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2025 Supreme(Online)(KER) 13747
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
A.RAJESH SANTHIKKARAN | N.R.RAMAN NAMBOODIRI | LISHA RAMATH | GURUVAYUUR DEVASWOM EMPLOYEES UNION CONGRESS | GURUVAYUR DEVASWOM SECURITY EMPLOYEES UNION CONGRESS – Appellant
Versus
STATE OF KERALA | GURUVAYUR DEVASWOM MANAGING COMMITTEE | CHAIRMAN GURUVAYUR DEVASWOM MANAGING COMMITTEE | ADMINISTRATOR GURUVAYUR DEVASWOM | GURUVAYUR DEVASWOM EMPLOYEES ORGANISATION | GURUVAYUR DEVASWOM EMPLOYEES FEDERATION – Respondent
WP(C) 11594/2017
For the Appellants/Petitioners: SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN
For the Respondents: GOVERNMENT PLEADER T.K.VIPINDAS, SRI.ASHWIN SETHUMADHAVAN, SMT.GIRIJA K GOPAL, SRI.A.JAYASANKAR, SRI.MANU GOVIND, SMT.B.MEERA, SRI.S.SABARINADH, SMT.K.N.VIGY
A writ of certiorari may be issued if a governmental action is found to be illegal and beyond jurisdiction, as per the provisions of relevant statutes.
Headnote:The writ petition sought to quash Ext. P4 as illegal and ultravires the Guruvayur Devaswom Act 1978. The court acknowledged the government's withdrawal of Ext. P4 and noted that further consideration was unnecessary. Thus, the petition was closed without further orders.
JUDGMENT
The writ petition is filed with the following prayers:
“ (i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for Ext. P4 and quash the same.
(ii) Declare that action evidenced by Ext. P4 is illegal and ultravirus the provisions of Guruvayur Devaswom Act 1978 and without jurisdiction.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 to 4 not to act upon Ext. P4 while implementing the Guruvayur Devaswom Employees Regulations 1983 as amended by Ext. P3.
(iv) Issue such other and further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
(v) award costs to the petitioners” [SIC]
2. Ext. P4, which is the subject matter of the writ petition, stands withdrawn by the Government as per Ext.R1(b) letter dated 21.11.2024.
3. The averments made in the affidavit dated
25.02.2025 filed by the Joint Secretary, Revenue (Devaswom - A) Department, are recorded. Nothing further remains to be considered in this writ petition and the same is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE mea APPENDIX OF WP(C) 11594/2017 RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE LETTER DATED 13/05/2024 OF GURUVAYOOR DEVASWOM EMPLOYEES ORGANIZATION EXHIBIT R1(b) TRUE COPY OF THE LETTER NO.REV-DEV1/164/2017-
REV DATED 21/11/2024 PETITIONER EXHIBITS :
EXHIBIT P1 COPY OF THE JUDGMENT DATED 22.07.2014 IN W.P.C.NO. 21979/2013 OF THIS HON'BLE COUT EXHIBIT P2 COPY OF THE ORDER DATED 25.06.2015 IN I.A.
NO. 8743/2015 IN W.P.(C) NO. 21979/2013 OF THIS HON'BLE COURT.
EXHIBIT P3 COPY OF THE REGULATIONS AMENDED UPTO TO
16.10.2015 ALONG WITH THE PROCEEDINGS NO.
25966/DEV.2/2015/RD DATED 16.10.2015 ISSUED BY THE GOVERNMENT.
EXHIBIT P4 COPY OF THE PROCEEDINGS VIDE NO.
43047/DB.1/2016/RD DATED 19.11.2016 OF THE
1ST RESPONDENT.
EXHIBIT P5 COPY OF REPRESENTATION SUBMITTED BY 5TH RESPONDENT BEFORE THE MINISTER FOR DEVASWOM ON 05.11.2016.
EXHIBIT P6 COPY OF THE REPRESENTATION SUBMITTED BY 6TH RESPONDENT BEFORE THE MINISTER FOR DEVASWOM ON 05.11.2016.
EXHIBIT P7 COPY OF THE RESOLUTION NO.22 DATED 08.01.2017 OF THE 2ND RESPONDENT MANAGING COMMITTEE.
EXHIBIT P8 COPY OF THE NOTICE VIDE REF. NO. B1-6241/11 DATED 16.03.2017 ISSUED BY THE MANAGING COMMITTEE TO THE PETITIONERS.
EXHIBIT P9 COPY OF THE WRITTEN OBJECTION DATED
25.03.2017 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT.
// True Copy // PA To Judge //
