GOVINDANKUTTY Vs. COMMISSIONER MALABAR DEVASWSOM BOARD, KOZHIKODE

JUDGEMENT

(1.) This writ petition is filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to implement Ext.P18 decision dtd. 2/3/2016 of the Assistant Commissioner, Malabar Devaswom Board and a writ of mandamus commanding the respondents to reinstate the petitioner as Velichapad in Sree Palathara Bhagavathy Temple, Kadampazhipuram, Palakkad District, in terms of Ext.P18 decision.

(2.) The case of the petitioner is that he was appointed in the year 2005 as Velichapad of Sree Palathara Bhagavathy Temple, Kadampazhipuram, which is a controlled institution under the Malabar Devaswom Board, following all the procedures. Alleging that the petitioner prevented the 'Kalasam', some committee members demanded the petitioner to contribute a sum of Rs.50,000.00, threatening that his service would be otherwise terminated. Finally, the petitioner had to pay a sum of Rs.50,000.00 to which he was issued with Ext.P2 acknowledgement dtd. 17/3/2010 in the letter pad of the committee. On 28/3/2010 the President of the temple committee issued Ext.P3 charge memo raising some allegations against the petitioner, to which he submitted Ext.P4 reply dtd. 6/4/2010. The petitioner was not even allowed to enter the temple to offer the prayer. Hence the petitioner filed W.P.(C)No.22173 of 2010 before this Court in which an interim order dtd. 29/7/2010 was passed permitting the petitioner to enter the temple for worship. On 15/9/2010 the Division Bench of this Court passed an order directing the Malabar Devaswom Board to consider the question relating to taking over the temple. Later, orders have been passed by this Court allowing the parties to participate in the proceedings before the 2nd respondent Deputy Commissioner. On 23/12/2011, the 2nd respondent passed Ext.P10 order declaring the temple as a public temple. In that order, certain findings were made against the committee and the President and found that there was total mismanagement of the temple by the committee. In view of Ext.P10 order, this Court passed Ext.P11 judgment dtd. 13/6/2012 in the writ petition filed by the petitioner. Challenging Ext.P10, the President of the committee filed an appeal before the 1st respondent Commissioner as A.P. No.3 of 2012. On 13/3/2013 the 1st respondent passed Ext.P12 order remanding back the matter to the 2nd respondent. The petitioner again approached this Court by filing W.P.(C)No.11322 of 2013 wherein Ext.P14 judgment dtd. 1/7/2015 was passed holding that the petitioner shall be readmitted on duty as a Velichapad in the temple in question in obedience to the order of the Commissioner dtd. 13/3/2013. Since the direction in Ext.P14 judgment was not complied, the petitioner filed Cont. Case No.107 of 2016 against the 3rd respondent President of the Temple. Thereafter, on 11/12/2015, the 2nd respondent Deputy Commissioner issued Ext.P15 communication to the 3rd respondent to reinstate the petitioner as a Velichapad. The President of the temple filed R.P. No.106 of 2016 in W.P.(C)No. 11322 of 2013 and the said R.P. was disposed of by Ext.P16 order dtd. 24/5/2017 directing the parties to appear in the temple premises at 10.00 a.m. on 29/5/2017 and fix a date for beginning the rituals. In obedience to that direction, the petitioner went to the temple premises at 9.00 a.m. on 29/5/2017 accompanied by certain other persons. However, the President of the temple committee and the concerned persons required for commencing the rituals that are to be performed for reinstating the petitioner as a Velichapad did not come to the temple. Mentioning all these aspects, the petitioner submitted Ext.P17 application dtd. 5/6/2017 in the R.P. On 2/3/2016, the Assistant Commissioner, Malabar Devaswom Board issued Ext.P18 order directing to reinstate the petitioner in service. But so far he has not been reinstated and hence he filed the above writ petition.

(3.) The 3rd respondent filed a counter affidavit dtd. 21/2/2018 denying the averments in the writ petition and producing therewith Exts.R3(a) to R3(h) documents.