LAWS(KER)-2025-3-302

KAVITHA KUMARI D. Vs. STATE OF KERALA

Decided On March 07, 2025
Kavitha Kumari D. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, who is a member of the registered Mandalam of Arakkal Devi Temple, which is a temple under the management of the 2nd respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to constitute an Ad Hoc Committee/festival committee in the said temple, without including the erring members and office bearers of the previous Temple Advisory Committee, which is placed under suspension. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to conclude the proceedings against the office bearers and members of the Temple Advisory Committee, pursuant to Ext.P1 and P2 in a time bound manner; and a writ of mandamus commanding the 7th respondent Station House Officer, Anchal Police Station to initiate criminal proceedings by registering a crime and investigate the matter based on Ext.P5(c) complaint dtd. 21/9/2024 made by the 5th respondent Sub Group Officer, Arakkal Devaswom. In paragraph 1 of the writ petition, the petitioner has stated that she is also conducting a pooja stall in the temple premises and the said kuthaka right is valid up to 14/4/2025.

(2.) On 7/2/2025 when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1, 6 and 7 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5. Urgent notice on admission by special messenger was ordered to respondents 8 to 11, returnable by 11/2/2025. In the order dtd. 7/2/2025, this Court noticed that as per Ext.P3 photographs taken on 27/1/2025, the board erected by the previous Temple Advisory Committee, in which the party respondents 8 to 10 were the President, Secretary and Vice President respectively, is still exhibited in the premises of Arakkal Devi Temple. The said order was followed by an order dtd. 21/2/2025, which reads thus:

(3.) The order dtd. 21/2/2025 was followed by an order dtd. 24/2/2025, which reads thus: