IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 13680 of 2011(H) ---------------------------------- PETITIONER: --------------- C.G.MANOJ, ASSISTANT ENGINEER (UNDER SUSPENSION), SREE THRICHERUMANNA @ SREE KOTTIYOOR DEVASWOM MANATHANA, KOTTIYOOR P.O., KANNUR DISTRICT-670674, RESIDING AT CHATHAMVELI HOUSE, KOTTIYOOR P.O., KANNUR DISTRICT-670674. BY ADV. SRI.B.PRAMOD RESPONDENT(S): -------------------- 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-673020. 2. SREE THRICHERUMANNA @ SREE KOTTIYOOR DEVASWOM, MANATHANA, KOTTIYOOR P.O., KANNUR DISTRICT-670674, REORIENTED BY ITS CHAIRMAN OF BOARD OF TRUSTEES. 3. T.BALAN NAIR, CHAIRMAN AND HEREDITARY TRUSTEE, SREE THRICHERUMANNA @ SREE KOTTIYOOR DEVASWOM, MANATHANA, KOTTIYOOR P.O., KANNUR DISTRICT-670 674. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1 SRI.P.K.SURESH KUMAR FOR R2 SMT.M.SINDHU THANKAM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13680 of 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE SHOW CAUSE NOTICE DATED 23-11-2010 ISSUED BY R3 TO THE PETITIONER. EXT.P2: COPY OF THE REPLY DTD 25-11-2010 GIVEN BY THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 07-12-2010 ISSUED TO R3. EXT.P4: COPY OF ORDER OF SUSPENSION DTD 13-12-2010 ISSUED BY R3. EXT.P5: COPY OF THE REPRESENTATION DTD 15-12-2010 SUBMITTED BY THE PETITIONER TO THE BOARD OF TRUSTEES. EXT.P6: COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES HELD ON 15-12-2010. EXT.P7: COPY OF THE NOTICE DATED 17-12-2010 ISSUED BY R3 TO THE PETITIONER. EXT.P8: COPY OF THE REPLY DTD 20-12-2010 SUBMITTED BY THE PETITIONER. EXT.P9: COPY OF THE ORDER OF SUSPENSION DTD 21-12-2010 ISSUED BY R3 BY THE PETITIONER. EXT.P10: COPY OF THE MEMORANDUM OF REVISION PETITION FILED BY THE PETITIONER. EXT.P11: COPY OF THE ORDER DTD 27-4-2011 SUBMITTED BY THE PETITIONER. EXT.P12: COPY OF THE EXPLANATION DATED 07-05-2011 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R2(a): COPY OF MEMO OF CHARGES DTD 13.01.2011 ISSUED TO THE PETITIONER. EXT.R2(b): COPY OF ADDITIONAL MEMO OF CHARGES DATED 30.4.2011 ISSUED TO THE PETITIONER. EXT.R2(c): COPY OF RESOLUTION TAKEN IN THE MEETING OF KOTTIYOOR DEVASWOM TRUSTEES ON 13.05.2011. EXT.R2(d): COPY OF LETTER DATED 26.05.2011 SENT BY R2 DEVASWOM TO THE COMMISSIONER, MALABAR DEVASWOM BOARD. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13680 OF 2011 ---------------------------------------------- Dated this the 23rd day of June, 2011 JUDGMENT The petitioner is an Assistant Engineer attached to the 2nd respondent Devaswom. He has been suspended by the 3rd respondent Chairman of the 2nd respondent Devaswom on certain allegations. The petitioner filed a revision against his suspension before the 1st respondent. The 1st respondent has, by Ext.P11 order, relegated the petitioner to an appeal before the Board of Trustees of the 2nd respondent Devaswom. The petitioner is seeking the following reliefs: “(i) Issue a writ of certiorari calling for the original of Ext.P9 and Ext.P11 orders and quashing the same (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to revoke the suspension of the petitioner and to reinstate him forthwith”. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the Devaswom Board and the learned counsel for respondents 2 and 3. 3. One of the contentions raised by the petitioner is that W.P.(C)No.13680/11 2 the appeal to the Board of Trustees is not an effective remedy, insofar as the person who has suspended the petitioner is the Chairman of the Board of Trustees. In view of the said contention, I feel that it is only appropriate that the 1st respondent considers R.P.No.1 of 2011 on merits without relegating the petitioner to the alternate remedy by way of appeal to the Board of Trustees. 4. Accordingly, Ext.P11 order is quashed. The 1st respondent is directed to consider the Revision Petition on merits, after affording an opportunity of being heard to the petitioner as well as respondents 2 and 3, as expeditiously as possible, at any rate, within one month from the date when the petitioner and respondents 2 and 3 appear before the 1st respondent. The parties shall appear before the 1st respondent on 4.7.2011. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13680/11 3 W.P.(C)No.13680/11 4