IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 22582 of 2008(L) -------------------------- PETITIONER: ------------ K.S.SANKARAN NAMBOOTHIRI, MELSANTHI, ARANMULA DEVASWOM, ARANMULA GROUP, TRAVANCORE DEVASWOM BOARD. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ------------- 1. THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, DEASWOM BOARD BUILDING, NANDANCODE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULAM GROUP 4. P.KESAVAN NAMBOOTHIRI, SANTHI, MURINGAMANGALAM DEVASWOM, ARANMULA GROUP, TRAVANCORE DEVASWOM BOARD.. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No. 22582 of 2008 -------------------------- Dated this the 19th August, 2008 J U D G M E N T The petitioner is the Melsanthi of Aranmula Parthasarathi Temple. He is due to retire from service on 09.11.2009. He was transferred to Budhanur Devaswom and in his place, the fourth respondent was posted as Melsatnhi at Aranmula Parthasarathi Temple. The petitioner challenged the order of transfer in W.P. (C) No 17123 of 2008. By Exhibit P1 judgment delivered on 12.6.2008, this Court disposed of the said writ petition with a direction to the Commissioner to consider and pass orders on the representation submitted by the petitioner. It was also directed that till orders are passed in the matter, the petitioner shall be retained at Aranmula Devaswom. Thereafter, orders were passed confirming the petitioner’s transfer and he was relieved from Aranmula Temple. The fourth respondent took charge as Melsanthi thereupon. On the appeal filed by the W.P ( C) No. 22582 of 2008 2 petitioner, the order of transfer was cancelled and the petitioner was re-posted as Melsanthi in Aranmula Parthasarathi Temple. The petitioner thereupon re-joined duty as Melsanthi of Aranmulam Parthasarathi Temple on 13.6.2008. The fourth respondent challenged Exhibit P3 in W.P (C) No.19650 of 2008. By Exhibit P4 judgment delivered on 02.07.2008, this Court directed the Board to hear the appeal filed by the fourth respondent and pass orders thereon within one month from the date of receipt of a copy of this judgment. It was also directed that the postings of the petitioner and the fourth respondent already effected and currently prevailing shall be subject to the final decision to be taken by the Board. Though the appeal has not been heard and disposed of , Exhibit –P5 order was passed directing that the fourth respondent be accommodated in Aranmula Devaswom. The petitioner contends that in the light of the directions issued by this Court in Exhibit P4 judgment, pending disposal of the appeal filed by the fourth respondent from Exhibit P3, he is entitled to continue at Aranmula. W.P ( C) No. 22582 of 2008 3 2. I have heard Sri.P.N.Purushothama Kaimal, the learned counsel appearing for the petitioner and Sri.K.N.Venugopala Panicker, the learned standing counsel appearing for the first respondent Board. In the light of the directions issued by this Court in Exhibit P4 judgment to which the petitioner and the respondents herein are parties, the petitioner can be relived from Aranmula Temple only after orders are passed on the appeal filed by the fourth respondent from Exhibit P3 and subject to its outcome. This writ petition is disposed of with a direction that the transfer and posting of the petitioner and fourth respondent will depend upon the orders to be passed by the Board on the appeal filed by the fourth respondent from Exhibit P3. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No. 22582 of 2008 4 W.P ( C) No. 22582 of 2008 5