IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 1176 of 2006(C) ---------------------- AGAINST THE JUDGEMENT IN OP.13211/1999 .................... APPELLANT(S): 2ND RESPONDENT. ----------------------------- THE COMMISSIONER, HR & CE (ADMN), DEPARTMENT, CIVIL STATION, KOZHIKODE. BY GOVERNMENT PLEADER RESPONDENT(S): PETITIONERS. --------------------------- 1. M.KRISHNAN NAMBOODIRI, TALI DEVASWOM, PRASADAM SANTHI, KOZHIKODE, CHALAPPURAM 2. 2. P.RADHAKRISHNAN NAIR, ATTENDER, THIRUNAVAYA DEVASWOM, POST THIRUNAVAYA, MALAPPURAM. 3. JAYARAJ.M.CLERK, THRUPANGOTTU DEVASWOM, POST THRIPANGOTTU. 4. V.P.RAMAKRISHNAN, MALA KAZHAKA, VALYANAD DEVASWOM, POST KUMMERI, CALICUT 7. 5. K.V.EETHA NATH, CLERK, LDC, ZAMORINS CENTRAL DEVASWOM OFFICER, THALI, CHALAPPURAM, CALICUT 2. 6. ZAMORIN RAJA, MANAGING TRUSTEE, ZAMORIN, CENTRAL DEVASWOM TALI, CHALAPPURAM, KOZHIKODE. 7. P.C.ETTANUNNI RAJA, PRESIDENT, PADINHAE KOVILAKAM WELFARE SOCIETY, CALICUT 7. 8. RAKAKRISHNAN M.K. S/O.SIVARAMAN, KOLATH HOUSE, KUMBIDI P.O. PALAKKAD DISTRICT. 9. K.C.MURALEEDHARAN RAJA, S/O.K.NARAYANAN NAMBOODIRI, JAYASREE, PANDAMANGALAM, KOTTAKKAL, KALAPPURAM. 10. K.C.ANUJAN RAJA, S/O.E.TRIVIKRAMAN NAMBOODIRI, AKSHAYA, KOTTAKKAL, MALAPPURAM DIST. R1 TO 5 BY ADV. SRI.AVM.SALAHUDIN R6 BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN R7 TO 10 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SR. GOVT. PLEADER SHRI. NOBLE MATHEW THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1176 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of March, 2009 JUDGMENT Balakrishnan Nair, J. The second respondent in the writ petition is the appellant. The writ petition was filed by respondents 1 to 5. They are employees of the temples managed by the 5th respondent, Zamorin Raja of Kozhikode. Their salary was increased by the Zamorine Raja. Thereafter, the Raja sought approval of the said enhancement of the salary, from the Commissioner, H.R. & C.E. Department. The same was rejected by the said officer, who is the appellant herein. Consequently the Zamorine Raja issued communications to the writ petitioners, stating that the salary revision implemented is being withdrawn and excess salary is going to be recovered. The communications issued to the respondents in this regard are Exts.P4 to P8. Feeling aggrieved by those communications, the writ petition was filed. W.A.No. 1176 of 2006 2 2. In fact they are aggrieved by the order of the appellant referred as second paper in the said impugned orders. The learned Single Judge quashed the said order of the appellant. Feeling aggrieved by the direction of the learned Single Judge, the Commissioner, H.R. & C.E. Department has preferred this Writ Appeal. 3. We heard the learned counsel on both sides. It is not in dispute that the order of the appellant, referred to in Exts.P4 to P8 as second paper, was passed without hearing the writ petitioners. Therefore, we are of the view that the order has been rightly quashed by the learned Single Judge. But, if so advised, the competent authority as per the provisions of the new Act governing temples in Malabar will be free to reconsider the matter, with notice to the affected writ petitioners and also to the Zamorine Raja of Kozhikode. 4. Subject to the above clarification, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) tm Judge W.A.No. 1176 of 2006 3