High Court of KeralaWP(C)/10375/2015disposed of

Murali v. The Cochin Devaswom Board

2015-03-31Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10375 of 2015 (V) ---------------------------- PETITIONER:

------------------- MURALI, AGED 51, S/O.LATE VELAYUDHAN NAIR, VADAKKE VELUTHEDATH HOUSE, NATTIKA VILLAGE, CHAVAKKAD THALUK, THRISSUR DISTRICT.

BY ADV. SRI.P.A.CHANDRAN RESPONDENT(S):

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

1. THE COCHIN DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, HQ NORTH ROUND, THRISSUR - I.

2. MANAGER, THRIPRAYAR DEVASWOM, THRIPRAYAR, THRISSUR DISTRICT - 680 567.

R1 BY ADV. SRI.UNNIKRISHNAN V.ALAPATT, SC BY SRI.KRISHNA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 10375 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT. P1 :

TRUE COPY OF THE SANCTION ORDER DATED 26.8.1988 ISSUED BY THE 1ST RESPONDENT.

EXT. P2 :

TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER DATED 20.11.2013.

EXT. P3 :

TRUE COPY OF PETITIONER'S APPLICATION DATED 11.1.2014 GIVEN BY PETITIONER TO THE 2ND RESPONDENT.

EXT. P4 :

TRUE COPY OF THE UNREGISTERED OSYATH DATED 2.2.2013 EXECUTED BY PETITIONER'S LATE FATHER.

EXT. P5 :

TRUE COPY OF THE ORDER NO.M.4.1351/14 DATED 4.9.2014 OF THE 1ST RESPONDENT BOARD.

EXT. P6 :

TRUE COPY OF THE REGISTERED LETTER DATED 25.3.2015 SENT BY PETITIONER IN OBJECTION TO EXHIBIT P5.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A. MUHAMED MUSTAQUE, J.

------------------------------------------------ W.P.(C) No.10375 of 2015 ------------------------------------------------ Dated this the 31st day of March, 2015

JUDGMENT

The petitioner has approached the Cochin Devaswom Board by Ext.P6. The grievance of the petitioner is that his family was doing 'mattalak' services for the time immemorial and the petitioner was also doing the same from last year as well, before his father Velayudhan Nair died. The petitioner's request has been rejected by Ext.P5, stating that the petitioner was unable to produce any documents. I am of the view that if the petitioner was unable to produce any documents, the Board shall conduct an enquiry to find out whether this 'mattalak' service is being rendered by the family of the petitioner as a customary right for the time immemorial.

2. There shall be a direction to the Board to consider whether Ext.P5 is based on any material placed by the petitioner or based on an enquiry conducted in this regard. Needful shall be done within a period of two months from the date of receipt of a

W.P.(C) No.10375 of 2015 copy of this judgment. It is open for the Board to consider engagement of the petitioner for this year, if otherwise required. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

//true copy// P.S. to Judge st/-