IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10850 of 2007(N)
1. VIJAYAKUMAR P.C.,
... Petitioner
Vs
1. TRAVANCORE DEVASWOM BOARD,
... Respondent
2. DEVASWOM COMMISSIONER,
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :28/03/2007
O R D E R
K.K.DENESAN, J.
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WP(C).No. 10850 OF 2007 N
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Dated this the 28th March, 2007.
JUDGMENT
The petitioner is working as Deputy Devaswom
Commissioner in the service of the first respondent. The
immediate provocation for the petitioner to approach this
Court is the order issued by the Secretary of the
respondent-Devaswom directing the Devaswom Commissioner to
recover differential amount in the auction conducted for
allotting plots of land temporarily by granting licence and
to initiate action against the delinquent officers based on
the enquiry to be conducted. Ext.P9 shows that there was a
reduction of Rs.7,42,150/- in the auction amount for the
current year when compared to the previous year.
2. Standing counsel for the respondents submits that
action pursuant to Ext.P9 will be taken strictly in
conformity with the procedure prescribed therefor and the
writ petition challenging Ext.P9 is liable to be dismissed
as premature.
3. From a reading of Ext.P9 it is possible to
entertain an apprehension that the Devaswom Commissioner
has been directed by the respondent-Board to take such
action as is necessary to recover the differential amount
from some of the officers including the Deputy Devaswom
WPC 10850/2007 2
Commissioner. Since the counsel for the respondents
submits that without issuing notice and without following
the procedure prescribed by law, no adverse action will be
taken against the petitioner or for that matter against any
other person concerned, I think the writ petition can be
disposed of recording that submission. This will be relief
for the petitioner, for the time being. Accordingly the
writ petition is disposed of directing the respondents to
take action, if any, pursuant to Ext.P9 only after issuing
notice to the persons concerned considering explanation or
written statement of defence, if any, filed in reply to
that and following the procedure prescribed by the rules.
K.K.DENESAN
Judge
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