IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 34084 of 2007(G) -------------------------- PETITIONER(S): --------------- A.N.SIVASUBRAMANIAN, S/O. LATE NARAYANA IYER, MELSANTHI (UNDER SUSPENSION), SREE MANGOTTUKAVU BHAGAVATHY DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DIST., RESIDING AT ATHIPOTTA GRAMAM, P.O.ATHIPOTTA, ALATHUR, PALAKKAD-678 544. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT'S DEPARTMENT, KOZHIKODE. 3. THE EXECUTIVE OFFICER, SREE MANGOTTUKAVU DEVASWOM, ATTIPOTTA P.O., ALATHUR-678 544. 4. SRI. PARAMESWARAN NAMBOOTHIRI, (FIT PERSON), SREE MANGOTTUKAVU DEVASWOM, ATTIPOTTA P.O., ALATHUR-678 544. ADV. SRI.MOHAN C.MENON FOR R3 GOVT. PLEADER SHRI.ANTONY MUKKATH SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R.4 SRI.T.C.SURESH MENON FOR R.4 SRI.P.S.APPU FOR R.4 SRI.JIBU P THOMAS FOR R.4 SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 34084 of 2007 ================== Dated this the 6th day of September, 2011 J U D G M E N T The petitioner is a melsanthi of Sree Mangottu Kavu Devaswom. Pursuant to the direction from the Government, the Executive Officer of the Devaswom placed the petitioner under suspension pending a vigilance enquiry. The petitioner is challenging the suspension in this writ petition. 2. Counter affidavits have been filed by the respondents supporting the suspension. 3. I have considered the rival contentions in detail. 4. This writ petition was filed in 2007. This Court has stayed the suspension order. As such, there is no point in now deciding the question of validity of the suspension on merits. In the above circumstances, this writ petition is closed without prejudice to the right of the respondents to continue the disciplinary proceedings pursuant to the suspension in accordance with law without keeping the petitioner under suspension. The learned standing counsel for the Devaswom Board points out that for other misconducts also the petitioner has been proceeded against and he was not suspended only because of the pendency of this writ petition, even though the allegations were in respect of corruption. I make it clear that this judgment will not stand w.p.c.34084/07 2 in the way of the respondents taking any action by suspension or otherwise of the petitioner in respect of any other misconducts, which are not the subject matter of this writ petition. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge