IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33819 of 2010(B) -------------------------------------- PETITIONERS: --------------------- 1. P.M.JANARDHANAN, S/O. ACHUTHAN, AGED 65 YEARS, RETIRED CASHIER, PARASSINI MADAPPURA SREE MUTHAPPAN TEMPLE, PARASSINIKKADAVU P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 2. P.P.MADHAVAN, S/O. ANANDAN, AGED 66 YEARS, RETIRED ASSISTANT FOOD SUPERINTENDENT, PARASSINI MADAPPURA SREE MUTHAPPAN TEMPLE, PARASSINIKKADAVU P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 3. M.P.SUGUNAN, S/O. KUNHAPPA, AGED 67 YEARS, RETIRED RECEPTIONIST, PARASSINI MADAPPURA SREE MUTHAPPAN TEMPLE, PARASSINIKKADAVU P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH. RESPONDENTS: ------------------------ 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE – 673 016. 2. P.M.MUKUNDAN MADAYAN, TRUSTEE AND GENERAL MANAGER, PARASSINI MADAPPURA SREE MUTHAPPAN TEMPLE, PARASSINIKKADAVU P.O., TALIPARAMBA TALUK, KANNUR DISTRICT – 670 563. 3. THE SECRETARY, MALABAR TEMPLE EMPLOYEES WELFARE FUND BOARD, MALABAR DEVASWOM BOARD, KOZHIKODE – 673 016. R1 BY ADV. SRI.K.MOHANAKANNAN,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33819 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2010 J U D G M E N T The petitioners are retired employees of Parassini Madappura Sree Muthappan Temple, Kannur. They are members of the Malabar Devaswom Employees Welfare Fund. After retirement, the petitioners have been requesting for disbursing pension and gratuity due to them as members of the Malabar Devaswom Employees Welfare Fund. The same is not being paid by the respondents is the grievance of the petitioners in this writ petition. The petitioners therefore seek the following reliefs: “a) That this Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ or direction under Article 226 of the Constitution of India to the respondents No.1 and 3 to pay pension and gratuity to the petitioners forthwith.” The learned standing counsel appearing for the Malabar Devaswom Board submits that, large amounts are due towards contribution towards the Fund from the trustee of the Devaswom, without receiving which, the Board is not W.P.(C)No.33819 of 2010 -2- in a position to disburse retirement benefits due to the petitioners. He further submits that, the trustee has filed W.P.(C) No.31790/2008, in which this court had passed an interim order against recovery of the contribution amounts due from the trustee. However he admits that, on 11.11.2010, the order was modified by the Division Bench directing the trustee to deposit 50% of the amounts due towards contributions and therefore the retirement benefits due to the petitioners can now be disbursed. Accordingly, this writ petition is disposed of with a direction to the respondents 1 & 3 to disburse the retirement benefits due to the petitioners as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/