IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 16443 of 2007(G) --------------------------------------- PETITIONER(S): ------------------------ K.R.SANJAYAN, S/O V.N.KRISHNAN NAMBOOTHIRI, AGED 35 YEARS, SANTHI, THIRUVATTA DEVASWOM, UPARIKUNNAM SUB GROUP, KOLLAM GROUP, RESIDING AT KRISHNA BHAVAN, MUNDAKKAL, PERUMPUZHA P.O., KUNDARA, KOLLAM. BY ADVS. MR.C.UNNIKRISHNAN (KOLLAM) MR.S.HARIKRISHNAN RESPONDENT(S): --------------------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM. 2. DEVASWAOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, TRIVANDRUM. 3. ASST. DEVASWOM COMMISSIONER, KOLLAM. 4. SUBRAMANIAN POTTY, SANTHI, UPARIKUNNAM TEMPLE, UPARIKKUNNAM, SUB GROUP, KOLLAM. ADV. MR.D.SREEKUMAR, SC, TDB FOR R1-3 MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1-3 ADV. MR.P.GOPAL FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, ALONG WITH WPC. NO.3339 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.16443/2007-G & 3339/2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2009. JUDGMENT The petitioner is working as a Santhi under the Travancore Devaswom Board. In Writ Petition No.16443/2007, he was aggrieved by his transfer from Thiruvatta Devaswom to Uparikunnam Devaswom on the ground that he has only completed six months there. Ext.P3 is the order of transfer issued by the Asst. Devaswom Commissioner. 2. While admitting the writ petition, this court passed an interim order on 6.6.2007 directing the Devaswom Commissioner to consider and pass orders on Ext.P5. Ext.P5 in the said writ petition is a representation submitted by him challenging the order of transfer. This interim order was modified on 25.6.2007 to the following effect: “ I heard the learned counsel for the petitioner also. The second respondent is directed to forward Ext.P5 to the first respondent along with his comments, within two weeks from the date of production of a copy of this order. the first respondent will consider and pass orders on Ext.P5 within one month from the date of receipt of the same form the second respondent.” In that view of the matter, it was for the Board to consider the matter. It is wpc 16443/07 & 3339/09 2 an admitted position that so far the Board has not considered the matter. 3. In Writ Petition No.3339/2009, the petitioner is aggrieved by Ext.P7 order by which he was relieved from Thiruvatta Devaswom pursuant to Ext.R3(h) order. This court had passed an interim order by which he is continuing even now. A detailed counter affidavit has been filed by the third respondent in this writ petition. Ext.R3(a) is the order passed by the Devaswom Commissioner pursuant to the interim order passed by this court in Writ Petition No.16443/2007. Therein, the petitioner has been allowed to continue in Thiruvatta Devaswom till the disposal of the writ petition. Therefore, Ext.R3(h) order passed by the Asst. Commissioner is without considering the above directions by the Devaswom Commissioner. The same cannot therefore survive. It is submitted by the learned Standing Counsel for the Devaswom Board that the petitioner is alleged to have collected money directly from the devotees, which necessitated his transfer. Learned counsel for the petitioner submits hat no such incident has occurred. 4. Be that as it may, since Ext.P5 in W.P.(C) No.16443/2007 has been directed to be considered by the Board, I think the proper course is to dispose of the writ petitions with a direction to the Board to consider and wpc 16443/07 & 3339/09 3 pass orders on Ext.P5 within a period of one month from the date of receipt of a copy of this judgment. It is ordered accordingly. The petitioner will be allowed to continue in Thiruvatta Devaswom till orders are passed by the Devaswom Board in the matter. Learned Standing Counsel for the Board submitted that the Board may be directed to consider Exts.R3(g), (j) and (k) which are certain reports, etc. concerning the petitioner. It is up to the Asst. Devaswom Commissioner to forward these documents to the Devaswom Board through the Devaswom Commissioner. Before taking any decision in the matter. the petitioner will be heard also. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/