Manoj.P v. Travancore Devaswom Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 20311 of 2015 (L) ----------------------------------------- PETITIONER(S):

-------------------------- MANOJ.P AGED 34 YEARS ULAHAKALLUNKAL, PANAMATTOM P.O., PANAMATTOM.

BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S):

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

1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE NANDANCODE, THIRUVANANTHAPURAM-695003.

2. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD OFFICE NANDANCODE, THIRUVANANTHAPURAM-695003.

3. DIRECTOR CULTURAL DIRECTOR OFFICE, TRAVANCORE DEVASWOM BOARD DEVASWOM BOARD OFFICE, NANDANCODE THIRUVANANTHAPURAM-695003.

R BY SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20311 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 :

TRUE COPY OF THE CERTIFICATES ISSUED BY THE KSHETRA KALA PEETOM, TRAVANCORE DEVASWOM BOARD TO THE PETITIONER. EXT. P2 :

TRUE COPY OF THE JUDGMENT DT.7-9-2011 IN WPC 17563/2008 PASSED BY THIS HONOURABLE COURT.

EXT. P3 :

TRUE COPY OF THE INTERIM ORDER DT.2-3-2015 IN WPC 5349/2015 OF THIS HONOURABLE COURT.

EXT. P4 :

TRUE COPY OF THE LETTER NO.ROC 2264/14/CA DT.19-1-2015 ISSUED BY THE TRAVANCORE DEVASWOM BOARD TO THE CULTURAL DIRECTOR.

EXT. P5 :

TRUE COPY OF THE DT.14-5-2015 ISSUED BY THE TRAVANCORE DEVASWOM BOARD.

EXT. P6 :

TRUE COPY OF THE REPRESENTATION DT.1-7-2011 BEFORE THE COMMISSIONER OF TRAVANCORE DEVASWOM BOARD.

EXT. P7 :

TRUE COPY OF THE LETTER DT.13-4-2012 ISSUED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD.

EXT. P8 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, TRAVANCORE DEVASWOM BOARD DT.27-6-2012.

RESPONDENT(S)' EXHIBITS --------------------------------------- nil // True copy // das PA to Judge

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 20311 of 2015 ===================================================== Dated this the 13th day of July, 2015

JUDGMENT

The petitioner, who had completed the Higher Diploma Course in the Panchavadyam art in October 2001, after having completed the regular course of study in Panchavadyam Art from the Vaikom Kshetra Kala Peetom, is aggrieved by the non-inclusion of his candidature in the list of Panchavadyam artistis, that is prepared by the Travancore Devaswom Board. It was stated that the non-inclusion was pursuant to a finding that the petitioner had not made himself available for certificate verification at the time stipulated for the same. The petitioner would point to Ext.P3 order passed by this Court in similar circumstances, where another person, who had not appeared for the certificate verification process as also not included in the list of artists who could be appointed to various temples under the Devaswom Board. It is pointed out that pursuant to Ext.P3 interim order, Ext.P5 order was passed in favour of the petitioner in that case by the respondent Board and therefore, the petitioner is also entitled to a similar treatment.

2.

I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondent Board as

-2W.P.(C). No. 20311 of 2015 well.

The learned Standing Counsel, on instructions, would submit that, inasmuch as the petitioner and the petitioner in Ext.P3 interim order are similarly situated, an order in the nature of Ext.P5 can be passed in favour of the petitioner also. Accordingly, the writ petition is disposed by directing the respondent Board to consider the case of the petitioner for inclusion in the list of Panchavadyam artists after conducting a certificate verification of the petitioner, as was done in the case of the person covered by Ext.P5 order. The respondent Board shall pass consequential orders within a period of three weeks from the date of receipt of a copy of this judgment.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das