IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 34364 of 2008(N) -------------------------------------- PETITIONER: ------------------- K.P.KRISHNAN NAMBOOTHIRI, MEL SANTHI, AYYANKOVU TEMPLE, CHIRANGARA DEVASWOM, KORATTY, THRISSUR DISTRICT (NOW UNDER ORDERS OF TRANSFER TO VATHIL MADAM TEMPLE AS MEL SANTHI, SANKARA MANGALAM DEVASWOM, MAPRANAM, IRINJALAKUDA, THRISSUR). BY ADV. SRI.N.HARIDAS, ADV. SRI.P.N.SASIDHARAN. RESPONDENTS: ----------------------- 1. COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. 3. NARAYANAN, MEL SANTHI, AYYANKOVU TEMPLE, CHIRANGARA DEVASWOM, KORATTY, THRISSUR DISTRICT. R1 & R2 BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34364/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 22/03/2006 SUBMITTED BY THE PETITIONER TO THE R.1. THROUGH THE ASSISTANT COMMISSIONER, THRIPPUNITHURA DEVASWOM. EXT.P.2: COPY OF THE LETTER DTD. 22/03/2006 OF THE DEVASWOM OFFICER, PERUMPILLY DEVASWOM, THIRUVAMKULAM FORWARDING EXT.P.1. TO THE R.2. EXT.P.3: COPY OF THE ORDER NO. M4.3295/05 DTD. 28/06/2006 ISSUED BY THE R.2. TO THE PETITIONER TRANSFERRING HIM TO SREEDHARA MANGALAM TEMPLE, CHALAKUDY FROM POOTHOTTA. EXT.P.4: COPY OF THE REPRESENTATION DTD. 09/04/08 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.5: COPY OF THE ORDER NO. M4.897/08 DTD. 10/04/2008 PASSED BY THE R.2. TRANSFERRING THE PETITIONER FROM POOTHOTTA TO KEEZHEDAM AYYANKOVU TEMPLE UNDER THE KUZHOOR DEVASWOM. EXT.P.6: COPY OF THE RELIEVING ORDER SIGNED BY THE JUNIOR DEVASWOM OFFICER, KUREEKKAD DEVASWOM ISSUED TO THE PETITIONER. EXT.P.7: COPY OF THE CERTIFICATE DTD. 18/11/08 ISSUED BY THE PRINCIPAL, G.M.H.S.S., CHALAKUDY TO THE PETITIONER'S DAUGHTER SARANYA K.K. EXT.P.8: COPY OF THE CERTIFICATE DTD. 18/11/2008 ISSUED BY THE LOUIS ANGLO INDIAN U.P.S., KADUKUTTY TO THE PETITIONER'S SON SAILESH K.K. EXT.P.9: COPY OF THE ORDER NO. M4.5674/08 DTD. 13/11/2008 ISSUED BY THE R.1. TO THE PETITIONER. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE COMPLAINT DTD. 12/08/2008. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34364 of 2008 ------------------------------- Dated this the 1st December, 2008. J U D G M E N T Heard Sri.N.Haridas, the learned counsel appearing for the petitioner and Sri.K.Gopalakrishna Kurup, the learned Standing Counsel appearing for the Cochin Devaswom Board. Though notice has been served on the third respondent by Special Messenger, he has not chosen to enter appearance. 2.The petitioner is a Santhi in the service of the Cochin Devaswom Board. He is a native of Chalakudy in Thrissur District. While he was serving in the Sree Krishna Swamy Temple at Poothotta, he applied for transfer to Sreedharamangalam Sree Krishna Swamy Temple, Chalakudy, adjacent to his Illam. In the said representation, he also prayed that if that request cannot be granted, he may not be transferred for a period of two years, so that his children can pursue their studies at Poothotta. Taking note of the petitioner's request, by Ext.P3 order passed on 28.6.2006, the Special Devaswom Commissioner, Thrissur, W.P.(C) No.34364 of 2008 2 transferred the petitioner to the Sreedharamangalam Sree Krishna Swamy Temple. Thereupon, the petitioner was relieved from Poothotta and he joined duty in the said temple. 3. However, within two weeks thereafter, the incumbent at Sreedharamangalam Sree Krishna Swamy Temple moved this Court and pursuant to the interim order passed in that writ petition, the petitioner was transferred back to Poothotta. Two years thereafter, by Ext.P5 order dated 10.4.2008, he was transferred from Poothotta to Ayyankavu Temple in the Chirangara Devaswom group of temples in Thrissur District. The petitioner states that as he has to look after his mother aged 94 years and as his children are studying at Chalakudy where he is presently residing, the transfer to Ayyankavu did not cause him any inconvenience. The petitioner's grievance is that within six months of joining duty at Ayyankavu Temple, by Ext.P9 order passed on 30.9.2008, he was transferred to Vathilmadam Temple and the third respondent appointed as W.P.(C) No.34364 of 2008 3 his substitute in Ayyankavu Temple. Ext.P9 is under challenge in this writ petition. 4. The learned counsel appearing for the petitioner contends that the mid-term transfer to Vathilmadam Temple within six months of his transfer to Ayyankavu Temple is arbitrary and that no reasons existed to transfer him from Ayyankavu Temple. The petitioner further submits that the Vathilmadam Temple is about 45 Kms. away from his place of residence and that he and his family members will be put to serious hardship, if the order of transfer is not set aside. 5. The Secretary of the Cochin Devaswom Board has filed a counter affidavit dated 30.11.2008. It is stated that in the Adalat conducted by the Cochin Devaswom Board at Thiruvanchikkulam, the samithy of Ayyankavu Temple submitted Ext.R1(a) complaint, and, therefore, the Board decided to transfer the petitioner from Ayyankavu Temple to Vathilmadom Temple. Ext.R1(a) states that the petitioner is hard of hearing and has very poor eye sight, and therefore, his service as Santhi W.P.(C) No.34364 of 2008 4 is not acceptable to the devotees. It is also stated that after the petitioner was posted as Santhi at Ayyankavu Temple, the number of devotees worshiping at the Temple has diminished, thereby affecting the income of the temple. The counter affidavit proceeds to state that the petitioner will be given a suitable posting after discussion with him. 6. From the materials on record, it is seen that in order to assuage the feelings of the devotees of the Ayyankavu Temple, the petitioner was transferred out. The Board however has no case that the petitioner is inefficient. The petitioner had served at Ayyankavu Temple only for about six months. The pleadings and the documents also disclose that the Board was always considerate towards the petitioner. It was evidently because of the pressure brought to bear on the Board by the devotees worshiping at Ayyankavu Temple that the petitioner was transferred out. The petitioner submits that he is willing to serve as Santhi in the Chirangara Sree Krishna Swamy Temple or in the Sreedharamangalam Sree Krishna Swamy Temple, W.P.(C) No.34364 of 2008 5 where he was initially posted as per Ext.P3. The petitioner also submits that Ext.P3 order of transfer was challenged by the Santhi of the Sreedharamangalam Sree Krishna Swamy Temple, on the ground that he has not completed the normal tenure of three years and now that the normal tenure of three years has expired, the Santhi in the Sreedharamangalam Sree Krishna Swamy Temple cannot possibly have any grievance, if he is transferred from there. In these circumstances, having regard to the facts set out in the writ petition and the submissions made at the Bar by the learned counsel on either side, I dispose of the writ petitioner with the following directions. The petitioner shall, within two weeks from today, file an appropriate representation before the Special Devaswom Commissioner. The Special Devaswom Commissioner shall within two weeks thereafter, sympathetically consider the petitioner's request for transfer and posting as Santhi either in the Chirangara Sree Krishna Swamy Temple or in the Sreedharamangalam Sree Krishna Swamy Temple. If the W.P.(C) No.34364 of 2008 6 petitioner cannot be accommodated in either of these two temples, the Special Devaswom Commissioner shall give a convenient posting to the petitioner at a Temple nearer to his residence. The Special Devaswom Commissioner shall while taking a decision in the matter, consider whether the Santhi's in the aforesaid temples have completed their normal tenure of three years. P.N.RAVINDRAN, JUDGE nj.