N.V.GANAPATHI NAMBOOTHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Travancore Devaswom Board to conduct an enquiry under Sec. 38 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and proceed under Sec. 37 to make proper arrangements for effective management of Kombanad Sree Dharma Sastha Temple; to take appropriate action as per the directions contained in the decision of the Apex Court in Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667] - order dtd. 5/7/2018 in W.P.(C)No.649 of 2018 and take back the administration of Kombanad Sree Dharma Sastha Temple from the 4 th respondent SNDP Sakha No.893 and appoint an appropriate authority to administer the affairs of that temple; and direct the 3 rd respondent District Judge, Ernakulam to consider Ext.P6 petition dtd. 27/2/2023 in terms of the direction contained in the decision of the Apex Court in Mrinalini Padhi [2018 SCC OnLine SC 667] and file a report before this Court, after conducting an enquiry.

(2.) W.P.(C)No.29370 of 2023:- This writ petition is one filed by Pariyarathappan Kshethra Chaithanyarjjava Paripalana Sabha, seeking a writ of mandamus commanding the 3rd respondent District Judge, Thalassery, to dispose of Ext.P7 petition dtd. 20/9/2021 made by the petitioner, in terms of the directions contained in Ext.P6 order dtd. 5/7/2018 of the Apex Court in Mrinalini Padhi [2018 SCC OnLine SC 667] and file a report before this Court; a writ of certiorari to quash Ext.P10 notice dtd. 15/3/2023 issued by the Secretary of the 4th respondent Mattannur Municipality, whereby the President and Secretary of the 5th respondent Sree Subrahmanya Kshethra Seva Samithi are required to stop the constructions being made in Pariyaram Sree Subrahmanyaswamy Temple and intimate the same to the office of the Municipality, within 7 days from the date of receipt of that notice, and Ext.P11 notice dtd. 3/8/2023 issued by the Secretary of the 4th respondent Municipality, whereby the President/Secretary of the 5th respondent Seva Samithi was informed that based on a complaint made by respondents 6 to 9, a local inspection was conducted, in which it was found that unauthorised constructions have been made in the temple premises, which are neither removed nor regularised. Since illegal construction is being continued, the 5th respondent Kshethra Seva Samithi was directed to show cause, giving explanations, since proceedings under the provisions of the Kerala Municipality Act, 1994 are proposed.

(3.) Heard the learned counsel for the petitioner in the respective writ petitions and the learned Senior Government Pleader for the State and official respondents, on the question of maintainability of the writ petitions.