IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 16911 of 2009(H) ------------------------- PETITIONER(S): ----------------------- 1. K.C.KESAVAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR, AGED 50 YEARS, SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KOYIPRA, P.O.VELLORA, VIA.M.M.BAZAR, KANNUR DISTRICT. 2. P.V.NANU, S/O.KRISHNAN, AGED 53 YEARS, SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KEEZHATTOOR MEETHALE BHAGOM, TALIPARAMBA P.O., KANNUR DISTRICT. 3. M.MOHANAN, S/O.KUNHAPPA KURUP, AGED 57 YEARS, WORKING AS SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT MANGALATTU HOUSE, KARYAMBALAM, TALIPARAMBA P.O., KANNUR DISTRICT. 4. T.V.NARAYANA VARIER, S/O.NARAYANA VARIER AGED 53 YEARS, WORKING AS KOYMA, RAJARAJESWARA TEMPLE, RESIDING AT THERTHALA VARIER KIZHAKKENAKAM, TALIPARAMBA P.O., KANNUR DISTRICT. 5. E.ASHOKAN, S/O.P.KRISHNAN, AGED 35 YEARS, GUEST HOUSE ATTENDANT, RESIDING AT EDACHERIYAN HOUSE, KOOTHATTU, PATTUVAM P.O., TALIPARAMBA, KANNUR DISTRICT. 6. SHAILAJA SREEDHAR, W/O.JANARDHANAN, AGED 43 YEARS, WORKING AS GUEST HOUSE ATTENDANT, RESIDING AT KOYYAM P.O., TALIPARAMBA, KANNUR DISTRICT. 7. V.P.JAYASREE, D/O.V.P.KUNHAMBU, AGED 47 YEARS, WORKING AS GUEST HOUSE SWEEPER, RESIDING AT MAZHOOR, (PO) PANNIYOOR, (VIA) KARIMBAM, KANNUR DISTRICT. ...2/- WP(C).No. 16911 of 2009(H) -2- 8. A.V.KAMALAKSHY, D/O.DEVAKY PILLAYARAMMA, AGED 42 YEARS, WORKING AS SWEEPER, RAJRAJESWARA TEMPLE, RESIDING AT MANGALASSERY, ARIYIL P.O., PATTUVAM, TALIPARAMBA, KANNUR DISTRICT. 9. C.NARAYANAN, S/O.K.KUNHIRAMAN, AGED 42 YEARS, WORKING AS KAYYAM VAZHIPADU CLERK CUM SECURITY STAFF, RESIDING AT CHERUVODAN HOUSE, KAYYAM, ARIYIL P.O., PATTUVAM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): ------------------------- 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, (FORMERLY HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MANAGING COMMITTEE, SREE T.T.K. DEVASWOM, REPRESENTED BY THE PRESIDENT, SREE T.T.K. DEVASWOM, TALIPARAMBA, KANNUR DISTRICT. 4. SREE T.T.K. DEVASWOM, TALIPARAMBA REPRESENTED BY THE EXECUTIVE OFFICER, SREE T.T.K. DEVASWOM, TALIPARAMBA, KANNUR DISTRICT. *ADDITIONAL RESPONDENTS 5 TO 11 IMPLEADED 5. A.V. NAVEEN, S/O. NARAYAN P., 26 YEARS, ANDRA VEEDU, TRICHAMBARAM, THALIPARAMBA. 6. A.V. RAJITH, S/O. VELAYUDHAN, 26 YEARS, VAYAL VEEDU, TRICHAMBARAM, THALIPARAMBA. 7. SIJITH KUMAR, S/O. AYYAPPAN PILLAI, AGED YEARS, PUZHAKULANGARA, THALIPARAMBA. *IMPLEADED AS PER ORDER DATED 13/7/2009 IN I.A. NO. 8397/2009. ...3/- WP(C).No. 16911 of 2009(H) -3- 8. DHANESH M., AGED 22 YEARS, SON OF E.V. GOVINDAN, EDOTH VEEDU, THRICHAMBARAM, KANNUR DISTRICT. *IMPLEADED AS PER ORDER DATED 13/7/2009 IN I.A. NO. 8431/2009. 9. ANOOP P., SON OF CHANDRAN, PANIMADATHIL HOUSE, THRICHAMBARAM, KANNUR. 10. RAGESH K., SON OF RAJAN, HARINANDANAM, THRICHAMBARAM, KANNUR. 11. AJITHA M.V., WIFE OF NATARAJAN, MUNDAYADU HOUSE, NJATTUVAYAL, THALIPARAMBU, KANNUR. *IMPLEADED AS PER ORDER DATED 13/7/2009 IN I.A. NO. 8594/2009. R1 BY ADV. SMT.R.RANJINI R2 BY GOVT. PLEADER SRI. A.J. VARGHESE R3 & R4 BY ADVS. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR R5 TO R7 BY ADV. SRI.K.MOHANAKANNAN R8 TO R11 BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH BY ADV. SRI. O.V.MANIPRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, ALONG WITH WPC NO. 20722 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...4/- WP(C).No. 16911 of 2009(H) -4- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SCHEME SETTLED IN O.P.NO. 60 OF 1987 OF SUB COURT, PAYYANNUR. EXT.P2 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 1ST PETITIONER. EXT.P3 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 2ND PETITIONER. EXT.P4 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 3RD PETITIONER. EXT.P5 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 4TH PETITIONER. EXT.P6 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 5TH PETITIONER. EXT.P7 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 6TH PETITIONER. EXT.P8 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 7TH PETITIONER. EXT.P9 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 8TH PETITIONER. EXT.P10 : COPY OF THE ORDER OF APPOINTMENT DATED 31-10-2007, ISSUED BY THE THIRD RESPONDENT TO 9TH PETITIONER. EXT.P11 : COPY OF THE LETTER DATED 19-11-2007 ISSUED BY THE FOURTH RESPONDENT TO THE FIRST RESPONDENT. EXT.P12 : COPY OF THE LETTER DATED 19-11-2007 ISSUED BY THE FOURTH RESPONDENT TO THE FIRST RESPONDENT. EXT.P13 : COPY OF THE REPORT OF THE ASSISTANT COMMISSIONER, NEELESHWARAM AND DATED 16.3.2006. EXT.P14 : COPY OF THE 'DITTOM', DECISION OF THE MANAGING COMMITTEE AND FORWARDING LETTER. ...5/- WP(C).No. 16911 of 2009(H) -5- EXT.P15 : COPY OF THE ORDER DATED 30-4-2008 ISSUED BY THE FIRST RESPONDENT. EXT.P16 : COPY OF THE JUDGEMENT IN WP(C) 20256 OF 2008 DATED 7-7-2008. EXT.P17 : COPY OF THE REVISION PETITION FILED BY THE PETITIONERS AND OTHERS BEFORE THE SECOND RESPONDENT AND NUMBERED AS 44102/DEV-7/08/Ri DT. 23-7-2008. EXT.P18 : COPY OF THE JUDGEMENT DATED 24-10-2008 IN WP(C) NO. 31212 OF 2008. EXT.P19 : COPY OF THE DISMISSAL ORDER DATED 25-10-2008 ISSUED BY THE 4TH RESPONDENT AND SERVED ON THE FIRST PETITIONER. EXT.P20 : COPY OF THE INTERIM ORDER DATED 13-11-2008 IN WP(C) NO. 33510 OF 2008. EXT.P21 : COPY OF THE ORDER DATED 3-6-2009 BEARING NUMBER GO (RT) NO. 1656/2009 RD ISSUED BY SECOND RESPONDENT. EXT.P22 : COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER OF KAYYAM NAGAM EMPLOYEES. RESPONDENT'S EXHIBITS & ANNEXURES: EXT.R3(A) : COPY OF THE MANAGING COMMITTEE'S RESOLUTION DATED 16/6/2009. EXT.R3(B) : COPY OF THE TERMINATION NOTICE DATED 17/6/2009. EXT.R3(C) : COPY OF THE WRITTEN DEVASWOM ARTICLES, DATED 18/6/2009. EXT.R3(D) : COPY OF THE LETTER DATED 17/6/2009. EXT.R3(E) : COPY OF THE LETTER DATED 18/6/2009 TO SANTHI. EXT.R3(F) : COPY OF THE LETTER DATED 18/6/2009 TO HEAD CLERK. ANNEXURE - I : COPY OF THE MASTER ROLL IN RESPECT OF THE 1ST PETITIONER DATED 30-6-2009. ...6/- WP(C).No. 16911 of 2009(H) -6- ANNEXURE - II : COPY OF THE MASTER ROLL IN RESPECT OF THE SECOND PETITIONER DATED NIL. ANNEXURE - III : COPY OF THE MASTER ROLL IN RESPECT OF THE THIRD PETITIONER DATED NIL. //TRUE COPY// P.S. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 16911 & 20722 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2010 J U D G M E N T These two writ petitions are filed by temporary employees of the TTK Devaswom Taliparamba, Kannur District. They are aggrieved by the refusal to regularise their service. The petitioners in W.P. (C) No.20722/2009 has produced Ext.P17 communication from the Commissioner of the Malabar Devaswom Board to the Executive Officer of the Devaswom intimating the Devaswom that, if the writ petition filed by the employees before this court is withdrawn, Devaswom may take appropriate steps to regularise the service of the petitioners. The Devaswom has taken further steps in tune with Ext.P17 by Exts.P18, P19 & P20. Therefore the petitioners in the two writ petitions submit that these writ petitions may be closed recording Exts.P17 to P20. Accordingly these writ petitions are closed recording Exts.P17 to P20. S. SIRI JAGAN JUDGE shg/