IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18006 of 2009(U)
1. SURESH R.POTTY, MELSANTHI,
... Petitioner
Vs
1. THE CHIEF COMMISSIONER,
... Respondent
2. THE TRAVANCORE DEVASWOM BOARD,
3. THE ASSISTANT COMMISSIONER,
4. THE SUB GROUP OFFICER,
5. MOHANAN C.K., PRESIDENT,
6. GOPINATHAN.P., SECRETARY,
7. THRIPPAKKUDAM MAHADEVA
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :15/10/2009
O R D E R
P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ.
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W.P.(C) No. 18006 OF 2009
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Dated this the 15th October, 2009
J U D G M E N T
P.R. Raman, J:
This Writ Petition is filed seeking for a writ of mandamus
directing the first respondent to initiate action on Exts. P1 to P5
complaints and also on the report of the Assistant Devaswom
Commissioner, pursuant to Ext.P1 and initiate action to dissolve
the 7th respondent Samithy . Subsequently, an order was
passed by this Court on 24.09.2009, recording the submission
made by the learned Standing Counsel that Vigilance Enquiry
Report has been received and that the matter is under
consideration. Therefore, a further direction to initiate action is
not called for. However, regarding the dissolution of the
Samithy is concerned, we directed that if there is any move for
extension to the present Samithy, the same shall be granted,
after obtaining permission from this Court.
2. It is brought to the notice of this Court that subsequently
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the 7th respondent-Samithy has been dissolved and a new
Committee has been inducted. In the factual situation, no
further relief can be granted in this Writ Petition.
3. The petitioner has now filed I.A.No.12743 of 2009
bringing certain grievances to the notice of this Court and also
seeking for a new relief, viz., regarding the constitution of new
Samithy, which assumed the office after dissolution of the earlier
Samithy. According to him, some of the members inducted in
the new Samithy have some disqualification. This is not a
subject connected with the main relief sought for in the Writ
Petition for the reason that paragraph No.4 gives names of the
persons inducted in the new Samithy against whom some
enquiry is pending. On a cursory glance, it can be seen that
many of them are not made parties in the Writ Petition since
that Writ Petition was filed against the erstwhile Samithy. In
the said circumstances, the prayer made in the I.A.No. 12743 of
2009 cannot be granted, which will not sub serve the main relief
sought for in the Writ Petition. However, it is open to the
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petitioner to ventilate the grievances raised in the I.A. No.12743
of 2009 by filing an appropriate Writ Petition, if so advised.
The Writ Petition is accordingly closed.
P.R. RAMAN,
JUDGE.
P.R. RAMACHANDRA MENON,
JUDGE.
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