IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 19124 of 2004(B) -------------------------- PETITIONER: --------------- KUPPATHODE RAJASEKHARAN NAIR, TRUSTEE, SREE PULPALLY DEVASWOM, PULPALLY, WAYANAD. BY ADV. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR SRI.UNNITHAN VIJAYAN RAGHAVAN PILLAI RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM. 3. P.T.RAVEENDRAN, DEVI NIVAS, P.O.PULPALLY, WAYANAD. GOVERNMENT PLEADER SRI.RAJEEV V.KURUP SRI.NIDHI BALACHANDRAN FOR R3 SRI.R.SREERAJ FOR R3 SRI.S.D.ASOKAN FOR R3 SRI.ANIL R. NAIR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORIGINAL SCHEME FRAMED IN OA221/94 DT.1.2.1945. P2: TRUE COPY OF ORDER IN O.A.12/76 OF THE DY. COMMISSIOENR FOR H.R.&C.E.(ADMN.) DEPARTMENT, CALICUT. P3: TRUE COPY OF COMMON ORDER IN A.P. NOS.16/79, AND 7/80 DT.18.3.82. P4: TRUE COPY OF ENQUIRY REPORT DT.13.12.96. P5: TRUE COPY OF TERMINATION ORDER DT.25.3.97. P6: TRUE COPY OF APPEAL MEMORANDUM IN A.P. NO.4/97 BEFORE THE DY. COMMISSIONER, H.R.&C.E. KOZHIKODU. P7: TRUE COPY OF ORDER DT.13.9.99 OF THE DEPUTY COMMISSIONER, H.R.&C.E., KOZHIKODU. P8: TRUE COPY OF REVISION MEMORANDUM IN R.P. 9/99 BEFORE THE COMMISSIONER, H.R.&C.E., KOZHIKODU. P9: TRUE COPY OF ORDER DT.19.11.1999 OF THE COMMISSIONER, H.R.&C.E., KOZHIKODU IN R.P. NO.9/99. P10: TRUE COPY OF JUDGMENT IN O.P. 15345/00 OF THIS HON'BLE COURT DT.17.11.2003. P11: TRUE COPY OF ORDER DT.25.5.04 OF THE GOVERNMENT OF KERALA. TRUE COPY PA TO JUDGE C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. P. C. No. 19124 OF 2004 -------------------------------------------- Dated this the 29th day of January, 2010 JUDGMENT Ramachandran Nair, J. W.P.C. is filed challenging the order issued by the Government setting aside the order of the Commissioner, HR & C.E. and remanding the matter to the Deputy Commissioner for considering the appeal filed by the third respondent against his order of dismissal for irregularities found against him, while working as temple employee. The contention of counsel for the appellant is that the third respondent was involved in major irregularities including demolition and sale of a building belonging to the Devaswom. It is stated that in respect of the very same matter, the third respondent has suffered a decree from a civil court. It is not known whether the decree has become final. The third respondent is out of service for the last 20 years and probably he would have been superannuated, had he continued in service. Therefore we do not know what is the ultimate purpose if the appeal is decided by the Deputy Commissioner. Even though petitioner has raised a contention that the Government has no right to entertain a second revision, we do not think we should consider this question because Government 2 considered the matter pursuant to direction issued by this Court wherein maintainability of second revision was neither raised nor considered by this Court. Since it is only a remand order, there is no need for us to interfere in the matter. However, there will be direction to the Deputy Commissioner to hear the petitioner also while considering the appeal filed by the third respondent pursuant to Government order. It will be open to the petitioner to bring to notice of the appellate authority the irregularities that justified action against the third respondent. Interim orders issued by this Court will continue until the Deputy Commissioner issues orders on the appeal. Since Malabar Devaswom Board is constituted and if the Deputy Commissioner ceases to be the appellate authority, then the corresponding authority to entertain appeal against disciplinary proceedings under Malabar Devaswom Board Act will hear the matter. W.P. C. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk