IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 7107 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------ V.DAMODARAN NAMBOOTHIRI, MELSANTHI, MALAYALAPPUZHA DEVASWOM, MALAYALAPPUZHA. BY ADV.MR.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 2. THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, DEVASWOM BOARD BUILDING, NANDANCODE, THIRUVANANTHAPURAM. 3. THE DEPUTY DEVASWOM COMMISSIONER, PATHANAMTHITTA. R1 TO R3 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, MR.P.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7107/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TRANSFER ORDER ISSUED BY THE 3RD RESPONDENT DTD. 1/08/2008. P2: COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 1/08/2008. P3: COPY OF THE JUDGMENT IN WPC.NO.24043/08 OF THE OF THE HON'BLE HIGH COURT OF KERALA DTD.11/08/2008. P4: COPY OF THE JUDGMENT IN CON.CASE NO.1749/08 OF THE HON'BLE HIGH COURT OF KERALA DTD. 23/01/09. P5: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD. 24/01/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 7107 of 2009 G =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of June, 2009 JUDGMENT Heard Sri.P.N.Purushothama Kaimal, the learned counsel appearing for the petitioner and Sri. P.Gopal, the learned standing counsel appearing for the respondents. 2. The petitioner who was the Melsanthi of Malayalapuzha Devaswom was transferred from Malayalapuzha Devaswom to Puthiyakavu Devaswom. Though the order of transfer took effect, the petitioner moved the Commissioner in appeal. By Ext.P3 judgment delivered on 11-8-2008 this Court directed the Travancore Devaswom Board to hear the appeal and pass orders thereon. The Travancore Devaswom Board considered the appeal and passed Ext.P5 order holding that the petitioner was transferred out from Malayalapuzha Devaswom in view of a complaint against him, that the complaint is being enquired into and that till the enquiry report is received, the Travancore Devaswom Board is of the opinion that it is desirable in public interest to retain the petitioner in the existing station. In this writ petition, the petitioner challenges Ext.P5 and seeks a writ in the nature of mandamus commanding the respondents to post him as Melsanthi W.P.(C) No. 7107/09 2 in Malayalapuzha Devaswom. The learned standing counsel appearing for the Board submits that the enquiry referred to in Ext.P5 has been completed and the enquiry report received. He submits that in the enquiry the petitioner was found guilty of the complaint levelled against him. He also submits that the Board will finalize the disciplinary action expeditiously, if the petitioner would co-operate with it and that the petitioner's request for transfer to Malayalapuzha Devaswom will be considered after the disciplinary action is finalized. 3. I am of the opinion that in view of the fact that a disciplinary action in relation to the conduct of the petitioner while he was the Melsanthi of Malayalapuzha Devaswom is pending, the Board cannot be compelled to transfer and post him as Santhi or Melsanthi of the said temple. Since the complaint levelled against the petitioner has already been enquired into and report received, it is for the respondents to finalize the disciplinary action expeditiously. The petitioner’s entitlement for posting in the Malayalapuzha Devaswom would depend on the outcome of the disciplinary action. I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to finalize the disciplinary action in accordance with law after furnishing the petitioner with a copy of W.P.(C) No. 7107/09 3 the enquiry report and after affording him a reasonable opportunity to state his case. The petitioner shall co-operate with the disciplinary action. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the second respondent. If the respondents are of the opinion that the petitioner is deliberately delaying the finalization of the enquiry, it will be open to them to seek enlargement of the time. After the disciplinary action is finalized, the respondents shall pass final orders on the petitioner’s request for transfer to Malayalapuzha Devaswom within two weeks thereafter. P.N.RAVINDRAN, JUDGE. mn.