P.R. Ramachandra Menon, J.

The grievance of the petitioner, who is the

Executive Officer of Sree Purakkadi Devaswom, is that

he was placed under suspension and that much prejudice

has been caused because of denial of salary. It is

pointed out that inadequacy of funds cannot be a reason

and that sufficient funds are available in the accounts

of the temple with the 5^th respondent Bank. According to

the petitioner, nearly a sum of Rs.8,90,683/- is due

to the petitioner as on 31.10.2018.

2. The main prayer in the writ petition is in the

following lines:

“i. To issue a writ of mandamus

or any other appropriate writ order or

direction, directing the respondents 1

to 3 to pay the entire arrears of

salary to the petitioner within a time

frame as may be ordered by this Hon'ble

Court.”

3. When the matter came up for consideration

before this Court along with two other connected

matters, a common order was passed on 07.12.2018 in

the following terms:

“It is brought to the notice of

this Court by the learned Standing

Counsel for the Malabar Devaswom Board

that the issue with regard to the

reinstatement of the petitioner, as

sought for in W.P(C)38471/2018 very

much forms the subject matter of

W.P(C)No.35048/2018, wherein an interim

order is passed permitting such

reinstatement. With regard to arrears

of salary as mooted in the other writ

petition, the learned Standing Counsel

submits that, by virtue of the

directions given by this Court in

Ext.P3 in W.P.(C)No.38398/2018, the

petitioner was required to file a

representation before the Board with

consequential directions to have the

same considered by the Board, despite

which no such representation has been

filed so far. The Board is required to

complete the proceedings. The learned

Standing Counsel adds that if the

petitioner files a representation as

directed in Ext.P3, the Board is very

much ready to have it considered

immediately, so as to redress the

grievance to the permissible extent.”

4. The learned counsel for the petitioner submits

that the petitioner has already moved the Commissioner

of Malabar Devaswom Board by filing Ext.P9

representation (produced along with I.A.1 of 2019) and

that the petitioner will be satisfied if a direction is

given to the Board to have it considered and disposed

of within a reasonable time.

5. The learned Standing Counsel for the Devaswom

Board submits that the stand of the Devaswom Board was

made clear, as taken note of by this Court in the order

dated 07.12.2018 and since the petitioner has moved the

Commissioner by filing a representation, it will be

caused to be considered and finalised in accordance

with law, for which two months' time is sought for.

6. In the above circumstance, the writ petition

is disposed of, directing the second respondent to

consider and pass appropriate orders on Ext.P9 in

accordance with law, after affording an opportunity of

hearing to the petitioner as well as the Trustee of the

temple, at the earliest, at any rate, within two

months, as aforesaid.

Sd/-P.R. RAMACHANDRA MENON,

JUDGE

Sd/- N. ANIL KUMAR,

JUDGE

lk

6

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE ORDER NO.A4-876/03

DATED 16/3/2004 ISSUED BY THE 3RD

RESPONDENT.

EXHIBIT P2

TRUE COPY OF ORDER DATED 20/5/2004

ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3

TRUE COPY OF THE JUDGMENT DATED

26/03/2018 IN W.P.(C) NO.2482 OF 2017.

EXHIBIT P4

TRUE COPY OF THE JUDGMENT DATED

09/07/2018 IN W.P.(C) NO.21579 0F 2018.

EXHIBIT P5

TRUE COPY OF THE ORDER DATED 23/10/2018

ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6

TRUE COPY OF THE RECEIPT DATED

26/10/2018 FOR TAKING CHARGE AS

EXECUTIVE OFFICER OF SREE PURAKKADI

DEVASWAM.

EXHIBIT P7

EXHIBIT P8

EXHIBIT P9

TRUE COPY OF THE INTERIM ORDER DATED

26/10/2018 IN W.P.(C) NO.35048 OF 2018.

TRUE COPY OF THE ORDER DATED 29/10/2018

ISSUED BY THE 2ND RESPONDENT TO THE

PETITIONER.

TRUE COPY OF THE REPRESENTATION DATED

10.12.2018 SUBMITTED BY TH