IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 RP.No. 434 of 2011(J) ------------------------------ [AGAINST THE JUDGEMENT IN W.P.(C).NO.94/2010(J) DATED 01/03/2010 OF THIS HON'BLE COURT] .................... REVIEW PETITIONER/NOT PARTY TO THE WRIT PETITION: ------------------------------------------------------------------------------------ T.P. PRABHAKARAN, AGED 37, S/O. BALAN, THACHAMPARAMBATH HOUSE, ALLOOR, KANMANAM, THEKKUMURI (P.O), VIA. KALPANKANCHERY, TIRUR TALUK, MALAPURAM DISTRICT – 676 551. BY ADVS. SRI.THIYYANNOOR RAMAKRISHNAN, SRI.ARUN KUMAR.P, SMT.AMBIKA RADHAKRISHNAN. RESPONDENTS/PETITIONERS & RESPONDENTS IN THE WRIT PETITION: -------------------------------------------------------------------------------------------------------- 1. MURALEEDHARAN .N, CLERK, SREE VAIRAMKODE BHAVATHI DEVASWOM, P.O.VAIRAMKODE, MALAPPURAM - 676 301,RESIDING AT VALLATHOL, NAIRAMKODE, MALAPPURAM. 2. K.PADMAN, PEON, SREE VAIRAMKODE BHAVATHI DEVASWOM, P.O.VAIRAMKODE, MALAPPURAM- 676 301, RESIDING AT AMBADI, THEKKEN KOTTOOR, MALAPPURAM. 3. EXECUTIVE OFFICER, SREE VAIRAMKODE BHAVATHI DEVASWOM, P.O. VAIRAMKODE, MALAPPURAM – 676 301. 4. CHAIRMAN, SREE VAIRAMKODE BAGAVATHI DEVASOM, P.O. VAIRAMKODE, MALAPPURAM -676 301. R1 & R2 BY ADV. SMT. SHAHANA KARTHIKEYAN, R3 & R4 BY ADV. SRI. MOHAN.C. MENON. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.NO.434/2011: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE.1: COPY OF THE REPRESENTATION ADDRESSED TO ASST. COMMISSIONER, MALABAR DEVASWOM BOARD UNDER RIGHT TO INFORMATION ACT DTD. 07/01/2011. ANNEXURE.2: COPY OF THE REPLY BEARING NO. RTI-1/2011 OF THE OFFICE OF THE ASST. COMMISSIONER DTD 28/01/2011. ANNEXURE.3: COPY OF THE PROCEEDINGS BEARING NO.J-1/4526/2006 (K.DIS) BY THE COMMISSIONER, MALABAR DEVASWOM BOARD DTD. 28/04/2009. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- R.P.No.434 of 2011 in W.P.(C)No.94 of 2010 ---------------------------- Dated 29th June, 2011 ORDER The review petitioner is not a party to W.P.(C)No.94 of 2010. The petitioners in the writ petition claimed that they are working as Manager and Store Clerk respectively under the first respondent (3rd respondent herein) and the said writ petition was filed mainly seeking a direction to the first respondent to fix their wages in terms of Ext.P1 proceedings and to pay the arrears with effect from 1.5.2009 as also for such other reliefs. This Court disposed of the said writ petition as per judgment dated 1.3.2010 taking note of the statement filed by the first respondent more particularly the statement in paragraph 4 thereunder. In paragraph 4 thereunder it was stated that the complaints of the petitioners were considered by the Trustee Board on 9.12.2009 and a decision was taken as per decision No.6 to sanction payment of salary as per the scale attached to the concerned posts and the Executive Officer was directed to implement the same. It is taking note of the said statement that this Court disposed of the said writ petition with a direction to the respondents to take appropriate steps to implement the R.P.No.434/2011 2 decision referred to in paragraph 4 thereunder. The review petitioner is a devotee of Sree Vairomkode Bhagawathi Temple wherein the writ petitioners are working. According to him, the writ petitioners are not entitled to the salary attached to the post of Manager or Store Clerk as they were not validly appointed against such posts. According to him, Malabar Devaswom Board has not sanctioned the said posts. However, it is a fact that even after the lapse of more than an year since passing of the said judgment the Malabar Devaswom Board has not come up with any petition. I am of the considered view that the contentions raised by the petitioner in this review petition cannot be gone into as it would fall beyond the scope of the review power, of this Court. There is no error apparent on the face of the record warranting interference of this Court with the judgment dated 1.3.2010 in W.P.(C)No.94 of 2010. In case the review petitioner is having any such grievance with respect to the appointment of the writ petitioners he has to approach the competent authority viz., the Malabar Devaswom Board with appropriate petition raising all his grievances and calling for a consideration of the issue in accordance with law. However, that cannot be a reason to review the judgment dated 1.3.2010 in W.P.(C)No.94 of 2010 in the absence of any R.P.No.434/2011 3 error apparent on the face of the record. Subject to the above observation, this review petition is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS