IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 1005 of 2010(A) ------------------------- PETITIONER(S): --------------- 1. NARAYANAN NAMBOOTHIRI MELSANTHI, AZHAKODI DEVI TEMPLE, THURUTHIYAD,KOZHIKODE. 2. V.UNNIKRISHNAN NAMBOOTHIRI, KEEZHSHANTHI AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 3. C.SANKARAN NAMBOOTHIRI,KEEZHSANTHI, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 4. V.KESAVAN NAMBOOTHIRI,,KEEZHSANTHI, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 5. P.M.SURESH WARRIER, KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 6. NARAYANA PISHARADI, KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 7. SIVASANKARAN.M,KAZHAKAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 8. T.K.PARAMESWARA MARAR, VADYAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 9. M.SREEJA, CLERK, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 10. C.SURENDRAN,ADICHUTHALI, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 11. P.PAVITHRAN, KALAVARA, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. BY ADV. SMT.P.V.ASHA SMT.VINEETHA B. W.P.(C) No.1005/2010 : 2 : RESPONDENT(S): --------------- 1. MALABAR DEVASWOM REPRSENTED BY ITS SECRETARY, OFFICE OF THE MALABAR DEVASWOM, KOZHIKODE. 2. COMMISSIONER, MALABAR DEVASWOM, KOZHIKODE. 3. EXECUTIVE OFFICER, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 4. BOARD OF TRUSTEES, AZHAKODI DEVI TEMPLE, REPRESENTED BY ITS CHAIRMAN, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 5. SRI.SUNILKUMAR, WATCHMAN, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 6. SRI.VASISHTAN, WATCHMAN, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 7. SRI.BALAKRISHNAN, ADICHUTHELI, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 8. SMT.RENJITHA, CLERK, AZHAKODI DEVI MANDIRAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. 9. SRI.VISWANATHAN NAIR, GARDENER, AZHAKODI DEVI MANDIRAM, AZHAKODI DEVI TEMPLE, THURUTHIYAD, KOZHIKODE. BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1 & 2 BY ADV. SRI.PHILIP T.VARGHESE FOR R8 BY ADV.SRI.THOMAS T.VARGHESE FOR R8 BY ADV. SRI.P.NARAYANAN FOR R5-7 BY ADV. SRI.M.P.ASHOK KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.1005 of 2010 EXT.P1 TRUE COPY OF G.O.(MS) NO.116/2009/RD DATED 28.2.2009. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 10.3.2006 IN W.P.(C) 2605/2006 EXT.P3 TRUE COPY OF THE ORDER DATED 24.3.2006 OF DEPUTY COMMISSIONER IN O.A.NO.4/2005 EXT.P4 TRUE COPY OF THE ORDER DATED 29.6.2006 OF THE COMMISSIONER IN A.P.8/06. EXT.P5 TRUE COPY OF THE JUDGMENT DATED 9.10.2006 IN W.P.(C) NO.21302/2006. EXT.P6 TRUE COPY OF REPRESENTATION DATED 24.7.2009. EXT.P7 TRUE COPY OF APPLICATION DATED 27.8.2009 UNDER RIGHT TO INFORMATION ACT. EXT.P8 TRUE COPY OF THE LETTER DATED 24.9.2009 OF PUBLIC INFORMATION OFFICER. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & C.N.RAMACHANDRAN NAIR, JJ. ------------------------------- W.P.(C) No.1005 of 2010 ------------------------------- Dated this the 25th day of March, 2010 J U D G M E N T Raman, J. Petitioners are the existing regular employees of the Azhakodi Devi Temple. The prayer made in the writ petition is to direct respondents 3 and 4 not to regularise respondents 5 to 9 or any person engaged on daily wages under the respondents 3 and 4 and not to make any further appointments in the temple, except after the upgradation of the temple. There is a further prayer to issue a direction to the respondents to reckon the income from the Devimadiram Kalyanamandapam and auditorium of Azhakodi Devi Temple along with the income of the temple for the purpose of determining the grade of the temple and also for the purpose of meeting expenses for administration of the temple. It is stated that this temple comes under the Malabar Devaswom. 2. Malabar Devaswom has filed a statement. Paragraph 2 and 3 of the said statement reads as follows:- W.P.(C) No.1005 of 2010 2 “2. It is submitted that, in the matter of Azhakode Devi Kshethram, a Special Team has been constituted as per Letter No.H2- 8169/05/MDB dated 19.09.2009 for enquiring into all the administration matters and allied matters including the matters which is the subject matter of the writ petition. As soon as the Special Team submits its report, steps will be initiated accordingly. 3. It is respectfully submitted that the writ petition is premature and the anxieties and apprehensions of the petitioners are without any basis. The Board has not taken any decision regarding the regularisation of employees and upgradation of temple so far. Further, steps will be taken only after receipt of the Report of the Special Team mentioned above. The writ petition is devoid of merits and it may be dismissed.” 3. In view of the above submission, we have no doubt in out mind that the matter is being considered by the Malabar Devaswom. As at present, since the employees are appointed only on daily wages, if there is any proposal to make regularisation, certainly sanction has to be obtained from the Malabar Devaswom, and at that time, the Devaswom will W.P.(C) No.1005 of 2010 3 consider the grievance of the petitioners. 4. As regards the question whether the income from the Kalyanamandapam and Auditorium of the temple has also to be reckoned on income of the temple for gradation, the matter be considered by the Malabar Devaswom on the existing norms followed in the temples under it. The writ petition is accordingly closed. P.R.RAMAN, JUDGE. C.N.RAMACHANDRAN NAIR, JUDGE nj.