IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 31326 of 2008(D) -------------------------- PETITIONER: --------------- U.N.THAMPI, CONVENER, SWARNA DHWAJA PUNAPRATHISHTA CO-ORDINATION COMMITTEE,ETTUMANOOR SIVA TEMPLE, ETTUMANOOR, RESIDING AT KUZHIPARAMPIL ATHIRAMPUZHA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: --------------- 1. TRAVANCORE DEVASWOM BOARD REP.BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER, T.D.B, VAIKOM. 4. ASSISTANT COMMISSIONER, ETTUMANOOR SIVA TEMPLE, ETTUMANOOR. 5. ADMINISTRATIVE OFFICER, ETTUMANOOR SIVA TEMPLE, ETTUMANOOR. ADDL. RESPONDENT NO. 6: JAYAPRAKASH NARAYANAN, AGED 59 YEARS, SON OF NARAYANAN NAIR, RESIDING AT THENGUMPALLIL, PAKALOMAGTTOM P.O., KURUVILANGAD VILLAGE, KOTTAYAM DISTRICT. WP(C) 31326/2008 :2: ADDL. RESPONDENT NO. 7: G. ANIL KUMAR, S/O. GOPALAKRISHNAN, AGED 50 YEARS, ASSISTANT AUDIT OFFICER, TRAVANCORE DEVASWOM BOARD, ALUVA, RESIDING PERMANENTLY AT PUTHIYAMADOM, PUZHAVATHU, CHANGANASSERY, KOTTAYAM DISTRICT. :2: (ADDL. R6 IS IMPLEADED AS PER ORDER ON I.A. 14186/20908 DATED 13.11.2008.) (ADDL. R7 IS IMPLEADED AS PER ORDER ON I.A. NO. 11201/2009 DATED 24.9.2009) ADV. SRI.P.B.SAHASRANAMAN FOR ADDL.R6 SRI.K.JAGADEESH FOR ADDL.R6 SRI.T.S.HARIKUMAR FOR ADDL.R6 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1-5 SRI.A.S.P.KURUP (ADV.COMMISSIONER) ADVS. M/S. M.R.RAJENDRAN NAIR (SENIOR ADVOCATE), P.A.KUMARAN, SURAJ.S, VINEETHA B. & M.R.HARIRAJ FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, ALONG WITH W.P.(C) N 18438/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 31326/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 5.8.2004 SUBMITTED BY THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER NO. ROC 9389/04/ O.A.D. DATED 25.5.2005 ISSUED BY 1ST RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 17.10.2006 SUBMITTED BY THE PETITIONER. EXT.P4 TRUE COPY OF THE LETTER DATED 19.10.2006 SUBMITTED BY THE PETITIONER. EXT.P5 TRUE COPY OF THE LETTER NO.ROC 8108/01/M DATED 1.10.2007 ISSUED BY 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE NOTICE PUBLISHED BY 1ST RESPONDENT. EXT.P7 TRUE COPY OF THE ESTIMATE FOR ARCHITECTURAL MEASUREMENT. EXT.P8 TRUE COPY OF THE LETTER NO. ROC `13917/04/PR DATED 14.3.2008 ISSUED BY 1ST RESPONDENT. EXT.P9 TRUE COPY OF THE NOTICE DATED 11.5.2008 ISSUED BY 3RD RESPONDENT. EXT.P10 TRUE COPY OF THE COMPLAINT DATED 15.5.20087 SUBMITTED BY THE PETITIONER. EXT.P11 TRUE COPY OF THE COMPLAINT DATED 7.4.2008 SUBMITTED BY THE PETITIONER. EXT.P12 TRUE COPY OF THE ORDER DATED 3.9.2008 W.P. 24735/2008 OF THE HON'BLE COURT. EXT.P13 TRUE COPY OF THE ORDER ROC. 8108/2001/M. DATED 17.9;.2008 ISSUED BY 1ST RESPONDENT. EXT.P14 TRUE COPY OF THE LETTER DATED 14.2.2008 ISSUED BY KANTARARU RAJIVARARU. WP(C) 31326/2008 :2: RESPONDENTS' EXHIBITS: EXT.R6(a) TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE OFFICE BEARER OF THIRU ETTUMANOORAPPAN BHAKTA JANA SANGHAM, BEFORE THE OMBUDSMAN FOR DEVASWOMS, DATED 3.11.2008. EXT.R7(A) TRUE COPY OF THE ORDER NO. ROC 75/09/EST. DATED 9.6.2009. EXT.R(7(B) TRUE COPY OF THE ORDER NO. ROC 4668/09/EST.2 DATED 29.6.2009. EXT.R7(C) TRUE COPY OF THE ORDER NO. ROC 4668/09/EST. DATED 7.7.2009. EXT.R7(D) TRUE COPY OF THE ORDER NO. ROC 5376/97/EST. 1DATED 12.8.1999. EXT. R7(E) TRUE COPY OF THE ORDER NO. ROC 5376/97/EST. 1 DATED 25.6.2007. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P.R. RAMACHANDRA MENON , JJ. = = = = = = = = = = = = = = = = = = = W.P.(C) NOS. 31326/2008 & 18438/2009 = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF SEPTEMBER, 2009. J U D G M E N T Raman, J. W.P.(C) 31326/2008 is filed by a devotee of Ettumanoor Sree Mahadeva Temple. He seeks to quash Ext.P13, a proceeding issued by the Travancore Devaswom Board dated 17.9.2008 taking certain decisions in the matter of Dhwaja Punaprathishta in the Ettumanoor Sree Mahadeva Temple. Dhwaja Punaprathishta is essentially a matter to be done by the Travancore Devaswom Board and therefore, in the matter of constitution of any committee for that purpose, an individual can have no legal say. Be that it may, we thought that since this is a function attached to a public temple, there should be transparency and co-operation from the public and the sponsors who spent huge amount could be included among others to form a working committee and with that end in view, we appointed an Advocate of this Court as Commissioner to co-ordinate the various matters relating to Dhwaja Punaprathishta and after calling for a report from the Ombudsman, and after considering the same, we appointed an Advocate Commissioner of this Court on 5.11.2008 and certain directions were also issued regarding the powers to be exercised by him. As such, appropriate WP(C) NOS. 31326/08 & 18438/09 2 modification in the larger interest of the Temple has been done and to that extent, Ext.P13 stood modified. No other reliefs stands to be granted in this writ petition even otherwise. 2. However, pending final orders to be passed, the Junior Superintendent attached to the Temple who was effectively assisting the Commissioner in various matters relating to Dhwaja Punaprathishta was transferred on promotion to another Temple and the only other Officer attached to the Temple, Sri. Reghu Kumar was about to retire and subsequently retired on 31.8.2009. In the place of Reghu Kumar, Sri. G. Anil Kumar, Assistant Devaswom Commissioner, Thiruvalla, who was under orders of transfer as Administrative Officer, Malayalapuzha, Aranmula Group was transferred and posted as Administrative officer, Ettumanur Devaswom as per Ext.R7(b) produced in W.P.(c) 31326/2008. While so, W.P.(C) 18438/2009 was filed by Sri. Reghu Kumar complaining that his transfer from Ettumanoor Temple is on the eve of his retirement and therefore, he may be allowed to continue in the same place till his retirement. Sri. G. Anil Kumar was the 4th respondent in the said writ petition who was issued Notice by Speed Post as per the proceedings recorded in the said writ petition. The learned Single Judge considered the above writ petition and passed an interim order on 1.7.2009 directing the WP(C) NOS. 31326/08 & 18438/09 3 official respondents to retain the petitioner therein (Sri. Reghu Kumar) as Administrative officer at Ettumanoor till 31.8.2009. As a result and in implementation of the said order, Anil Kumar could not come and join at Ettumanoor and the Travancore Devaswom Board issued proceedings dated 7.7.2009 Ext.R7(C) produced in W.P.(C) 31326/2008 as per which Anil Kumar was transferred and posted as Assistant Audit officer at Aluva till the superannuation of Reghu Kumar and at Ettumanoor thereafter. Thus, the order passed by this Court in W.P.(C) 18438/2009 is implemented. 3. The Advocate Commissioner appointed by this Court in W.P.(C) 31326/2008 has filed a report before this Court pointing out that right from the beginning ever since he has started to co-ordinate the work in the Temple as per the direction of this Court, two persons - M/s. Reghu Kumar and Rajan were helping him in discharging his duties relating to Dhwaja Punaprathishta, that Reghu Kumar is attaining the age of superannuation on 31.8.2009 and hence when Rajan is also transferred to Sarkara Temple, there will be nobody to assist him, especially, taking into consideration the fact that various steps taken with regard to Dhwaja Punaprathishta could be better completed with the assistance of the two persons who were already involved and helping him in the matter. Taking into consideration of the request so made and after hearing the parties, this Court thought it fit to WP(C) NOS. 31326/08 & 18438/09 4 pass appropriate orders and with a view thereto, both the writ petitions were ordered to be posed and after taking into consideration the submissions made, we passed an order on 26.8.2009 that Sri. Rajan who is already transferred to Sarkara shall be brought back to Ettumanoor Temple on working arrangement basis permitting Anil Kumar to continue in the place where he was working. This order thus in effect was only extending the order of the learned Single Judge so as to have the continued service of Rajan to the Commissioner till the Dhwaja Punaprathishta ceremony is over. Subsequently, Sri. Anil Kumar sought to get impleaded himself in W.P.(C) 31326/2008. Though such a petition was found absolutely not necessary since the order was passed jointly in both the writ petitions together, however, the same was allowed and the learned senior counsel Sri. M.R. Rajendran Nair was heard in the matter. 4. It is pointed out by the learned counsel appearing for Anil Kumar that his transfer to Ettumanoor was based on a general transfer. Usually, the employees have a right to opt the place to be transferred and three options are generally given. Anil Kumar had opted Malayalapuzha, Kottarakkara and Ettumanoor Temple in the order of preference. Though he was transferred to Malayalappuzha first, subsequently, that was cancelled and he was given a posting to Ettumanoor. But he could not join duty at WP(C) NOS. 31326/08 & 18438/09 5 Ettumanoor Temple in view of the order passed in W.P.(C) 18438/2009. Subsequently, orders were passed by the Travancore Devaswom Board in implementation of the said order and thus he is now continuing in Aluva as Assistant Audit Officer. According to him, if he is indefinitely asked to continue in the present station that will be causing hardship to him and he sought to vacate the order so as to enable him to join duty at Ettumanoor. 5. We have heard the Advocate Commissioner as also the learned Standing Counsel for the Devaswom and Advocate Sri. Krishna Moorthy appearing on behalf of the petitioner in W.P.(C) 31326/2008 as also Sri. Sahasranaman, learned counsel appearing on behalf of the additional 6th respondent. As far as W.P.(C) 18438/2009 is concerned, it has now become infructuous since the petitioner therein Sri. Reghu Kumar has retired from service and he continued at Ettumanoor on the basis of the interim order passed in the said Writ petition. Therefore, W.P.(C)18438/2009 is closed as infructuous. 6. Coming to W.P.(C) 31326/2008, in view of the arrangement already made appointing an Advocate Commissioner and a committee is effectively assisting the Commissioner in the matter of Dhwaja Punaprathtishta, the said arrangement will continue and no further relief need be granted. Therefore, W.P.(C) 31326/2008 as of now has become WP(C) NOS. 31326/08 & 18438/09 6 infructous. 7. However, we have already passed an order on 26.8.2009 to bring back Sri. Rajan to Ettumanoor Temple so as to enable him to continue to render assistance to the Commissioner till the Dhwaja Punaprathishta ceremoney is over, the Board has implemented the said order by its order dated 19.9.2009. Incidentally, it may be pointed out that after we passed the earlier order, a review petition was filed by the Devaswom Commissioner as R.P. 853/2009 which was dismissed by this Court since it was after hearing all the parties that we had passed the order and no new grounds were urged calling for a review at the instance of the review petitioner. In the light of the submission made by the counsel on behalf of Anil Kumar and the counter affidavit, we adjourned the matter to see whether a possible solution could be found out by the administration themselves in this regard. Accordingbly, the Devaswom Commissioner has filed a statement making certain suggestions. It is prayed that Anil Kumar may be permitted to join duty at Ettumanoor and at the same time, Sri. Rajan now working in Sarkara Temple may be permitted to attend exclusively to co-ordinate the work relating to Dhwaja Punaprathishta on special duty retaining his lean at Sarkara Temple for the purpose of drawing salary etc. The earlier order passed by this Court on 26.8.2009 directing to bring back Rajan was only to WP(C) NOS. 31326/08 & 18438/09 7 see that somebody in the office of the Devaswom who had been associating himself with various arrangements in connection with the Dhwaja Punaprathishta may be permitted to continue to assist the Advocate Commissioner appointed by this Court, as desired by him as his service was found to be helpful to the Commissioner. At the same time, if the Administration is able to make alternate arrangements in whatever manner possible, we think that the order passed by us on 26.8.2009 shall not stand in the way. But whether both the Officers working in the same temple will be beneficial to the Administration in the matter of completing the Dhwaja Punaprathtishta or any one of them should continue is a matter which the Administration can consider and pass appropriate orders. The interim order passed by us on 26.8.2009 will stand modified enabling the Administration to pass appropriate orders so that this order will not stand in the way of any such arrangements being made. 8. Since we have ordered the Advocate Commissioner to continue till the Dhwaja Punaprathishta is over, it is open to the Devaswom Board to file interim report and to seek appropriate direction as and when found necessary by filing D.B.As. 9. Learned counsel Sri. Krishna Moorthy submitted that in view of the fact that the arrangement already made by this Court is to continue with WP(C) NOS. 31326/08 & 18438/09 8 the Advocate Commissioner co-ordinating the matter with the committee constituted, he is prepared to continue to pay the remuneration payable to the Advocate Commissioner as and when ordered. That arrangement will continue since the petitioner has already been included in the committee. The above writ petitions are disposed of as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, (JUDGE)