IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16635 of 2008(E) -------------------------- PETITIONER: ------------ N.S.NARAYANAN NAMPOOTHIRI. (MEL SANTHI) MANJU NIVAS, ALUMPEDIKA, PRAYAR, OACHIRA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: ------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY NANTHANKODU, THIRUVANANTHAPURAM.. 2. ASST. DEVASWOM COMMISSIONER KARUNAGAPPALLI. BY SC-TDB SRI.D.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16635 of 2008 -------------------------- Dated this the 5th June, 2008 J U D G M E N T The petitioner, who is a Melsanthi in the Padanayar Kulangara, which is a major temple, was transferred to the Pavumba Temple which is also a major temple, under Exhibit-P1 order issued by the Assistant Devaswom Commissioner. Exhibit-P1 shows that if any person had any objection to Exhibit-P1, he should prefer an appeal before the Devaswom Commissioner before 30.4.2008. It seems that another Melsanthi in the Padanayar Kulangara Temple one Vishnu Potti had objection to the same. Be that as it may, by Exhibit-P2 order the petitioner has now been transferred from Padanayar Kulangara not in the station shown in Exhibit P1 but another temple at Kamankulangara, which is not a major temple, according to the petitioner. 2. In my view, petitioner is justified in assuming that if he is to be shifted from Padanayar Kulangara. it must be to the place shown in Exhibit-P1. If the transfer as shown in Exhibit P1 was to be varied, petitioner should have been given a notice regarding the same. At any rate, the matter is W.P ( C) No.16635 of 2008 2 capable of correction by the Board which will have to hear both the sides. 3. I heard learned counsel for the petitioner Sri. R.Krishna Raj and learned standing counsel for the Devaswom Board Sri.D.Sreekumar. Sri.Krishnaraj submits that if he prefers an appeal against Exhibit-P2 before the Commissioner, appeal will be dealt with by the Board. In the result, the writ petition is disposed of with the following directions: i) Petitioner may prefer an appeal against Exhibit-P2 within a week from today before the Board and the Board shall thereafter take an appropriate decision on such appeal, within a period of one month thereafter, after hearing the petitioner and any other affected person. Petitioner shall be retained at Padanayar Kulangara till a decision is taken by the Board. (V.GIRI, JUDGE) ma W.P ( C) No.16635 of 2008 2