Vasudeva Sharma v. Travancore Devaswom Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 11221 of 2006 (J) ---------------------------- PETITIONER(S):

-------------------------- VASUDEVA SHARMA, S/O.P.K. SHARMA, PUNNASSERIL ILLAM, MATHEL BHAGAM, THIRUVALLA.

BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE.

ADV. SRI.S.SUJIN.

RESPONDENT(S):

----------------------------

1. THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, THIRUVANANTHAPURAM.

3. THE SUB GROUP OFFICER, THIRUVALLA DEVASWOM, THIRUVALLA.

4. V. SREEKUMARA SHARMA, NO.3. KAVERI LANE, EAST THAMPARAM, CHENNAI- 55.

R1 TO R3 BY SRI.P.G.PARAMESWARA PANICKER, SENIOR SC, ADVS. SRI.D.SREEKUMAR, SC, SRI.P.GOPAL SRI.G.BIJU SRI.A.N.RAJAN BABU, SC, SRI.C.VIJAYAN, SC.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 11221 of 2006 (J) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE LETTER DATED 29/08/2005 ISSUED TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT.

EXT.P2 COPY OF THE REPRESENTATION DATED 09/09/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P3 COPY OF THE JUDGMENT DATED 04/11/2005 IN WP(C).NO.28184/2005 OF THIS HON'BLE COURT.

EXT.P4 COPY OF THE NOTICE DATED 05/12/2005 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

EXT.P5 COPY OF THE LETTER SUBMITTED BY THE PETITIONER ON 13/12/2005 BEFORE THE 2ND RESPONDENT.

EXT.P6 COPY OF THE ORDER DATED 27/01/2006 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXT.P7 COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 15/02/2006.

EXT.P8 COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT ON 19/03/2006. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.11221 of 2006 ---------------------------------------- Dated this the 12th day of October 2015

J U D G M E N T

This writ petition is filed challenging Exts.P1 and P6. Petitioner claims to be Karaima holder and functioning as Vilakku Santhi at Sreevallabha Mahakshethram, Thiruvalla. According to him, it is a hereditary post which was originally held by his father and was devolved by evolution upon the eldest son. But, in his absence, right was conferred on the petitioner. However, without any reason, it is stated that on the basis of complaints received from certain persons, he was informed that the family of the petitioner had appointed another person. Ext.P6 is the order passed by the Devasom Commissioner on 27/01/2006, by which a decision was taken to remove the petitioner from Karaima. 2.

It is pointed out by the learned counsel for the respondent that even at the time when the petition was filed, petitioner was aged 56 years. But, as per the rules prevailing, petitioner cannot continue beyond the age of 56 years.

3.

Considering the above factual circumstances, I do not think that the petitioner is entitled to any relief as the matter stands now.

Accordingly, this writ petition is dismissed. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr