IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 OP.No. 17602 of 1998(U) ---------------------------------- PETITIONER: ------------------- A. RAGHAVAN, S/O. APPU NAMBIAR, KADANNAPPALLI.P.O., KANNUR. BY ADV. SRI.T.A.RAMADASAN, SRI.K.PRAVEEN KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP; BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN.) DEPARTMENT, KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN.) DEPARTMENT, THALASSERY. 4. THE EXECUTIVE OFFICER, SRI. VELLALATHU SIVA TEMPLE, KADANNAPPILLY, KANNUR. BY GOVERNMENT PLEADER SMT. N. SUDHADEVI, ADV. SMT.G.KRISHNAKUMARI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 31041/1998 IN O.P. NO. 17602/1998-U DISMISSED 21/01/2008. SD/- K.M.JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE SCHEME PUBLISHED IN KANNUR DISTRICT GAZETTE DTD. 25/02/81. EXT.P.2: COPY OF THE ORDER OF THE R.2. DTD. 18/12/96. EXT.P.3: COPY OF THE REPRESENTATION SENT BY C.K. SREEDHARAN MASTER, CHAIRMAN OF THE TRUSTEE BEFORE THE HONOURABLE MINISTER FOR DEVASWOM ON 06/01/97. EXT.P.4: COPY OF THE LETTER ISSUED BY THE R.3. TO THE R.4. DTD. 02/09/97. EXT.P.5: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE HONOURABLE MINISTER OF DEVASWOM DTD. 13/08/98. EXT.P.6: COPY OF THE CERTIFICATE OF POSTING. RESPONDENT'S EXHIBIT: EXT.R3.A: COPY OF THE LETTER ADDRESSED TO THE R.2. AND THE ORDER OF THE COMMISSIONER DTD. 19/06/99. //TRUE COPY// prv. K. M. JOSEPH, J. ------------------------------------ O.P NO. 17602 OF 1998 U ------------------------------------- Dated this the 21st January, 2008 JUDGMENT Petitioner was appointed as Vazhipadu Clerk in Vellalathu Temple, Kannur. However, the said appointment was stayed by Ext.P2. Petitioner seeks to quash Ext.P2 and also seeks a direction to appoint him as Vazhipadu Clerk. A mandamus also is sought to pass orders on Ext.P5. 2. I heard the learned counsel for the petitioner, the fourth respondent and also the learned Government Pleader. According to the Government Pleader, this is a case where Ext.P2 can only be treated as a temporary order pending final decision in the matter. She would submit that this is also a case where the appointment was made and then the post was created. The Original Petition is filed in the year 1998. Ext.P2 can be treated only as a temporary measure. In such circumstances, the Original Petition is disposed of as follows: If a final decision has not been taken in the matter by the OP NO.17602/98 U 2 second respondent, a decision in the matter will be taken within two months from the date of receipt of a copy of this Judgment. If the decision is adverse to the petitioner, it is open to the petitioner to challenge the same before the appropriate forum. If a decision has already been taken, it is for the petitioner to work out his remedies before the appropriate forum. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 17602 OF 1998 U JUDGMENT 21st January, 2008.