IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26816 of 2011(B) -------------------------- PETITIONER(S): --------------- C.NARAYANAN NAMBOOTHIRI,MELSHANTHI, KARIVELLUR SHIVA SKHETRAM,KARIVELLUR P.O, 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 - 695001. 2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE - 679562. 3. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THIRUVANGAD,THALASSERY 670 101. 4. EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O, KANNUR 670 011. 5. TRUESTEE, CHIRAKKAL KOVILAKOM DEWASOM, CHIRAKKAL P.O, KANNUR 670 011. 6. M.N.GOVINDAN NAMBOOTHIRI, SANTHY,SHIVESWARAM SHIVA TEMPLE, CHIRAKKAL P.O, KANNUR 670 011. BY GOVT. PLEADER SRI.R.RENJITH ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26816 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. COPY OF THE ORDER 29.5.1972 ISSUED BY THE DEPUTY COMMISSIONER IN O.A NO. 8/71. EXHIBIT P2. COPY OF THE ORDER DATED 18.12.1981 IN O.S NO. 219/1978. EXHIBIT P3. COPY OF THE LETTER DATED 23.11.2000 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4. COPY OF THE ORDER DATED 19.9.2002. EXHIBIT P5. COPY OF THE ORDER DATED 6.6.2008 TRANSFERRING AND PROMOTING THE WRIT PETITIONER. EXHIBIT P6. COPY OF THE PROCEEDINGS DATED 30.5.2011 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7. COPY OF THE PROCEEDINGS DATED 4.6.2011 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P8. COPY OF THE APPEAL NO.3/2011 DATED 13.6.2011. EXHIBIT P9. COPY OF THE ORDER DATED 13.6.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P10. COPY OF THE ORDER DATED 25.6.2011 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P11. COPY OF THE APPEAL DATED 2.7.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P11(a). COPY OF THE AD CARD SIGNED BY THE 2ND RESPONDENT. EXHIBIT P11(b). COPY OF THE AD CARD SIGNED BY THE 3RD RESPONDENT. EXHIBIT P12. COPY OF THE APPEAL DATED 20.08.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P12(a). COPY OF the AD CARD SIGNED BY THE 2ND RESPONDENT. EXHIBIT P13. COPY OF JUDGMENT – WP (C)NO.8678/06. EXHIBIT P14. COPY OF JUDGMENT – W.A 1220/06. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab K. SURENDRA MOHAN, J. ----------------------------------- W.P(c)No. 26816 of 2011 --------------------------------- Dated this the 12th day of October, 2011 JUDGMENT The petitioner who is working as the Melshanthi at Karivellur Shiva Skhetram, a B grade temple under the Chirakkal Kovilakam Devaswoms which comes under the Malabar Devaswom Board, has challenged his transfer to Sree Shiveshwaram Shiva Temple. According to the petitioner, he took charge at the Sree Shiveshwaram Shiva Temple as Melshanthi on 04.06.2011. Meanwhile, the third respondent who had been transferred from the said temple filed an appeal without making the petitioner a party and obtained an order of stay of his transfer. Thereupon, the 4th respondent issued Ext.P10 order re- transferring the petitioner to Karivellur Shiva Temple. The petitioner being aggrieved by the action of the 4th respondent has filed Exts.P11 and P12 appeals before the second respondent under Section 43(3) of the Hindu Religious and Charitable Endowments Act. He complains that no orders have been passed in these appeals so far. W.P(c)No. 26816 of 2011 2 2. Advocate Sri. K. Mohanakannan, the Standing Counsel for Malabar Devaswom Board submits that the appeal would be considered in accordance with law and orders passed without delay. 3. In view of the above, the Writ Petition is disposed of directing the second respondent to consider the appeal filed by the petitioner evidenced herein by Exts.P11 and P12 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. sd/- K. SURENDRA MOHAN, JUDGE /True copy/ P.A.to judge ln