The Court dismissed the writ petition filed by a temple employee seeking mandamic orders to compel the Temple Chairman to decide an inter-se dispute regarding turn of duties. The Court held that such a dispute is not maintainable via writ jurisdiction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944 WP(C) NO. 3619 OF 2023
PETITIONER:
RATHEESH K ALIAS RATHEESAN NAMBOODIRI AGED 38 YEARS
S/O.NARAYANAN NAMBOODIRI (LATE) KEEZHPPATHILLAM, ARALAM P.O - 670704 WORKING AS SANTHI, VAYATHUR KALIYAR TEMPLE, IRITTY TALUK, KANNUR, PIN - 670703
BY ADVS.
J.JULIAN XAVIER FIROZ K.ROBIN ROY JOSEPH ANIES MATHEW ANJANA RAM NIRMAL KURIEN EAPEN
RESPONDENTS:
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WORKING AS SANTHI VAYATHUR KALIYAR TEMPLE, IRITTY TALUK, KANNUR, PIN - 670703
**5 MALABAR DEVASWOM BOARD, REP. BY ITS SECRETARY, 'HOUSEFED COMPLEX P.O' ERANHIPALAM, KOZHIKODE - 673 006. (ADDL. 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 01/02/2023 IN I.A.NO.1/2023)
BY ADV. J.JULIAN XAVIER
SRI R.LAKSHMI NARAYAN - STANDING COUNSEL -MALABAR DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Anil K Narendran, J.
The petitioner, who is working as Santhi in Sree Vayathur Kaliyar Temple, which is a controlled institution (B Grade) under the additional 5th respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 2nd respondent, namely, the Chairman, Board of Trustees of Sree Vayathur Kaliyar Temple to consider and pass orders on Ext.P5 representation dated 20.12.2022, with notice to the petitioner, within a time frame fixed by this Court. The administration of the Temple in question is governed by Ext.P1 scheme framed under the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, vide order dated 30.10.2002 of the Deputy Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Kozhikode. Clause 5(c) of Ext.P1 scheme deals with appointment of temple employees. The grievance of the petitioner, which is
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raised in Ext.P5 representation dated 20.12.2022, is an inter-se dispute between the petitioner and the 4th respondent regarding turn of work as Santhi of the said temple.
Board of Sree Vayathur Kaliyar Temple, which is a controlled institution under the additional 5th respondent Malabar Devaswom Board. No writ of mandamus can be issued against the 2nd respondent, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, in order to decide the inter-se dispute between the petitioner and the 4th respondent regarding turn of duties as Santhi of the said temple.
In such circumstances, this writ petition fails and the same is accordingly dismissed, on the ground of maintainability; however without prejudice to the right of the
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petitioner to approach the statutory authority for redressal of
his grievance.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- P.G. AJITHKUMAR, JUDGE
PV
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APPENDIX OF WP(C) 3619/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 30.10.2002 IN OA NO. 11/1996 ISSUED BY THE DEPUTY COMMISSIONER HR&CE, KOZHIKODE Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 27.06.2012 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE SCHEDULE OF THE ESTABLISHMENT OF SREE VYTHUR KALIYAR TEMPLE Exhibit P4 TRUE COPY OF THE ORDER NO. H8/5836/2017/MBD(KDIS) DATED 28.02.2018 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 20.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
1 issue framed by the court
Whether a writ of mandamus can be issued against the Chairman of the Board of Trustees to resolve an inter-se dispute regarding turn of work between two temple employees.
Ratheesh K alias Ratheesan Namboodiri
The Commissioner Malabar Devaswom Board
The Chairman, Trustee Board, Sree Vayathur Kaliyar Temple
The Executive Officer, Sree Vayathur Kaliyar Temple
C.S. Prasanna Kumar
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
