IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 37971 of 2007(U) --------------------------------------- PETITIONER: ------------------- SRI.C.NARAYANAN NAMBOOTHIRI, SHANTHI, KUNNINMATHILAKAM SIVA SKESHTRAM, CHERUKUNNU RAILWAY STATION P.O., KANNUR DISTRICT. BY ADV. SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN, SRI.ROY JOSEPH, SMT.M.S.SOUJATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT (ADMN) DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. CHAIRMAN, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR. 4. TRUSTEE, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR. 5. EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR. W.P.(C). NO.37971/2007-U: *ADDL.R6. ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, (ADMN.,) DEPTT., NEELESWARAM, KASARAGOD. *IS IMPLEADED AS ADDITIONAL RESPONDENT AS PER ORDER DTD. 20/10/08 IN I.A. 13024/08. **ADDL.R7. THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, KOZHIKODE. **IS IMPLEADED AS ADDITIONAL RESPONDENT AS PER ORDER DTD. 25/11/08 IN I.A. 14985/08. R1, R2 & R6 BY GOVT PLEADER SRI. P. NANDAKUMAR, R5 BY ADV. SMT.VIDYA A.C, ADV. SRI.A.C.VENUGOPAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37971/2007-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NEWS THAT HAS APPEARED IN DESHABHIMANI DAILY DTD.22/11/2007. EXT.P.2: COPY OF THE JUDGMENT DTD. 19/02/2003 IN O.P. NO. 5554/2003. EXT.P.3: COPY OF THE ORDER DTD 21/04/2003 ISSUED BY THE R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 23/11/2007. EXT.P.5: COPY OF THE PROCEEDINGS DTD. 06/06/2008 OF THE R.5. EXT.P.6: COPY OF THE LETTER DTD. 21/06/2008 ISSUED BY THE R.5. TO THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMN) DEPARTMENT, NEELESWARAM WHO IS THE ADDITIONAL R.6. EXT.P.7: COPY OF THE REPRESENTATION DTD. 13/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37971 of 2007-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT The main relief sought for in the writ petition is for a direction to the second respondent to see that no new appointment to the post of Santhies in Special Grade, A Grade and B Grade are done overlooking the seniority list, by respondents 3 to 5. Learned counsel for the petitioner submits that as per Ext.P5 produced along with I.A.No.13025/2008, the petitioner has been promoted as B Grade Santhi. It is submitted that in view of Ext.P5, the due benefit to the petitioner has to be disbursed in the light of Ext.P6 recommendation of the Executive Officer. 2. Therefore, there will be a direction to the additional 6th respondent, the Asst. Commissioner, to take a decision in the matter as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/