K. Govindan Potti vs The Travancore Devaswom Board and Others

P.N. Ravindran, J.—The petitioner, who is presently working as the Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara, has filed this writ petition challenging Ext.P5 order passed by the third respondent reviewing Ext.P3 order passed by him, whereby the petitioner was transferred to Sree Krishna Swamy Temple, Neyyattinkara.

During the current year namely 2010-2011, the Assistant Devaswom Commissioner finalised the general transfer of Santhis working in Neyyattinkara group of temples as per order dated 30.5.2009. Though the petitioner had applied for a transfer to Sree Krishna Swamy Temple, Neyyattinkara and also to two other temples, his application was not considered. Instead, the sixth respondent was transfered and posted as the Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara. Aggrieved thereby, the petitioner filed an appeal before the Devaswom Commissioner. By Ext.P3 order passed on 29.6.2010, that appeal was allowed and the Devaswom Commissioner directed that the petitioner be transferred and posted as the Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara.

Pursuant to Ext.P3 order, petitioner joined duty at Sree Krishna Swamy Temple, Neyyattinkara on 3.7.2010. Aggrieved by Ext.P3, the sixth respondent filed W.P.(C) No. 21565 of 2010 in this Court. By Ext.P4 judgment delivered on 14.7.2010, a learned single Judge of this Court directed that in the event of the sixth respondent filing an appropriate representation before the Devaswom Commissioner, the Devaswom Commissioner shall consider the same and pass orders thereon in view of the fact that before Ext.P3 order was passed, the sixth respondent was not put on notice or heard. The sixth respondent accordingly moved the Devaswom Commissioner who by Ext.P5 order dated 20.8.2010, cancelled Ext.P3 order transferring the petitioner and directed that in place of the petitioner, the sixth respondent shall be posted as the Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara. Ext.P5 order is under challenge in this writ petition.

The pleadings disclose that aggrieved by Ext.P5 order, the petitioner has filed Ext.P8 appeal before the Travancore Devaswom Board. The learned standing counsel appearing for the Travancore Devaswom Board submits that the original of Ext.P8 appeal has been received and is pending consideration of the Board. He also submits that the Board will take an expeditious decision thereon after considering the rival claims of the petitioner and the sixth respondent. In such circumstances, having regard to the fact that the petitioner has been working as Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara since 3.7.2010, I dispose of the writ petition with the following directions:

(i) The Travancore Devaswom Board shall consider Ext.P8 appeal submitted by the petitioner and take a decision thereon after affording the petitioner and the sixth respondent a reasonable opportunity of being heard. Final orders on Ext.P8 shall be passed within one month from the date on which the petitioner produces or the Secretary of the Travancore Devaswom Board otherwise receives a certified copy of this judgment.

(ii) Till such time, the petitioner shall be allowed to continue as the Melsanthi of Sree Krishna Swamy Temple, Neyyattinkara, if as on today he has not been relieved from the said temple.

(iii) The contentions of the petitioner as well as the sixth respondent on the merits are kept open.