IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 24905 of 2009(G) -------------------------- PETITIONER(S): --------------- A.K.VENUGOPALA RAJA, S/O. SEKHARAN NAMBOOTHIRIPPAD, NOW DISCHARGING THE FUNCTION AS TRUSTEE, $ THIMRUMANTHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-20. 2. SHRI.P.P.SUDHEER EMBRANTHIRI, S/O. RAMAN EMBRANTHIRI, PUTHUMANA MADAM, KUNHIKANNAN MENON ROAD, ANGADIPPURAM, MALAPPURAM DISTRICT. 3. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1-3 BY ADV. SRI.V.RAJENDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.24905/2009 EXT.P1 TRUE COPY OF THE COPY OF THE JUDGMENT DATED 25.3.2009 IN W.P.(C) NO.7237/09 EXT.P2 TRUE COPY OF THE CHARGE MEMO AND THE CHARGE ISSUE AGAINST THE SECOND RESPONDENT DATED 31.1.09 EXT.P3 TRUE COPY OF THE ENQUIRY REPORT PRESENTED BY THE ENQUIRY OFFICER DATED 3.7.2009 EXT.P4 TRUE COPY OF THE PROCEEDINGS OF THE TRUSTEE OF THIRUMANTHAKUNNU BHAGAVATHY DEVASWOM TEMPLE NO.16/09 DATED 16.7.2009. EXT.P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE SECOND RESPONDENT BEFORE THE FIRST RESPONDENT AS A.P.NO.04/2009. EXT.P6 TRUE COPY OF THE INTERIM APPLICATION FILED BY THE SECOND RESPONDENT IN A.P.4/09. EXT.P7 TRUE COPY OF THE ORDER IN I.A.NO.7/09 IN A.P.4/09 DATED 3.8.09. EXT.P8 TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER FROM THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT THROUGH HIS ADVOCATE DT. 19.8.09. EXT.P10 TRUE COPY OF THE INTERIM ORDER DATED 20.8.09. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- W.P.(C) No.24905 OF 2009 ------------------------------- Dated this the 10th November, 2009 J U D G M E N T Raman, J. The petitioner is stated to be the Trustee of Thirumanthakunnu Bhagavathy Devaswom Temple. He seeks for a writ of certiorari to quash Ext.P10; on the alternative, to issue appropriate direction directing the first respondent to hand over the appeal and an interim application pending before him as I.A.No.7/2009 in A.P.No.4/2009 to the third respondent; and to issue such other directions. 2. Pursuant to the notice issued, parties have entered appearance. We have heard the parties. 3. Ext.P10 is a proceeding issued by the Deputy Commissioner, Malabar Devaswom in I.A.No.7/2009 in A.P.No.4/2009, extending the order dated 3.8.2009, until further orders, with a further direction to comply the same with strict sense. Ext.P4 is an order passed by the petitioner herein dated 16.7.2009, taking certain disciplinary action against the W.P.(C) No.24905 of 2009 2 employee, who is the second respondent herein, ultimately resulting in an order of removal of service against the second respondent, against which Ext.P5 appeal has been preferred by the concerned employee and the same is pending. At this stage of the proceeding, therefore, the Deputy Commissioner could not have ordered to reinstate the employee until Ext.P5 is finally disposed of. In that view of the matter, we have granted a stay of reinstatement of the employee. 4. In the factual situation, no further orders are required to be passed in the present writ petition, except to direct the appellate authority to consider and dispose of the appeal, Ext.P5, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The interim order passed by this Court will continue till then. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.