IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34863 of 2009(C)
1. AJI VELIKKADU,
... Petitioner
2. ASHOK KUMAR, S/O.SADASIVAN PILLAI,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE TRAVANCORE DEVASWOM BOARD,
3. THE DEVASWOM COMMISSIONER,
4. THE ASSISTANT DEVASWOM COMMISSIONER,
5. THE ADMINISTRATIVE OFFICER,
6. THE DEPUTY DEVASWOM COMMISSIONER,
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :SRI.K.N.VENUGOPALA PANICKER, SC, TDB
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :15/01/2010
O R D E R
P.R. RAMAN & P.S. GOPINATHAN, JJ.
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W.P.(C) NO. 34863 OF 2009
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DATED THIS, THE 15TH DAY OF JANUARY, 2010.
J U D G M E N T
Raman, J.
Removal of the Temple Advisory Committee on serious misconduct,
has lead to the filing of this writ petition by the removed Committee. The
Ombudsman has submitted a report pointing out certain aspects. It is an
admitted fact that serious allegations of misappropriation and irregularity in
the matter of maintaining accounts are found against the previous
committee. But no notice of hearing was given. If the Temple Advisory
Committee is removed for any other reason, it is not as though such notice
is contemplated under law since the constitution of the Advisory Committee
is mainly to assist the Devaswom in the administration of the temple affairs.
Therefore, there may not be any vested right as such. But when somebody
is accused of having committed misappropriation, a notice could have been
given by the Commissioner. However, in the absence of any such vested
right and the removal is only from a Temple Advisory Committee, we do
not think that the matter requires further consideration, but the reasons
WP(C) 34863/2009 2
stand vacated as the finding is without notice.
Therefore, while the removal of the committee is not interfered with,
the finding is vacated and in case the Commissioner feels that finding has to
be sustained for valid reasons, then he may issue notice and afford an
opportunity to the petitioner.
The writ petition is disposed of as above.
P.R. RAMAN, JUDGE.
P.S. GOPINATHAN, JUDGE.
KNC/-