Vijayakumar v. Travancore Devaswom Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 14131 of 2015 (N) ---------------------------- PETITIONERS --------------------------
1. VIJAYAKUMAR AGED 55 YEARS S/O.BALAKRISHNAN NAIR, ASWATHY VEEDU, THODAPARAMBU PERUMBAVOOR, ERNAKULAM DISTRICT
2. T.N MURALEEDHARAN NAIR, VARIKKATTU HOUSE, G.K PILLAI LANE, PERUMBAVOOR ERNAKULAM DISTRICT BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS:
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1. TRAVANCORE DEVASWOM BOARD NANDANCODE, THIRUVANANTHAPURAM, PIN -695 003 REPRESENTED BY ITS SECRETARY
2. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THRIKARIYOOR-689 692
3. V.S BALAJI, SUB GROUP OFFICE, SREE DHARMASASTHA TEMPLE PERUMBAVOOR-683 542 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14131 of 2015 (N) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHBIIT P1 TRUE COPY OF THE INFORMATION FURNISHED BY THE VIGILANCE AND ANTI CORRUPTION BUREAU TO SMT. PARVATHY VENUGOPAL UNDER THE RIGHT TO INFORMATION ACT VIDE NO.G3 28964/2014 DATED 05-09-2014 EXHBITI P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY VADARKUTTY SAMOOHAM BEFORE THE 2ND RESPONDENT AS AGAINST THE 3RD RESPONDENT DATED 10-04-2015 /TRUE COPY/ PA TO JUDGE
T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14131 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
This writ petition is filed by the petitioners pointing out that Ext.P1 communication will show that there was an enquiry by the Vigilance Department recommending transfer of the third respondent and to initiate other departmental action. Alleging that the respondents 1 an 2 have not taken any further action in the matter, the petitioners have approached this Court.
2.
We heard the learned counsel for the petitioners Sri.Sajeev Kumar K.Gopal and the learned standing counsel for the Travancore Devaswom Board Sri.M.V.S.Namboodiri.
3.
In the grounds in the writ petition, it is alleged that the respondents 1 and 2 are not taking any action against the third respondent in spite of Ext.P1 and the main prayers in the writ petition are the following :
W.P.(C)No.14131/2015 "i.
Issue a writ of mandamus or other appropriate writs, directions or orders directing the respondents 1 and 2 to initiate appropriate proceedings against the 3rd respondent as recommended by the Vigilance and Anticorruption Bureau in its report dated 25.08.2014 vide No.T1CV4/14/EKM forthwith and not to grant any further promotion to the 3rd respondent pending the above proceedings;
ii.
Declare that the failure on the part of the respondents 1 an 2 in taking further steps against the 3rd respondent as recommended by the Vigilance an Anticorruption Bureau is per se illegal; iii.
Render such other orders as are deemed fit and proper in the circumstances of the case." 4.
The learned Standing Counsel for the Devaswom Board by referring to Ext.P1 submitted that even going by Ext.P1, it can be seen that the Vigilance and Anticorruption Bureau has only forwarded the report to the Government with their recommendation. It is submitted that the stage has not reached for the Devaswom Board to initiate any action evidently. It is submitted that it is upto the Government to take
W.P.(C)No.14131/2015 appropriate decision in the matter. We fully agree with the above contention.
In that view of the matter, the writ petition is pre-mature. Accordingly, it is dismissed.
T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.