WP(C) NO. 17795 OF 2023 1 2025:KER:28941 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 17795 OF 2023 PETITIONER: K.SATHYABHAMA, AGED 56 YEARS W/O RAMESH, ARIYOOR P.O. MANNARKKAD, PALAKKAD –, PIN - 678583 BY ADVS. MAHESH V RAMAKRISHNAN PRAVEEN K.S. P.MEERA RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM –, PIN - 695001 2 THE MALABAR DEVASWAM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, P.O.ERANHIPALAM, KOZHIKODE –, PIN - 673006 3 THE COMMISSIONER MALABAR DEVASWAM BOARD, HOUSEFED COMPLEX, P.O.ERANHIPALAM, KOZHIKODE –, PIN - 673006 4 THE ASSISTANT COMMISSIONER , MALABAR DEVASWAM BOARD, PALAKKAD DIVISION, P.O.CIVIL STATION, PALAKKAD –, PIN - 678001 5 SREE ARYA NAMBI DEVASWOM REP. BY ITS CHAIRMAN, BOARD OF TRUSTEES, ARIYOOR P.O., MANNARKKAD, PALAKKAD –, PIN - 678583 WP(C) NO. 17795 OF 2023 2 2025:KER:28941 BY ADVS. R.RANJANIE K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA)(K/736/2011) PARVATHY KOTTOL - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17795 OF 2023 3 2025:KER:28941 JUDGMENT This is the 2nd round before this Court by the petitioner. The 1st writ petition, W.P.(C.) No.38562/2017 filed by the petitioner was disposed of by this Court with direction to the Chairman, Board of Trustees, Sri.Aarinambi Devaswom, Ariyoor P.O, Palakkad District, to allow the petitioner to continue in service untrammeled by the objections raised by the Malabar Devaswom Board against the selection, and this Court did not find any error in the selection and appointment of the petitioner as Executive Officer of the said Devaswom. A further direction was given to the Assistant Commissioner, Malabar Devaswom Board, Palakkad Division, to include the petitioner in the schedule of establishment of the temple within a period of one month from the date of the receipt of a copy of the judgment, and the 1st respondent Trustee was directed to ensure that all eligible salary and WP(C) NO. 17795 OF 2023 4 2025:KER:28941 emoluments were disbursed to her without any avoidable delay. 2. The petitioner was included in the establishment of the temple vide Ext.P4 order. However, her salary has been fixed at Rs.2200 - 3650/-. The learned counsel for the petitioner submits that fixing the salary at the aforesaid rate is contrary to Ext.P7, the Government Order, and the petitioner would like to approach the Commissioner, Malabar Devaswom Board, against Ext.P4 Order of the Assistant Commissioner fixing the salary at Rs.2200/-. 3. Ms.R.Ranjanie, learned counsel appearing for the Malabar Devaswom Board does not have much objection to such a prayer made by the learned counsel for the petitioner, and the learned counsel appearing for the Board of Trustees also does not have much objection to such prayer of the petitioner. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to approach WP(C) NO. 17795 OF 2023 5 2025:KER:28941 the Commissioner, Malabar Devaswom Board against the decision of the Assistant Commissioner in Ext.P4 regarding fixation of her salary on the post of Executive Officer of the temple and under Section 18 of Madras Hindu Religious and Charitable Endowments Act, 1951, and if the petitioner approaches the Commissioner within a period of 15 days from today, the Commissioner should decide the petitioner's case within a period of two months thereafter, after affording an opportunity of hearing to all concerned parties. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 17795 OF 2023 6 2025:KER:28941 APPENDIX OF WP(C) 17795/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT NO.1/ANBI/16 DATED 27-04-2016 ISSUED BY THE CHAIRMAN, BOARD OF TRUSTEES OF THE 5TH RESPONDENT TEMPLE. Exhibit P2 TRUE COPY OF THE LETTER NO.J5-5309/2017/MDB DATED 14-11-2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER . Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 17-03-2021 IN WP© NO. 38562 OF 2017. Exhibit P4 TRUE COPY OF THE ORDER NO.M6/1733/2021/MDB(K.DIS) DATED 26-07-2021 OF THE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.4. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.5. Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.716/2021/RD DATED 16-02-2021 ISSUED BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS Exhibit R5(a) True copy of the judgment in WP(C) No.8513/2013 dated 26.09.2014 of this Honourable Court Exhibit R5(b) True copy of the communication dated 28.04.2016 sent by the then Hereditary Trustee to the Assistant Commissioner Exhibit R5(c) True copy of the communication sent by the Commissioner dated 02.09.2017