IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 25^TH DAY OF FEBRUARY 2022 / 6TH PHALGUNA, 1943 WP(C) NO. 22550 OF 2020 PETITIONER:

GIREESH V.M., AGED 32 YEARS, S/O. NARAYANAN NAMBOODIRI, EXECUTIVE OFFICER, KURUMATHOOR ILLAM DEVASWOM, P.O. KURUMATHUR, TALIPARAMBA, KANNUR 670 142.

BY ADVS. SRI.MAHESH V.RAMAKRISHNAN &

SMT.MARY LIYA SABU RESPONDENTS:

1 THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, HOUSE FED COMPLEX, P.O. ERANJIPALAM, KOZHIKODE 673 006.

2 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX P.O. ERANJIPALAM, KOZHIKODE 673 006.

3 THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KASARAGOD DIVISION, P.O. NILESWARAM, KASARAGOD 671 314.

4 THE HEREDITARY TRUSTEE, KURUMATHOOR ILLAM, DEVASWOM, P.O. KURUMATHUR, TALIPARAMBA, KANNUR 670 142.

ADV. SRI.R.LAKSHMI NARAYAN FOR R1 TO R3 ADV. SRI.K.PRAMOD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

25.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

(C.R.)

ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

===============================================

W.P.(C) No. 22550 of 2020 ===============================================

Dated this the 25^th day of February, 2022 J U D G M E N T ALEXANDER THOMAS, J.

The prayers in the afore captioned Writ Petition (Civil) are as follows:

" i.

To declare that the petitioner is entitled to get the salary from the Management Fund, like any other employee of Kurumathur Illam Group Devaswam;

ii.

To issue a writ of Mandamus or any other appropriate writ, order or direction, to direct the Respondents 1 to 3 to pay the salary due to the petitioner along with arrears from the Management Fund of the Malabar Devaswom Board considering Ext.P-6 representation.

iii.

For all the costs of the Writ petition.

iv.

For such other and further reliefs, that are deem fit under the circumstances of the case."

2. Heard Sri.Mahesh V.Ramakrishnan, learned counsel appearing for the petitioner, Sri.R.Lakshmi Narayan, learned Standing Counsel for the Malabar Devaswom Board, appearing for respondents 1 to 3 and Sri.K.Pramod, learned counsel appearing for R-4 (Temple Trustee).

3. This case has come before us on the basis of an order of reference rendered on 5.2.2021 by the learned Single Judge in this WP(C). The relevant part of that reference order, more particularly those contained in paras 7 to 9 thereof, reads as follows:

"7. The learned counsel for the petitioner immediately seeks to draw a distinction between the executive officers appointed by a trustee and executive officers appointed by the Commissioner. It is submitted that the distinction has not been considered in Ext.R1 (2) judgment. It is stated that in the case of executive officers appointed by the Commissioner, they are liable to be transferred to other Devaswoms as well and they are also given additional charge of several temples and they have been permitted to draw their salary from the temples which have financial capacity to make such payments. It is contended that since the petitioner is a temple employee appointed by the trustee, there is no such option available to the petitioner and the petitioner cannot be appointed in any other temple. It is contended that if the petitioner is put in charge as executive officer of any other temple under the Malabar Devaswom Board, the petitioner is willing to work and to draw salary from such temple where the financial situation permits.

8. Having considered the contentions advanced on either side, I find that the petitioner is undoubtedly an executive officer appointed by the trustee. The petitioner's name has also been included in the schedule of establishment of the religious institution concerned. Going by the specific provisions of Ext.R1(1), temple employees would be eligible for financial assistance from the Fund. I am, therefore, prima facie of the view that the petitioner would be entitled to assistance from the Temple Management Fund.

9. However, in a