IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33819 of 2010(B)
1. P.M.JANARDHANAN, S/O. ACHUTHAN,
... Petitioner
2. P.P.MADHAVAN, S/O. ANANDAN,
3. M.P.SUGUNAN, S/O. KUNHAPPA, AGED 67 YRS,
Vs
1. THE COMMISSIONER,
... Respondent
2. P.M.MUKUNDAN MADAYAN,
3. THE SECRETARY,
For Petitioner :SRI.V.T.MADHAVANUNNI
For Respondent :SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/11/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.33819 of 2010
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Dated this the 18th day of November, 2010
J U D G M E N T
The petitioners are retired employees of Parassini
Madappura Sree Muthappan Temple, Kannur. They are
members of the Malabar Devaswom Employees Welfare
Fund. After retirement, the petitioners have been
requesting for disbursing pension and gratuity due to them
as members of the Malabar Devaswom Employees Welfare
Fund. The same is not being paid by the respondents is the
grievance of the petitioners in this writ petition. The
petitioners therefore seek the following reliefs:
“a) That this Hon’ble Court be pleased to issue a writ of
Mandamus or a writ in the nature of Mandamus or any
other appropriate writ or direction under Article 226 of
the Constitution of India to the respondents No.1 and 3
to pay pension and gratuity to the petitioners forthwith.”
The learned standing counsel appearing for the
Malabar Devaswom Board submits that, large amounts are
due towards contribution towards the Fund from the trustee
of the Devaswom, without receiving which, the Board is not
W.P.(C)No.33819 of 2010
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in a position to disburse retirement benefits due to the
petitioners. He further submits that, the trustee has filed
W.P.(C) No.31790/2008, in which this court had passed an
interim order against recovery of the contribution amounts
due from the trustee. However he admits that, on
11.11.2010, the order was modified by the Division Bench
directing the trustee to deposit 50% of the amounts due
towards contributions and therefore the retirement benefits
due to the petitioners can now be disbursed. Accordingly,
this writ petition is disposed of with a direction to the
respondents 1 & 3 to disburse the retirement benefits due
to the petitioners as expeditiously as possible, at any rate
within a period of two months from the date of receipt of a
copy of this judgment.
S. SIRI JAGAN
JUDGE
shg/