IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19650 of 2008(L) -------------------------- PETITIONER: ------------ SRI. KESAVAN NAMBOOTHIRI MELSANTHI, PARTHA SARADHI TEMPLE, ARANMULA GROUP, TRAVANCORE DEVASWOM BOARD RESIDING AT SOUPARNIKA, ARANMULA P.O. PATHANAMTHITTA DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------------ 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA DISTRICT. 4. SRI.K.S. SANKARAN NAMBOOTHIRI SANTHI, BUDANOOR DEVASWOM TRAVANCORE DEVASWOM BOARD RESIDING AT CHALIYOT MADOM, PANDANADU P.O. CHENGANNOOR. STANDING COUNSEL SRI.D.SREE KUMAR FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19650 of 2008 -------------------------- Dated this the 2nd July, 2008 J U D G M E N T I heard learned counsel for the petitioner Sri.Anchal C.Vijayan and learned counsel for the Board Sri.D.Sreekumar and Sri.Abdul Salam, learned counsel appearing for the 4th respondent. 2. Learned counsel for the petitioner submits that Exhibit P6 order is unsustainable because it has been passed without hearing the petitioner. It is not disputed that by Exhibit P6 order, the Board has taken a decision at variance from what has been decided by the Commission and therefore it was necessary that for the petitioner and affected persons should have been heard. I refrain from expressing any opinion on the merits of the case. In the result, Exhibit P6 is set aside and the Board is directed to pass a fresh order on the appeal filed by the 4th respondent against Exhibit P5 within a period of one month from the date of receipt of a copy of this judgment. W.P ( C) No. 19650 of 2008 2 Postings of the petitioner and 4th respondent already effected and currently prevailing shall be subject to the fresh decision to be taken by the Board in the manner aforementioned. Parties will not be entitled to claim any preferential right to be posted in the stations which are opted by them merely on the strength of postings already effected pursuant to Exhibit P6. Petitioner and 4th respondent shall be heard before a decision is taken by the Board. The writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 19650 of 2008 2 W.P ( C) No. 19650 of 2008 2