IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 36533 of 2009(J) -------------------------- PETITIONERS: --------------- 1. T.P.KRISHNAN NAMBOOTHIRI, THAANNIYIL MATHIYATH MANA, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. A.S.THRIVIKRAMAN NAMBOOTHIRI, MELSANTHI, ERNAKULAM SIVA TEMPLE, RESIDING AT ANIMANGALAM, CHOTTANIKKARA. 3. ANANDA PADMANABHAN EMBRANTHIRI, MELSANTHI, SREEKRISHNA SWAMY TEMPLE, CHITTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: --------------- 1. THE SECRETARY, COCHIN DEVASWOM BOARD, DEVASWOM BUILDING, THRISSUR. 2. THE EXECUTIVE OFFICER, CHOTTANIKKARA DEVASWOM, CHOTTANIKKARA. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 36533/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER IN D.B.P. 57/2009 DATED 16.11.2009 OF THIS COURT. EXT.P2 TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 26.11.2009 OF THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF NOTICE NO. M4.8799/09 DATED 3.12.2009 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS; NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = == = = = = W.P.(C) NO. 36533 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF JANUARY, 2010. J U D G M E N T Raman, J. The matter relates to appointment of Melsanthies in Melkkavu in Chottanikkara Sree Bhagavathi Temple. 2. Earlier, no suitable persons were found eligible for appointment and the matter came up for consideration before this Court in DBP 57/2009. This Court, after considering the matter, disposed of the application with certain directions. Pursuant thereto, though the Cochin Devaswom Board re-notified the matter, the same was done only in the notice board of the Devaswom Office. Earlier, such notices were published in important dailies. Complaint of the petitioners is that in the absence of a re- notification with due publication, their chance to appear for screening is denied. 3. After hearing all concerned, we find that though earlier notification was issued in the important dailies, that was not done while issuing re-notification. Since the matter relates to appointment of WP(C) 36533/2009 2 Melsanthies in Melkkavu and in view of the fact that provisional promotees to A group are also entitled to participate in the screening as per the subsequent order, re-notification should have been done in the important dailies as was done previously. Further we find that only three persons appeared before the screening committee out of which only one name is certified. As such, for this reason also we find a re-notification is necessary giving opportunity to all the persons entitled to participate in the screening as per the qualifications as prescribed and fixed in our earlier order. Since we have already constituted a committee, the same committee will continue and the Ombudsman will oversee the process of screening until final selection is made. Notification will be issued expeditiously fixing the date of screening and other details. With the above direction, the matter is closed. Closed. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-