High Court of KeralaWP(C)/17957/2015disposed of

B.Parameswaran v. Devaswom Commissioner

2015-07-01Honourable Mr. Justice Sunil Thomas,Honourable Mr.Justice Thottathil B.Radhakrishnan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 17957 of 2015 (T) ---------------------------- PETITIONERS:

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1. B.PARAMESWARAN AGED 40 S/O.BHUVANACHANDRAN PILLAI, RAJ BHAVAN, PARAMESWARAM MUDAKKAL PO, THIRUVANANTHAPURAM DISTRICT

2. VINOD S/O.CHANDRASEKHARAN NAIR, PLAVILA VEEDU, PARAMESWARAM MUDAKKAL PO, THIRUVANATHAPURAM DISTIRCT BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS:

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1. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANATHANKODE THIRUVANANTHAPURAM 695001

2. THE ASSISTANT DEVASWOM COMMISSIONER TRVANCORE DEVASWOM BOARD, VARKALA GROUP THIRUVANANTHAPURAM 695141

3. SUB GROUP OFFICER KUTTOOR SUB GROUP, TRAVANCORE DEVASWOM BOARD, VARKALA THIRUVANANTHAPURAM 695141 R1-R3 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17957 of 2015 (T) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXT P1: TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED NIL EXT P2: TRUE COPY OF THE REPLY OF THE 1ST PETITONER EXT P3: TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20.01.2015 TO THE PETITOINERS EXT P4: TRUE COPY OF THE REPLY DATED 21.01.2015 TO EXT P3 EXT P5: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 01.05.2015 EXT P6: TRUE COPY OF THE APPEAL BEFORE THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:NIL

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

============================== W.P(C).No.17957 of 2015 ============================== Dated this the 1st day of July, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

Heard learned counsel for the petitioners and learned standing counsel for the Travancore Devaswom Board. 2.

Petitioners' complaint is that Ext.P6 appeal against Ext.P5 order is not being considered by the Commissioner of TDB. But, we see from Ext.P5 that it is only a communication by the Sub Group Officer about the contents of the decision of the Devaswom Commissioner which is referred to as item No.1 in Ext.P5. That being a decision of the Commissioner, if at all the petitioners seek to challenge it, they have to file an appeal to the TDB. Hence, Ext.P6 need not be considered by the Devaswom Commissioner. It is directed that the petitioners shall submit an appeal to the TDB within a period of one month from today against the decision of the Commissioner referred to in Ext.P5. That shall be considered by the Board appropriately, in accordance with law. To facilitate this, Sub Group Officer-in-charge, Kuttoor sub group is directed to give the petitioners a copy of the Commissioner's order which is referred to

W.P(C).17957/15 as serial No.1 in Ext.P5. The copy of that order will be given to the petitioners within a week of the production of a copy of this judgment before the Sub Group Officer.

This writ petition is ordered accordingly.

Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge Sbna