RAJALEKSHMI P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the ward member of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in Vellayani, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P17 order dtd. 24/2/2023 of the 3rd respondent Devaswom Commissioner, Travancore Devaswom Board. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple; and a declaration that Ext.P17 order dtd. 24/2/2023 of the 3rd respondent is per se arbitrary and illegal and is a fraud on Court.

(2.) Going by the averments in the writ petition, though the Kuzhithalachlal and Kalluvila are at a distance of 800m from the Kalliyoor Dikkubali thara, the 3rd respondent Devaswom Commissioner issued Ext.P17 order removing the said wards from the Dikkubali Nirapara list of Vellayani Sree Bhadrakali Temple, stating that those are outside the radius of the Dikkubali Thara, i.e., outside the traditional boundary. The petitioner had earlier approached this Court challenging the said exclusion by filing W.P.(C)No.5338 of 2023, which was disposed of by Ext.P14 judgment dtd. 17/2/2023 recording the fact that vide communication No.ROC 1851/14/PR dtd. 16/2/2023, which was modified by communication dtd. 17/2/2023, the grievance of the petitioner stands redressed. Thereafter, Kuzhithalachal and Kalluvila were included in the list of places for 'Pothunirapara' in Ext.P15 Kalliyoor Dikkubali list. It is alleged in the writ petition that after the disposal of the said writ petition, the 3rd respondent issued Ext.P17 order removing those areas from the said list, relying on a report dtd. 22/3/2023 of the Assistant Commissioner, Neyyattinkara, stating that those areas are outside the traditional boundaries of the temple.

(3.) On 27/2/2023, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions.