GOPAKUMAR P. Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, who is a devotee of Thrippapoor Major Sree Mahadevar Temple, which is under the management of the 1st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 4 to conduct audit of accounts of the Temple Advisory Committee of that temple and a writ of mandamus commanding the 1st respondent to consider and take action on Ext.P6 report dtd. 15/8/2023 of the Sub Inspector of Police in the Vigilance Wing of the Travancore Devaswom Board, submitted before the 6th respondent Chief Vigilance and Security Officer (Superintendent of Police).

(2.) The petitioner along with three others had approached this Court in W.P.(C)No.20753 of 2023 raising various allegations against the Temple Advisory Committee of Thrippapoor Major Sree Mahadevar Temple. That writ petition was disposed of by Ext.P5 judgment dtd. 26/7/2023, in which the Temple Advisory Committee and its President and Secretary were arrayed as respondents 6 to 8. It is pursuant to the direction contained in Ext.P5 judgment that the 6th respondent Chief Vigilance and Security Officer (Superintendent of Police) conducted an enquiry, which is resulted in submission of Ext.P6 report dtd. 15/8/2023 before the said respondent. The grievance of the petitioner is that despite serious irregularities being noticed in Ext.P6 report, the 1st respondent Travancore Devaswom Board is yet to take any decision on that aspect.

(3.) Rule 148 of the Rules of High Court of Kerala, 1971 deals with addition of parties. As per Rule 148, all persons directly affected shall be made parties to the petition. Where such persons are numerous, one or more of them may with the permission of the court on application made of the purpose be impleaded on behalf of or for the benefit of all persons so affected; but notice of the Original Petition shall, on admission, be given to all such persons either by personal service or by public advertisement as the Court in each case may direct. As per the first proviso to Rule 148, where the State Government is a party the Secretary to the Government Department concerned shall be arrayed as party representing the Government. As per the second proviso to Rule 148, if the subject matter of the petition relates to two or more Government Departments or, if the petition is of such a nature, the disposal of which warrants information from two or more Government Departments, the Chief Secretary to Government and the Secretaries to those Government and the Secretaries to those Government Departments shall be made as party representing the Government.