IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 28241 of 2008(K) --------------------------------------- PETITIONER: ------------------- V.NARAYANAN POTTI, S/O.VENKATTA RAMAN POTTI, MELSANTHI, PARASALA SREE MAHADEVA TEMPLE, PARASALA. BY ADV. SRI.N.MAHESH. RESPONDENTS: ----------------------- 1. TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 3. ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 4. B.VASUDEVAN POTTI, SANTHI, THIRUPURAM SREE MAHADEVA TEMPLE, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------- W.P.(C.) No.28241 of 2008 --------------------------------- Dated, this the 11th day of November, 2008 J U D G M E N T Heard Sri.N.Mahesh, the learned counsel appearing for the petitioner and Sri.Nagaraj Narayanan, the learned standing counsel appearing for the Travancore Devaswom Board. 2. The petitioner was transferred and posted as Melsanthi of Parasala Sree Mahadeva Temple by order dated 15/07/2008 passed by the Assistant Commissioner, Travancore Devaswom Board, Neyyattinkara. The said order of transfer was passed on the request of the petitioner. The order transferring the petitioner to Parasala Sree Mahadeva Temple was challenged by Shri.R.Sreenivasan Potti and Shri.S.Ramesan Potti in WP(C) No.23874/2008. They also moved the Devaswom Commissioner seeking cancellation of the order transferring the petitioner to Parasala Sree Mahadeva Temple. By judgment delivered on 08/08/2008 in WP(C) No.28241/2008 -2- WP(C) No.23874/2008, this Court directed the Devaswom Commissioner to consider the representations received from them and to take a decision thereon. The Devaswom Commissioner thereafter examined the validity of the order transferring the petitioner to Parasala Sree Mahadeva Temple and held that the petitioner's transfer and posting as Melsanthi of Parasala Sree Mahadeva Temple was issued in violation of the guidelines governing transfer, and that it was passed overlooking the eligibility and superior claims of four other persons. The Devaswom Commissioner, accordingly issued Ext.P3 order dated 04/09/2008 cancelling the petitioner's transfer and posting as Melsanthi of Parasala Sree Mahadeva Temple, and directed that the fourth respondent should be transferred and posted as Melsanthi of the said temple. Ext.P3 is under challenge in this writ petition. 3. When the writ petition came up for hearing today, Sri.N.Mahesh, the learned counsel appearing for the WP(C) No.28241/2008 -3- petitioner submitted that the petitioner has filed Ext.P5 appeal before the Travancore Devaswom Board challenging Ext.P3 order of transfer, and that leaving open the contentions of the petitioner, the Travancore Devaswom Board may be directed to consider Ext.P5 appeal and pass orders thereon, after notice to and affording the petitioner and the fourth respondent an opportunity of being heard. 4. The question whether the petitioner is entitled to be posted as Melsanthi of Parasala Sree Mahadeva Temple in preference to the fourth respondent, is primarily a matter for the Board to decide. Since the petitioner has moved the Board in Ext.P5 appeal and paragraph 13 of Ext.P4 circular enables aggrieved employees to file an appeal against orders of transfer issued by the Devaswom Commissioner before the Board, I dispose of the writ petition with a direction to the Travancore Devaswom Board to consider Ext.P5 appeal filed by the petitioner and pass orders thereon, expeditiously and in any event within one month WP(C) No.28241/2008 -4- from the date of receipt of a copy of this judgment. Needless to say, the petitioner, the fourth respondent and other aspirants if any seeking a posting at Parasala Sree Mahadeva Temple shall be heard before final orders are passed in the matter. It will be open to the petitioner to move the Travancore Devaswom Board for interim orders pending disposal of the appeal. (P.N.RAVINDRAN, JUDGE) jg