THIRUMANI VENKITAPURAM SREERAMASWAMY TEMPLE ADVISORY COMMITTEE Vs. STATE OF KERALA TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, namely, Thirumani Venkitapuram Sreeramaswamy Temple Advisory Committee, a Temple Advisory Committee constituted under Sec. 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to include Thirumani Venkitapuram Sreeramaswamy Temple in the 'Koodipooja' scheduled to be held on 27/11/2021, and to perform the customary procession in terms of Ext.P2 circular dtd. 18/11/2008 issued by the 1st respondent Travancore Devaswom Board.

(2.) On 24/11/2021, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to file statement on behalf of the 3rd respondent. The statement filed by the learned Standing Counsel, on behalf of respondents 1 to 5, was placed on record on 25/11/2021. The petitioner filed I.A.No.1 of 2021, seeking an order to implead the State of Kerala and also the District Collector, Kottayam as additional respondents 6 and 7 and that application was allowed as prayed for.

(3.) On 25/11/2021, the learned Senior Government Pleader, on instructions, submitted that based on Annex.R1(b) request made by the 3rd respondent Deputy Devaswom Commissioner, the additional 7th respondent District Collector has already granted permission to have nine elephants for the 'Koodipooja'. The learned Standing Counsel for Travancore Devaswom Board submitted that in view of the decision taken by the District Collector, Thirumani Venkitapuram Sree Ramaswamy Temple can also be included in 'Koodipooja', which is scheduled to be held on 27/11/2021, to perform customary procession in terms of Ext.P2 circular, subject to the condition that they have to procure elephant, after complying with the statutory requirements and that, the entire expenses in this regard shall be borne by them. The learned Standing Counsel pointed out that Sri.M.K.Muraleedharan Nair, the President of the Thirumani Venkitapuram Sree Ramaswamy Temple Advisory Committee, had participated in the meeting held on 11/11/2021, as evidenced by Annex.R1(a) minutes, and the said fact is not disclosed in this writ petition, which is one filed by the Temple Advisory Committee represented by its Secretary.