IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 31471 of 2009(D) -------------------------- PETITIONER(S): ------------------- T.K.PADMANABHAN, VAZHIPADU CLERK, KALARIVATHUKKAL SREEBHAGHAVATHI SKETHRAM, KALARIVATHUKKAL, KANNUR DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM. 2. MALABAR DEVASWOM BOARD, KOZHIKODE, REPRESENTED BY ITS COMMISSIONER. 3. THE TRUSTEE, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR. 4. EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR. 5. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THALASSERY. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R2 & 5 GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, ALONG WITH WPC NO.35975/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 31471 & 35975 OF 2009 =========================== Dated this the 17th day of December, 2009 J U D G M E N T The petitioners are Vazhipad Clerks under the Chirakkal Kovilakom Devaswom. They claim entitlement to be promoted to the post of Manager. It is stated that despite their eligibility and the previous practice of promoting Vazhipadu Clerks to the post of Manager, it is now proposed to fill up the post by recruitment from outside. A decision to that effect has been taken by the 2nd respondent, which is produced as Ext.P4 in these writ petitions. 2. If the petitioners are aggrieved by such a decision, the remedy of the petitioners is to move the Commissioner by filing a revision under Section 18 of the Madras Hindu Religious and Charitable Endowments Act, 1951. 3. Since such a statutory remedy is available to the petitioners, I dispose of these writ petitions directing that it will be open to the petitioners to file revision as directed above. It is also directed that if revision is filed within 2 weeks from today, the same will be entertained by the Commissioner with notice to the affected parties and the same shall be disposed of as WPC 31471 & 35975/09 :2 : expeditiously as possible, at any rate within two months thereafter. It is further directed that if any appointment to the post of Manager is made in the meanwhile, the same will be provisional and subject to the outcome of the decision to be taken by the Commissioner to the revision to be filed by the petitioners. Petitioners shall produce a copy of this judgment before the Commissioner for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp