IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 34619 of 2008(U) ------------------------------------- PETITIONER(S): ---------------------- PARAMESWARANA NAMBOOTHIRI, MELSHANTHI, PALLIPARAMPUKAVU, RESIDING AT PALOOR MANA, PARAKADAVU.P.O, ERNAKULAM. BY ADV. MR.S.KRISHNAMOORTHY RESPONDENT(S): ------------------------- 1. COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, DEVASWOM BUILDING, THRISSUR. 2. DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, DEVASWOM BUILDING, THRISSUR. 3. ASSISTANT COMMISSIONER, TRIPUNITHURA DEVASWOM, TRIPUNITHURA. 4. DEVASWOM OFFICER, TRIPUNITHURA DEVASWOM, TRIPUNITHURA. 5. LEKSHMINARAYANAN, MELSANTHI, VALAYMPADY, PUTHENCRUZ, ERNAKULAM. BY ADVS. MR.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 TO 4 SMT.K.S.SAIRA FOR R5 MR.A.ANILKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34619/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.4.440/06 DT. 7.2.08 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE ORDER DT. 13.2.2008 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE JUDGMENT IN WPC. NO.4927/08 DT. 15.2.2008 OF THIS HONOURABLE COURT. P4:- COPY OF THE JUDGMENT DT. 13.10.2000 IN WA. NO.2537/99 OF THIS HONOURABLE COURT. R5(a):- COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DT. NIL. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 34619 of 2008 --------------------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioner while working as Melsanthi at Thiruvanchikulam Mahadeva Temple was given a posting in Kannamkulangara Siva Temple as per Ext.P1 order. There was some difficulty for joining there because of administrative delay and he approached this Court by filing W.P.(C) No.4927 of 2008. While so, by Ext.P2 order he was given a posting at Palliparampukavu Devi Temple. Petitioner thereafter joined duty as Melsanti at Palliparampukavu Devi Temple on 19.2.2008. This writ petition is filed challenging his transfer from the said Temple. Pending this writ petition, this Court by interim order dated 25.11.2008 directing respondents 1 to 4 to retain the petitioner at Palliparampukavu Devi Temple. 2. The order of transfer is produced as Ext.R5(a). The 5th respondent who was working in Kannamkulangara Siva Temple was posted instead of the petitioner to the Palliparampukavu Devi Temple where the petitioner is working. 3. When the matter came up for hearing on 4.3.2009, the learned standing counsel for the Devaswom Board submitted that the 5th respondent will be given a suitable posting. Accordingly there was a direction to the Board to pass appropriate orders within a period of ten days. Thereafter, orders have been passed on 23.3.2009 wpc: 34619 of 2008,21162 2 giving a posting to the 5th respondent to the Kannamkulangara Siva Temple. Ext.R5(a) therefore, does not survive. 4. It is reported by the learned standing counsel for the Devaswom Board and the learned counsel appearing for the 5th respondent that the 5th respondent has already joined there. 5. In that view of the matter as the 5th respondent has already been posted in a different temple, the petitioner will not have any subsisting grievance. Hence, he will be retained in Pallipparambukavu Devi Temple. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps