IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 6092 of 2011(J) ------------------------------------ PETITIONER(S): ----------------------- 1. MALABAR DEVASWOM STAFF UNION(INTUC), STATE COMMITTEE, CHIRAKKAL, KANNUR DISTRICT. REPRESENTED BY ITS GENERAL SECRETARY. 2. SRI. V.V.SREENIVASAN, GENERAL SECRETARY, MALABAR DEVASWOM STAFF UNION (INTUC), STATE COMMITTEE, CHIRAKKAL, KANNUR DISTRICT. 3. SRI. C. NARAYANAN NAMBOOTHIRI, MELSHANTHI, KARIVELLUR SHIVA SKHETRAM, KARIVELLUR.P.O., KANNUR DISTRICT. BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM. 2. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS PRESIDENT, ERANHIPALAM, KOZHIKODE-6. 3. THE COMMISSIONER, MALABAR DEVASWOM BOARD ERANHIPALAM, KOZHIKODE-673006. 4. ESTABLISHMENT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE-6. R2 & R3 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.6092/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT.D 28.2.2009. P2:- COPY OF THE ORDER DT.D 18.3.2009 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE CIRCULAR DTD. 30.10.2009 ISSUED BY THE 3RD RESPONDENT. P4:- COPY OF THE ORDER DTD. 21.1.2011 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE MASS MEMORANDUM SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.6092 of 2011-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioners challenge Ext.P3 which essentially is a decision that regulates the fixation of pay and other allowances and grading of temples falling under the purview of the Hindu Religious and Charitable Endowments Act. If they have any grievance as regards such fixation, that is a matter to be agitated before authorities which would decide on certain policy issues or make recommendatory interventions in relation to such matters. An assessment of the fixation of scales of pay and also of grading of temples cannot be had as it stands now, as regards the facts of the case in hand, by recourse to writ jurisdiction. We are, therefore, inclined to accept the request of the petitioners that Ext.P5 be directed to be considered and disposed of by the Government of Kerala in accordance with law. WPC6092/11 -: 2 :- In the result, we direct that Ext.P5 be considered by the competent authority in the Government after affording an opportunity to the necessary parties, of being heard. Let this be carried out and decision taken and communicated to the petitioners within a period of six months, without fail. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2406