M. LAKSHMANA KUMAR Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) The petitioners who are devotees of Sree Parukanchery Bhagavathy Temple claim that they are office bearers of the committee constituted for the purpose of conducting festival for the current year in the said temple. According to them, the first petitioner is the President of the said committee and the second petitioner is its Secretary. They filed this writ petition seeking quashment of Ext. P7 and a declaration that the committee subsequently constituted on 25.1.2020, headed by respondents 8 to 15, for the purpose of conducting the same festival is illegal as the same is the result of fraud and collusion. The further prayer in the writ petition is to issue a writ of mandamus commanding the first respondent to consider Ext. P12 complaint and to conduct an enquiry against the 3rd and 4th respondents and also to pass appropriate orders at the earliest. The circumstance and situation that constrained the petitioners to approach this Court seeking the aforesaid reliefs require a succinct narration.

(2.) According to the petitioners, Ext. P4 notice dated 19.12.2019 was issued by the Manager of the aforesaid Devaswom for the purpose of constituting a new committee to conduct the festival for the year 2020. It is their further contention that subsequently, a meeting of the devotees was convened on 5.1.2020 and an Executive Committee was found for the aforesaid purpose. It is also their case that subsequent to the formation of the said committee with them as the President and Secretary respectively, for the purpose of starting preparatory arrangements for the festival, a bank account was opened and later Ext. P6 cheque dated 14.1.2020 for an amount of Rs. 25,000/- was given by the Devaswom in the name of the committee. They were taken aback when Ext. P7 was issued by the 4th respondent, the Assistant Commissioner of Malabar Devaswom Board to the Manager of the Devaswom, requiring him to convene a meeting for the purpose of constituting another committee for the conduct of the aforesaid festival. In compliance with Ext. P7 the Manager issued Ext. P8 letter dated 23.1.2020 for the purpose of constituting such a committee. Thereupon, a meeting was convened on 25.1.2020. The petitioners produced the minutes of the said meeting held on 25.1.2020 as Ext. P9. It is their allegation that in Ext. P9 the 7th respondent, who is the Chairperson of the Board of Trustee, was made to put her signature. Furthermore, it is contended by them that Ext. P9 would got to show that pages 4 and 5 of the said minutes were kept blank and it was filled up only later. In short, according to them, a bare perusal of Exts. P9 and P10 would substantiate the said contention. They have produced Ext. P11 lawyer notice to contend that respondent No. 8 is a person against whom allegation of misappropriation of fund has been made in relation to collections effected for the temple. Raising all such contentions, they made a complaint before the Commissioner of Malabar Devaswom Board viz., the 2nd respondent and it is dated 29.1.2020. Normally, this Court would not have entertained the writ petition carrying a grievance of inaction on a representation or a complaint moved only a couple of days prior to the filing of the writ petition. This is because the parties are not supposed to rush to the court after making a representation or a petition without giving breathing time to the authorities concerned to consider the representation/complaint preferred by them. Still, we are inclined to entertain this writ petition taking note of the fact that the very constitution of the committee is for conducting the festival for this year, in a temple and that is to be commenced from 1.3.2020. If the dispute regarding the constitution of the committee is not settled at the earliest proper arrangements to conduct the festival from 1.3.2020 would become very difficult. Evidently, besides the authorities of Malabar Devaswom Board certain private persons are also impleaded as parties to this writ petition. However, in view of the order which we propose to pass in this writ petition, in view of the fact that we are not proposing to pass any orders adverse to said party/parties and also taking note of the fact that settlement of the disputes in the matter of constitution of the committee at the earliest is inevitable for the smooth conduct of the festival in the aforesaid Temple from 1.3.2020 we are of the view that notice need not be issued to the private respondents. In short, we are inclined to dispose of this writ petition, without making any observation touching the merits of the contentions raised in Ext. P12, on the following lines:-