IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 9167 of 2008(N) ------------------------- PETITIONER: ------------ K.T.VIJAYAKUMAR, S/O.P.K.C.NAMBIAR, AGED 50 YEARS, ADATHIL HOUSE, PERITHALERI, CHENGALAYI, TALIPARAMBA, KANNUR DIST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: 1 -------------- 1. THE COMMISSIONER HR & CE, DEPARTMENT, KOZHIKODE. 2. ]THE DEPUTY COMMISSIONER, HR & CE [ADMINISTRATION], DEPARTMENT, KOZHIKODE. 3. THE EXECUTIVE OFFICER, SREE MAMANIKUNNU MAHADEVI TEMPLE, IRIKKUR, KANNUR DISTRICT. 4. SRI. K. SURENDRAN, EXECUTIVE OFFICER, SREE MAMANIKUNNU MAHADEVI TEMPLE, IRIKKUR, KANNUR DISTRICT: RESPONDENTS. 5. THE TRUSTEE SREE MAMANIKUNNU MAHADEVI TEMPLE, IRIKKUR, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).9167/2008 -------------------- Dated this the 18th day of June, 2008 JUDGMENT Petitioner is a member of the Kalyat Tharawad. Sree Mamanikunnu Mahadevi Temple at Irikkur, is governed by the provisions of H.R & C.E Act. The second respondent, Deputy Commissioner, has formulated a scheme for the management of the said Temple under Section 58(1) of the Act and as per the scheme, Ext.P1, the senior male member of the Kalyat Thazhathuveedu Family is the Hereditary Trustee. The service conditions of the Executive Officer of the Temple is provided under the Scheme and inter alia it contemplates the age of retirement of Executive Officer as 60 years. The fourth respondent, who was appointed as Executive Officer, was originally retired from service in November, 2002. But he was later appointed on 4.12.2006. It seems that he attained the age of 60 on 8.11.2007. But, nevertheless he is permitted to continue. Petitioner has approached this Court for a direction to the Commissioner and the Deputy Commissioner to take appropriate action to terminate the W.P.(C).9167/2008 2 services of the fourth respondent on the premise that he has crossed the age of 60. 2. The fourth respondent has been served with notice on this writ petition. But there is no appearance. 3. I heard learned counsel for the petitioner and the learned Government Pleader. 4. Petitioner has moved the Commissioner vide Ext.P4 representation dated 22.3.2008. In my view, Commissioner ought to look into Ext.P4 and take appropriate action thereon. 5. In the result, writ petition is disposed of directing the first respondent to consider Ext.P4 in the light of the provisions contained in the scheme and the Rules framed under the H.R & C.E Act and take appropriate action thereon, within a period of one month from the date of receipt of a copy of this judgment. W.P.(C).9167/2008 3 6. Petitioner shall produce a copy of the writ petition also along with the copy of the judgment before the first respondent. V.GIRI, Judge mrcs