IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21322 of 2009(I) -------------------------------------- PETITIONER: ------------------- S.KRISHNAN NAMBOOTHIRI, S/O.N.SANKARAN NAMBOOTHIRI, MINOR ERAMELLIKKARA SANTHI, ERAMELLIKKARA (SREEVALLABHAM, MATHILBHAGOM, THIRUVALLA). BY ADV. MR.S.SUBHASH CHAND. RESPONDENTS: ------------------------ 1. TRAVANCORE DEVASWOM BOARD- CHIEF COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. DEVASWOM COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM. 3. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVALLA GROUP, THIRUVALLA. R1 TO R3 BY MR. P. GOPAL, S.C, T.D.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.21322 of 2009-I ------------------------------ Dated this the 29th day of July, 2009. J U D G M E N T Heard Sri.S.Subhash Chand, the learned counsel appearing for the petitioner and Sri.P.Gopal, learned standing counsel appearing for the Travancore Devaswom Board. The grievance voiced by the petitioner in this writ petition is that though this Court had by Ext.P5 interim order directed the Assistant Devaswom Commissioner to hear the petitioner and pass orders, he was not heard when Ext.P7 order, impugned in this writ petition was passed. The learned standing counsel appearing for the respondents submits on instructions that the petitioner was not heard before Ext.P7 order was passed, though the Assistant Devaswom Commissioner, before whom the petitioner had submitted the representation had informed him that his request cannot be acceded to. In my opinion the Assistant Devaswom Commissioner who passed the order ought to have heard the petitioner while considering his request in Ext.P6 representation. I accordingly quash Ext.P7 and direct the Assistant Devaswom Commissioner to re- consider the request made by the petitioner in Ext.P6 and pass orders thereon within two weeks from today, after affording the petitioner a reasonable opportunity of being heard. It will open to the petitioner to W.P(C) No.21322 of 2009-I 2 supplement Ext.P6 by filing a representation and the request made by the petitioner in the said representation shall also be considered while passing orders, as directed above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab