IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33900 of 2011(J) ------------------------------------ PETITIONER: M. HARIKUMAR, S/O.MADHAVAN PILLAI, AGED 40 YEARS, KARANMA (PANCHAVADTAM) KULASEKHARANALLOOR DEVASWOM & P.D.MANIKANTESWARAM DEVASWOM, KULASEKHARANALLOOR SUB GROUP, KOTTARAKKARA, RESIDING AT KAVATTAZHIKATH VEEDU, PADINJATTINKARA, KOTTARAKKARA P.O. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: 1. TRAVAMNCORE DEVASWAM BOARD REPRESENTED BY ITS SECRETARY DEVASWOM BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM-695 001. 2. THE DEVASWOM COMMISSIONER, TRAVAMNCORE DEVASWAM BOARD , NANTHANCODE, THIRUVANANTHAPURAM-695 001. 3. THE ADMINISTRATIVE OFFICER, KULASEKHARANLLOOR, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA-689 001. BY ADV. SRI.G.BIJU FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 33900/2011 EXT. P1 TRUE COPY OF THE JUDGMENT DT. 9.3.04 IN OP 15529/99 OF THIS COURT EXT. P2 TRUE COPY OF THE ORDER NO.6476 DT. 20.9.2011 ISSUED BY R2 EXT. P3 TRUE COPY OF THE REPRESENTATION DT. 1.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT /TRUE COPY/ Thottathil B.Radhakrishnan & M.L.Joseph Francis, JJ. ------------------------------------------------------------- W.P.(C)No.33900 of 2011 J ------------------------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. The impugned Exhibit P2 order is criticised of having been issued on the basis of a telephonic communication. Petitioner is ordered to serve in Kulasekharanalloor Devasom instead of P.D.Manikanteswaram Devaswom. Fundamentally, we are unable to see any element of stigma in Exhibit P2. We also see that the said order was issued way back on 20.09.2011. Now, we are on 21.12.2011. Petitioner has also made Exhibit P3 representation before the first respondent on 01.10.2011. With all these, we are of the view that petitioner has to wait and get his remedy by considering Exhibit P3 representation. We, therefore, direct the first respondent to consider Exhibit P3 and issue appropriate orders, in accordance with law, within a period of two months. Ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (M.L.Joseph Francis, Judge) tkv