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Kerala firm on action against devaswom commissioner

Government initiates legal steps against Raja Prasad for cancelling non-Brahmin priest's transfer.

ALAPPUZHA: Even though non-Brahmin priest S. Sudhikumar, joined Chettikulangara as ‘Keezhsaanthi’ after a three-month long standoff between the government and Travancore Devaswom Board (TDB), some issues have remained unresolved. The government is firm on taking action against Devaswom Commissioner who nullified the transfer order of Sudhikumar as he was non- Brahmin. The government is initiating legal steps against C.P. Rama Raja Prema Prasad, the commissioner, who was in the eye of a storm, after he shelved the transfer order issued by assistant commissioner of Mavelikara.
The TDB did not discuss the steps to be taken against the commissioner in the last meeting.

Devaswom minister Kadakampally Surendran on Thursday told this newspaper that the devaswom commissioner can’t get away with such a crime like contempt of Supreme Court verdict. “TDB has underscored his crime by reversing his order. So he has to face the music,” the minister said. On Wednesday, on his Facebook post the minister said that he had directed the Devaswom secretary, K.R. Jyothilal, to “correct” the TDB order that cancelled Sudhikumar's appointment as a priest at the temple. It was on September 2 the law secretary ruled that the order stalling Sudhikumar’s transfer order to Chettikulangara temple as Keezhsaanthi was illegal.

Following that the devaswom department had moved a file (324/ Devaswom II/17/ Revenue) seeking further proceedings in this regard to home department. Officials in devaswom and home department refused to confirm the file’s whereabouts or if any steps were taken regarding the file documents. Minister Surendran also refused to talk about the particular file when he was asked about it on Thursday. In fact Mr Prasad issued an order considering a letter of Chettikulangara temple Thantri Plakkudy Unnikrishan Namboodiri at a time when Supreme Court verdict in 2002 (N. Adhitiyan vs TDB) ruled that “even any proof of custom or usage existence in pre constitutional days cannot be countenanced as a source of law to claim any rights”.

Apart from this, the apex court in a case between Tamil Nadu government and Meenakshi temple in Madurai on December 17, 2015 said: “Requirement of constitutional conformity is inbuilt and if a custom or usage is outside the protective umbrella afforded and envisaged by Articles 25 and 26 (right to practice and profess any religion), the law will certainly take its own course. Constitutional legitimacy, naturally, must supersede all religious beliefs or practices.”

Earlier on September 8 Devaswom Secretary K R Jyothilal had served a show cause notice to Commissioner, directing him to uphold the transfer of Sudhikumar to Chettikulangara. Mr Prasad had earlier claimed that grudge of law secretary against him was the motive behind the law opinion against him. Mr Prasad had served as Law Secretary (from July 21, 2011 to February 28, 2015) prior to Hareendranath. Ironically during Mr Prasad’s tenure the government had issued directions to all devaswom boards in the state to carry out their recruitment process without discrimination on the basis of caste.

( Source : Deccan Chronicle. )
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