IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26896 of 2008(B) -------------------------- PETITIONER(S): --------------- C.PEETHAMBARAN, S/O.P.V.RAYARAPPAN NAMBIAR, AGED 57 YEARS, RETIRED VILLAGE MAN, NADAL, P.O.EDAKKAD, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH SRI.K.R.AVINASH (KUNNATH) SRI.V.G.SALEESH RESPONDENT(S): --------------- 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT (ADMN)DEPARTMENT, CIVIL STATION, CALICUT. 2. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE DEPARTMENT, THALASSERY. 3. THE CHAIRMAN, SREE OORPAZHASSIKKAVU DEVASWOM, P.O.EDAKKAD, KANNUR DISTRICT. 4. R.MADHAVAN, EXECUTIVE OFFICER, OORPAZHASSIKKAVU DEVASWOM, P.O.EDAKKAD, KANNUR DISTRICT. ADV. SRI.GOVIND.K.BHARATHAN (SR) GOVERNMENT PLEADER ANU SIVARAMAN SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26896/2008 -------------------- Dated this the 25th day of September, 2009 JUDGMENT Petitioner and the 4th respondent aspire for the post of Executive Officer in the Oorpazhassikkavu Devaswom. Petitioner had sent a complaint against the selection of the 4th respondent to the 2nd respondent. While so, the 4th respondent was suspended and he challenged the order of suspension before this Court. This Court by Ext.P7 judgment, directed the 1st respondent therein namely the Commissioner of Hindu Religious and Charitable Endowments Department, to consider the request made by the petitioner therein for revocation of his suspension. By Ext.P8 order, the Commissioner directed that the suspension be revoked. But at the same time, the appointment of the 4th respondent is also directed to be approved. This has been challenged in the writ petition. 2. A counter affidavit has been filed on behalf of the 1st respondent, the Commissioner. One of the contentions taken up is Ext.P8 order is revisable by the Government under Section 99 of the HR & CE Act. W.P.(C).26896/08 2 3. I heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for the Malabar Devaswom. 4. Learned counsel for the petitioner submits that the direction issued by this Court in Ext.P7 was only to consider the request made by the 4th respondent for revocation of suspension. The Commissioner had travelled away beyond the scope of the application by proceeding to approve the appointment of the 4th respondent. This is ignoring the complaint filed by the petitioner challenging the selection of the 4th respondent. The net result is that the petitioner has been deprived of an opportunity to impugn the selection of the 4th respondent. 5. It is true that the Commissioner has proceeded not only to revoke the suspension but also pass an order approving the appointment of the 4th respondent. But the petitioner has a remedy before the Government, against Ext.P8, under Section 99 of the Act. Though learned counsel for the petitioner expresses a doubt as to whether the said W.P.(C).26896/08 3 power can be exercised on an application, I do not think there is any reason to be apprehensive. The power can be exercised on application also. Learned Government Pleader and learned counsel for the Devaswom Board also affirm this position. 6. Petitioner may file a revision against Ext.P8 within four weeks from today. If it is so done, Government shall proceed to entertain the revision on merits and dispose of the same considering the petitioner's contentions, as regards the correctness of the order passed by the Commissioner approving the appointment of the 4th respondent, on an application filed by the 4th respondent, for revocation of suspension. Such order shall be passed within three months from the date of receipt of revision, after hearing the petitioner, a representative of the Malabar Devaswom and the appointee, the 4th respondent also. Writ petition is disposed of as above. V.GIRI, Judge mrcs