IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 11249 of 2008(L) -------------------------- PETITIONER(S): --------------- P.S.PARAMESWARAN NAMPOOTHIRI, EX.PRESIDENT, KSHETHROPADESAKA SAMITHI, VASUDEVAPURAM SREEKRISHNA SWAMI TEMPLE, KUDAMALOOR, RESIDING AT PARAMBOOR ILLOM, KUDAMALOOR KARA, AIMANAM, KOTTAYAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 3. THE FINANCE & ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 4. THE DEVASWOM ASSISTANT COMMISSIONER, ETTUMANOOR. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 4 SRI.D.SREEKUMAR, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEING FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11249 of 2008(L) A P P E N D I X PETITIONER'S EXTS:- EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 26/12/2007 SUBMITTED BY THE PETITIONER BEFORE THE DEVASWOM OMBUDSMAN. EXT.P2 TRUE COPY OF THE ORDER NO.ROC 12681/07/VIGI-N DATED 19/03/2008 OF THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE REQUEST OF THE CO-OPERATIVE BANK MADE BY THE ASST.DEVASWOM COMMISSIONER, THE 4TH RESPONDENT DATED 25/04/2006. ANNEXURE-I TRUE COPY OF THE REQUEST MADE BY THE PETITIONER ON 16/08/2008 TO THE SUB GROUP OFFICER. ANNEXURE-I TRUE COPY OF THE LETTER DATED 01/09/2008 OF THE PRESENT PRESIDENT TO THE PETITIONER. ANNEXURE-IITRUE COPY OF THE CIRCULAR DATED 01/03/1997 ISSUED BY THE 2ND RESPONDENT. EXTS OF RESPONDENT NO.1:- EXT.R1(a) TRUE COPY OF THE VIGILANCE REPORT. ANNEXURE-RI TRUE COPY OF THE MAHAZER 17/08/2008 ANNEXURE-RII TRUE COPY OF THE LETTER FROM DEVASWOM COMMISSIONER DATED 22/09/2008. \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.11249/2008-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of October, 2008. J U D G M E N T Raman, J. The petitioner impugned Ext.P2 issued by the second respondent by which the Assistant Devaswom Commissioner, Ettumanoor, was informed that the petitioner shall not be included in the Advisory Committee in future. Thus, by Ext.P2, the stigma is created. Ext.P2 is issued based on a vigilance report. The petitioner, however, was not heard before issuing Ext.P2. Therefore, we are of the opinion that the petitioner ought to have been heard before disqualifying him from being included in the Committee. Thus, in this view of the matter, it is not necessary to go into the merits of the other contentions of the case. Ext.P2, to the extent the petitioner is being disqualified to be included in the future committees and the adverse remarks, if any, made therein, is quashed and the petitioner may be given an opportunity of being heard before passing any further order. We find that during the pendency of the proceedings the temple Advisory Committee has been constituted. True, it is only based on nominations that such a committee has been constituted and nobody can as W.P.(C) No.11249/2008 -:2:- of now say that he is entitled to be included. In this view, non inclusion will not affect the right of the petitioner. However, as we have already opined a person shall not be disqualified without being heard and for that reason we have already quashed Ext.P2. The original petition is allowed as above. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms