IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 29998 of 2005(U) -------------------------- PETITIONER: ------------ P.T.MOHANAKRISHNAN, "GOVINDA SADANAM", ERAMANGALAM P.O., PONNANI. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------- 1. THE GURUVAYUR DEVASWOM COMMISSIONER, OFFICE OF THE GURUVAYUR DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. BY ADV. SRI.P.NANDAKUMAR,SC,GURUVAYUR D BOARD FOR R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF LETTER NO. 183/93/GDC DATED 13.7.2005 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P2 PHOTOCOPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 27.7.2005 EXT.P3 PHOTOCOPY OF ORDER NO. 183/93/GDC DATED 5.10.2005 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 29998 OF 2005 -------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Ramachandran Nair,J. Petitioner is chalenging Ext.P3 order issued by the Guruvayur Devasom Commissioner, directing the petitioner to remit an amount of Rs. 1,06,310.87 being the loss caused by him while functioning as Chairman of the Guruvaryur Devaswom Management. It is seen from Ext.P3 order that this court found that premature closure of fixed deposit maintained in a bank led to loss to Devaswom and the same should be recovered from the person concerned. It is not in dispute that deposit was prematurely cancelled by the Administrator at the request of the petitioner. Therefore petitioner was obviously liable for compensating the loss in accordance with the judgment of this Court. However, instead of recovering the amount petitioner was directed to furnish bank guarantee during the pendency of the SLP pending before the Supreme Court. Even though Supreme Court disposed of the case pending before it on 14.8.2006, the direction of this Court to recover 2 the loss caused to the Devaswom is not interfered with by the Supreme Court. Consequently the amount is payble by the petitioner. W.P. is accordingly dismissed leaving freedom to the Devaswom to encash the bank guarantee. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk