LAWS(KER)-2025-2-228

S. DEVARAJAN Vs. TRAVANCORE DEVASWOM BOARD

Decided On February 24, 2025
S. Devarajan Appellant
V/S
TRAVANCORE DEVASWOM BOARD Respondents

JUDGEMENT

(1.) The petitioner, who is a devotee of Vadakkum Bhagam Sree Mahadeva Temple, Kazhakoottam and a former member of the Temple Advisory Committee of that 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 certiorari to quash Ext.P1 order dtd. 23/1/2025 issued by the 3rd respondent Deputy Devaswom Commissioner, on behalf of the 2nd respondent Devaswom Commissioner, whereby the term of the 6th respondent Temple Advisory Committee, in which respondents 7 to 17 were office bearers/members, stands extended for a period of six months for the purpose of undertaking the repair works of 'Kalithattu' in the premise of the said temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to take immediate steps to constitute a new Advisory Committee as envisaged under Sec. 31A of Travancore-Cochin Hindu Religious Institutions Act, 1950.

(2.) On 6/2/2025, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 5 and 18. Urgent notice on admission by special messenger was ordered to respondents 6 to 17, returnable by 7/2/2025. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions, who was directed to make available for the perusal of this Court the files relating to Ext.P1 order dtd. 23/1/2025 and also that relating to the approval, if any, granted by the Board for undertaking the repair works of 'Kalithattu' of Vadakkum Bhagam Sree Mahadeva Temple, Kazhakoottam.

(3.) On 7/2/2025, when this writ petition came up for consideration, the learned Standing Counsel made available for the perusal of this Court the files relating to Ext.P1 order dtd. 23/1/2025. On 11/2/2025, respondents 6 and 7 entered appearance through counsel. Despite service of notice, none appeared for respondents 8 to 14. This Court perused the files relating to Ext.P1 order dtd. 23/1/2025, whereby the term of the 6th respondent Temple Advisory Committee stands extended for a period of six months from 8/2/2025, for the purpose of undertaking the repair works of 'Kalithattu'. The document marked as Ext.P3 is two photographs of that 'Kalithattu'. By a detailed order dtd. 11/2/2025, this Court stayed the operation of Ext.P1 order dtd. 23/1/2025 for a period of one week. In the said order it was made clear that the entire activities in the temple shall be managed departmentally by the Sub Group Officer, under the supervision of the concerned Assistant Devaswom Commissioner. Paragraphs 4 to 7 of the order dtd. 11/2/2025 read thus;