IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 DBP.No. 46 of 2009() -------------------- (IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB REPORT NO. 113/2009 SUBMITTED BY OMBUDSMAN - SUO MOTU PROCEEDINGS INITIATED.) COMPLAINANT: -------------------- SRI. VIJAYAN NAMBISSAN, NJARAKULANGARA PUZHPAKATH HOUSE, PADINJATTUMURI, WADAKKANCHERRY, THRISSUR. RESPONDENT: --------------- THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. ADV. SRI.C.E.UNNIKRISHNAN,SC FOR CDB SRI.KRISHNA KUMAR MANGOT - (AMICUS CURIAE) FOR FOR OMBUDMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = D.B.P. NO. 46 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF OCTOBER, 2009. O R D E R Raman, J. Shri. Vijayan Nambissan, a hereditary Kashakam of Erattakulangara Temple of Cochin devaswom Board has raised a grievance that in spite of the judgment of this Court in O.P. 12505 of 2003 dated 21.8.2003, he was not paid his remuneration as a Kashakam, though there was a direction in the said judgment to pay the same within a month. The arrears were paid only on 21.102008 and thus there was a considerable delay in effecting payment and compliance of the directions made in the judgment. On receipt of the complaint, the Ombudsman has considered the matter and submitted a report as CDB Report No. 113 of 2009 in Complaint No. 82 of 2009. the complainant demanded interest at the rate of 12% per annum. As a matter of fact, for the non compliance of the judgment, a contempt petition was moved; but the same was closed without prejudice to the complainant's right to approach the appropriate authority. It is thereafter that the complaint DBP 46/2009 2 was made to the Ombudsman. Considering the totality of the facts, the Ombudsman recommended payment of interest at the rate of 6%. When the matter came up for consideration before us, we directed the Standing Counsel to file a statement on behalf of the Board as regards the approximate interest payable at 6%. Accordingly, a statement is filed which shows that Rs. 29,522/- (Rupees twenty nine thousand five hundred and twenty two only) will be the interest due in case the recommendation of the Ombudsman is accepted. Considering the fact that interest payable is only less than Rs. 30,000/- (Rupees thirty thousand), we find it is only appropriate to accept the recommendation of the Ombudsman and to direct the Cochin Devaswom Board to pay the aforesaid amount by way of interest to the petitioner for the belated payment. This may be done within a period of one month. The D.B.P. is closed. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-