA, SREENILAYAM, THIRUVANATH WARRIAM ENGAKKADU P. O, WADAKKANCHERRY, THRISSUR - 680589 THRISSUR, PIN – 680589
2 T.V MANJULA AGED 49 YEARS T. V MANJULA, AGED 49 YEARS, D/O. SREEDEVI WARASIYAR SREENILAYAM, THIRUVANATH WARRIAM ENGAKKADU P. O, WADAKKANCHERRY, THRISSUR - 680589 THRISSUR, PIN – 680589
BY ADVS. SR. K.B.GANGESH SMT. SMITHA CHATHANARAMBATH
RESPONDENTS:
1 COCHIN DEVASWOM BOARD COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY THRISSUR DISTRICT - 680 001 THRISSUR, PIN – 680001
WP(C) NO. 3363 OF 2022
2
THRISSUR, PIN – 680590
BY ADV. SRI. K.P.SUDHEER, STANDING COUNSEL FOR COCHIN DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3363 OF 2022
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JUDGMENT
Dated this the 14th day of March, 2022
The petitioners belong to the family having Karanma Kazhakam rights in Uthralikkavu Temple. Rajalakshmi Warasiyar, the member of the family who had undertaken to do Kazhakam duties fell ill in the beginning of the year 2020. As it became difficult for Rajalakshmi Warasiyar to perform Kazhakam on her own, she was assisted by the second petitioner. Later, request was made by her for transferring the Kazhakam rights to the first petitioner. While so, Rajalakshmi Warasiyar died on 17.08.2020. Thereupon, the first petitioner obtained consent from all the other family members for taking over Kazhakam rights of the temple on behalf of the family and requested the second respondent Board to permit her to do the work. As there was no positive response from the Board, the petitioner approached this Court, resulting in Ext.P1 judgment directing the first respondent to take up the second petitioner’s request
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and dispose the same after affording an opportunity of being heard. Based on the direction, the Board passed Ext.P2 order granting Kazhakam rights to the second petitioner for only for 4½ months in a year. Ext.P2 order was challenged before this Court successfully. By Ext.P3 judgment, this Court set aside Ext.P2 and directed re-consideration. Thereupon the Board passed Ext.P4 transferring Karanma Kazhakam rights on the first petitioner completely from 17.08.2020, the date on which Rajalakshmi Warasiyar expired. The prayer in this writ petition is for a direction to the respondents to pay regular wages to the first petitioner for doing Karanma Kazhakam duties during the period 17.08.2020 to 24.03.2021.
Hence, the writ petition is closed in the light of Annexure-R1(A) order, reserving the petitioners’ right
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to agitate their grievances, if any subsisting, before
the appropriate authority.
Sd/-
V.G.ARUN
JUDGE
NB/14-3
WP(C) NO. 3363 OF 2022
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APPENDIX OF WP(C) 3363/2022
| PETITION | ERS' EXHIBITS | ||
|---|---|---|---|
| EXHIBIT | P1 | TRUE COPY O IN WP(C) NO |
F THE JUDGMENT OF THIS HON'BLE COURT . 22689/2020 DATED 22.10.2020 |
| EXHIBIT | P2 | TRUE COPY 24.03.2021 |
OF ORDER NO. M4.8654/ 2020 DATED ISSUED BY THE 1ST RESPONDENT |
| EXHIBIT | P3 | TRUE COPY O IN WP(C) NO |
F THE JUDGMENT OF THIS HON'BLE COURT . 9035 / 2021 DATED 30.07.2021 |
| EXHIBIT | P4 | TRUE COPY 22.09.2021 |
OF ORDER NO. M4.8654/2020 DATED ISSUED BY THE 1ST RESPONDENT |
| EXHIBIT | P5 | TRUE COPY RESPONDENT 08.10.2021 |
OF REQUEST SUBMITTED BY THE 1ST BEFORE THE 2ND RESPONDENT DATED |
| EXHIBIT | P6 | TRUE COPY 09.07.2019 |
OF ORDER NO. M4 13978/2017 DATED ISSUED BY THE 1ST RESPONDENT |
| RESPONDE | NTS EXHIBITS: | ||
| ANNEXURE | R1 A | TRUE COPY O BY DEVASWOM |
F M4.8654/2020 DATED 3.3.2022 ISSUED COMMISSIONER. |
TRUE COPY
P.A TO JUDGE
1 issue framed by the court
Whether the writ petition for regular wages pending before the court should be allowed or closed in light of a new order granting wages.
Aparna
T.V Manjula
Cochin Devaswom Board
Assistant Commissioner
Devaswom Officer
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
