IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 16482 of 2007(K) -------------------------- PETITIONER: ------------ SREEDHARA ACHARYA, S/O PURUSHOTHAMA ACHARYA, ACHARYA MUTT, TEMPLE SQUARE, MANJESHWAR. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.LAKSHMY RESPONDENTS: ------------- 1. MANAGING TRUSTEE, SRIMATH ANANDESWARA TEMPLE, MANJESHWAR, KASARGODE. 2. DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWNMENTS (ADMINISTRATION DEPARTMENT), KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS KASARGODE AT KANHANGAD. BY ADV. SRI.KODOTH SREEDHARAN GOVT.PLEADER SRI.R.LAKSHMINARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008 ALONG WITH WPC NO. 18288 OF 2007 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.16482/07 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF ORDER PASSED BY THE SECOND RESPONDENT. EXT.P1(A) TRUE COPY OF THE APPELLATE ORDER PASSED BY THE COMMISSIONER HR & CE. EXT.P2 TRUE COPY OF THE MODIFIED ORDER PASSED BY R2. EXT.P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER'S COUNSEL. /True Copy/ PA to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- W.P(c)NOs.16482 & 18288 OF 2007 ------------------------------------ Dated this the 9th day of January, 2008 JUDGMENT Raman, J. W.P.(C)No.16482/07 is filed by Sreedhara Acharya. The grievance of the petitioner raised in the writ petition is that third respondent has not enforced the order dated 07/02/2007 made by the second respondent in true spirit and conduct so as to enable the petitioner to enjoy the fruits of Exts.P1 and P2. 2. Ext.P1 is an order passed by the Deputy Commissioner declaring that the petitioner who is doing puranavrithy in Srimath Anandeswara Temple, Manjeshwar is entitled to arrears of salary at the rate of 11 muras of rice for the last 12 years and the respondent was also directed to disburse the arrears. Ext. P1 is dated 30/11/2005. Respondent in that proceeding is the managing trustee of Srimath Anandeswara Temple. Ext.P2 is the order passed by the Deputy Commissioner in I.A.No.133/05 in O.A.No.14/2005. That is an application for reviewing the order - Ext.P1. By the subsequent order-Ext.P2 the same authority quantified the arrears of salary at Rs. 39780/- and interest prior to WPC.Nos.16482 & 18288 of 2007 2 11-03-2005 as Rs. 50,820/-. The total being Rs. 90,600/- and further interest at 6% for the remaining period till payment. A declaration to that effect was made. According to the petitioner, the amount is not disbursed. So the writ petition. W.P.(C)No.18288/07 is filed by Srimad Anantheshwara Temple, Manjeshwar challenging the orders referred to above and produced as Exts.P4 and P6 in this writ petition. During the pendency of the writ petition, the amount as directed was paid. According to the petitioner in W.P.(C)No.18288/07 the payment is not as a result of any legal obligation but on sympathetic consideration and to purchase peace. In view of the payment made petitioner does not press W.P.(C)No.16482/07 and the same is dismissed as not pressed. As far as W.P.(C)No.18288/07 is concerned, since the amount is paid, we are not entering into the merit of the case. However, it clarified that such payment will not form precedence. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv. WPC.Nos.16482 & 18288 of 2007 2