Travancore Devaswom Employees' Sangh v. Travancore Devaswom Board and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 7[TH] DAY OF OCTOBER 2022 / 15TH ASWINA, 1944 ``` ## **`W.P.(C)NO.23389 OF 2021`** ``` PETITIONER: ``` ``` TRAVANCORE DEVASWOM EMPLOYEES' SANGH, MASDHOOR BHAVAN, THALYIL ROAD, KARAMANA, THIRUVANANTHAPURAM, PIN-695 002, REPRESENTED BY ITS GENERAL SECRETARY, T.RAKESH, AGED 44 YEARS, S/O. THULASIDHARAN NAIR, RESIDING AT GOUREESAM, CHIRANDRANLLOOR, PEROOR P.O., KILLIMANNOOR, THIRUVANANTHAPURAM,PIN-695 601 ``` ``` BY ADV S.JAYAKRISHNAN ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN-695 003, REPRESENTED BY ITS SECRETARY`** - **`2 THE ELECTION BOARD, TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS CHAIRMAN, DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, DISTRICT, PIN-695 003`** - **`3 THE RETURNING OFFICER, THE ELECTION BOARD, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN-695 003`** - **`4 H.KRISHNAKUMAR, DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION) AND`** 2 W.P(C)Nos.23389 of 2021 ``` PERSONAL ASSISTANT OF THE ELECTION BOARD CHAIRMAN, THE ELECTION BOARD, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT,PIN-695 003 ``` - **`5 P.K.LEKHA,`** - **`ASSISTANT RETURNING OFFICER, THE ELECTION BOARD, TRAVANCORE DEVASWOM BOARD, DIRECTOR , CULTURAL AND ARCHAEOLOGICAL DEPARTMENT, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT,PIN-695 003`** - **`6 TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION, STATE COMMITTEE OFFICE, DEVASWOM BOARD JUNCTION, NANTHANCODE, KAWADIYAR P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 003, REPRESENTED BY ITS GENERAL SECRETARY`** - **`7 TRAVANCOE DEVASWOM EMPLOYEES FEDERATION, HEAD OFFICE, DEVASWOM BOARD JUNCTION, NANTHANCODE, KAWADIYAR P.O., THIRUVANANTHAPURAM DISTRICT, PIN695 003, REPRESENTED BY ITS GENERAL SECRETARY`** - **`8 TRAVANCORE DEVASWOM EMPLOYEES FRONT, HEAD OFFICE, DEVASWOM BOARD JUNCTION, NANTHANCODE, KAWADIYAR P.O., THIRUVANANTHAPURAM DISTRICT, PIN695 003, REPRESENTED BY ITS GENERAL SECRETARY`** ``` BY ADVS. SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD P.RAMAKRISHNAN P.GOPAL PREETHI RAMAKRISHNAN (P-212) T.C.KRISHNA C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P(C)Nos.23389 of 2021 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, namely, Travancore Devaswom Employee’s Sangh, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 notification dated 01.10.2021 issued by the 2[nd] respondent calling for a referendum to grant recognition to the union of Devaswom employees under the 1[st] respondent Travancore Devaswom Board; to issue a writ of certiorari to quash Exts.P7 and P8 orders issued by the 1[st] respondent; to issue a writ of mandamus commanding respondents 1 to 3 to postpone the referendum and declare the results proposed to be held on 28.10.2021 and 30.10.2021 to a convenient date on account of the disturbed tragic situation in the State; to issue a writ of mandamus commanding the 2[nd] respondent to consider and pass orders on Ext.P6 representation, as expeditiously as possible, after affording an opportunity of being heard. 2. On 27.10.2021, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for Travancore Devaswom Board took notice for 4 W.P(C)Nos.23389 of 2021 respondents 1 to 3. Urgent notice by speed post was ordered to respondents 4 to 8, returnable within three weeks. The order of this Court dated 27.10.2021 reads thus; “The interim relief sought for in this writ petition is an order directing respondents 1 to 3 to postpone the referendum scheduled to be held on 28.10.2021 and the declaration of results scheduled to be held on 30.10.2021, pursuant to Ext.P2 notification dated 01.10.2021 issued by the 1[st] respondent Travancore Devaswom Board. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, it is made clear that the conduct of referendum on 28.10.2021 and declaration of results will be subject to the outcome of this writ petition.” 3. On 07.12.2021, the 6[th] respondent has filed a counter affidavit opposing the relief sought for in this writ petition. 4. On 01.04.2022, when this writ petition came up for consideration, this Court has passed the following order; “The document produced as Ext.P1 is a copy of the proceedings dated 29.04.2021 bearing No.ROC No.1031/08/Est-I of the 1[st] respondent Travancore Devaswom Board. In the writ petition, the said document is marked as “True copy of relevant page of R.O.C.No.1031/08/Est-I dated 29.04.2021 passed by the 1[st] respondent”. The said document is incomplete, which cannot 5 W.P(C)Nos.23389 of 2021 be permitted to be marked as an exhibit in a writ petition. The learned Standing Counsel for Travancore Devaswom Board has handed over for the perusal of this Court, a copy of the said document, having only two pages. The learned Standing Counsel to produce the said document along with a memo.” 5. On 06.04.2022, when this writ petition came up for consideration, this Court has passed the following order; - “……..Paragraph 5 of the affidavit dated 01.04.2022 sworn to by the petitioner in support of I.A.No.1 of 2022 reads thus; “5.I most humbly appologise for not producing the full copy of the document which was marked as Ext.P1. There were neither any willful latches nor any deliberate omission on my part in producing only the relevant portion of Ext.P1 and the same may kindly be excused.” 6. Today, when this matter is taken up for consideration, the learned counsel for the petitioner would submit that that reliefs sought for in this writ petition have become infructuous and therefore, it may be dismissed as infructuous. 7. As stated by Scrutton, L.J, in **R. v. Kensington Income Tax Commissioners [(1917) 1 K.B. 486]** , an applicant who does not come with candid facts and ‘clean breast’ cannot hold a writ of the court with ‘soiled hands’. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, 6 W.P(C)Nos.23389 of 2021 manoeuvring or misrepresentation, which has no place in equitable and prerogative jurisdiction. 8. In **Prestige Lights Limited v. State Bank of India** **[(2007) 8 SCC 449]** the Apex Court reiterated that a prerogative remedy is not a matter of course. Therefore, in exercising extraordinary power, a writ court will indeed bear in mind the conduct of the party who is invoking such jurisdiction. If the applicant does not disclose full facts or suppress relevant materials or is otherwise guilty of misleading the court, the Court may dismiss the action without adjudicating the matter. This rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of court by deceiving it. The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the writ courts would become impossible. 9. In **Prestige Lights Limited** the Apex Court held further that, under Article 226 of the Constitution of India, the High Court is exercising discretionary and extraordinary jurisdiction. Over and above, a Court of Law is also a Court of Equity. It is, therefore, of 7 W.P(C)Nos.23389 of 2021 utmost necessity that when a party approaches a High Court, he must place all the facts before the court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the court, the writ court may refuse to entertain the petition and dismiss it without entering into merits of the matter. In such circumstances, based on the submissions made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous; however, deprecating in the strongest words, the conduct of the petitioner in filing this writ petition without disclosing full facts. In the facts and circumstances of the case, considering the nature of contentions raised to challenge Ext.P2 notification, the conduct of the petitioner in filing this writ petition without disclosing full facts amounts to suppression of material facts from the notice of this Court, in view of the law laid down in the decisions referred to supra. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **P.G. AJITHKUMAR, JUDGE** MIN 8 W.P(C)Nos.23389 of 2021 ## **`APPENDIX OF WP(C) 23389/2021`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1 ``` ``` TRUE COPY OF RELEVANT PAGE OF R.O.C NO.1031/08/EST-I, DATED 29.04.2021 PASSED BY THE 1ST RESPONDENT ``` ``` Exhibit P2 TRUE COPY OF NOTIFICATION 1 R.O.C.NO.87/21/ESTC DATED 01.10.2021 ISSUED BY THE 2ND RESPONDENT. ``` ``` Exhibit P3 TRUE COPY OF THE LETTER NO.14 DATED 19.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ``` ``` Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL VOTER'S LIST ``` ``` Exhibit P5 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THAT THE 4TH RESPONDENT LEADING THE ELECTION CAMPAIGN FOR THE 6TH RESPONDENT -UNION ``` ``` Exhibit P5A TRUE COPY OF THE PHOTOGRAPH EVIDENCING THAT THE 5TH RESPONDENT LEADING THE ELECTION CAMPAIGN FOR THE 6TH RESPONDENT -UNION ``` ``` Exhibit P6 TRUE COPY OF REPRESENTATION DATED 19.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ``` ``` Exhibit P7 TRUE FULL COPY OF THE ORDER BEARING ROC NO. 1031/08/EST-1 DATED 29/04/2021 OF THE 1ST RESPONDENT ``` ``` Exhibit P8 TRUE COPY OF THE ORDER BEARING ROC NO. 1031/08/EST-1 DATED 12/11/2021 ISSUED BY THE 1ST RESPONDENT ``` 9 W.P(C)Nos.23389 of 2021 ## **`RESPONDENT EXHIBITS:`** ``` Exhibit R6(a) ``` ``` TRUE COPY OF THE RULES REGARDING SERVICE ASSOCIATION IN THE TRAVANCORE DEVASWOM BOARD, 1999 BY NOTIFICATION NO.ROC.4916/97/EST-I DATED 18.8.1999. ``` ``` Exhibit R6(b) ``` ``` TRUE COPY OF THE CIRCULAR, ROC.87/2021/EST-C DATED 3.9.2021 ISSUED BY THE DEVASWOM COMMISSIONER. ``` ``` Exhibit R6(c) TRUE COPY OF THE CIRCULAR, ROC.87/21/EST- C DATED 28.9.2021 ISSUED BY THE DEVASWOM COMMISSIONER. ``` ``` Exhibit R6(d) TRUE COPY OF THE CIRCULAR, ROC.87/21/EST- C DATED 11.10.2021 ISSUED BY THE DEVASWOM COMMISSIONER. ``` ``` Exhibit R6(e) TRUE COPY OF THE CIRCULAR, ROC.87/21/EST- C DATED 19.10.2021 ISSUED BY THE DEVASWOM COMMISSIONER. ```