Balu Kenath and A Mohan Das v. State of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 23[RD] DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, ``` ``` 1944 ``` ``` WP(C) NO. 37496 OF 2022 ``` ## **`PETITIONER/S:`** ``` 1 BALU KENATH, AGED 49 YEARS S/O. LATE T. RAMACHANDRAN, B5/6, BSNL, QUARTERS, KALLEPPULLY, PALAKKAD-678 005, PIN - 678005 ``` ``` 2 A MOHAN DAS, AGED 71 YEARS S/O LATE PARAMESWARAN NAIR, PLOT NO. 52, DEVI NAGAR, NURANI POST, PALAKKAD-678 004 ``` ``` BY ADVS. KALEESWARAM RAJ THULASI K. RAJ SHILPA SOMAN ``` ## **`RESPONDENT/S:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE SECRETARY TO GOVERNMENT,`**| ||**`DEPARTMENT OF DEVASWOM, SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM-695 001, PIN - 695001`**| |**`2`**|**`COMMISSIONER`**| ||**`MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,`**| ||**`ERANHIPALAM, KOZHIKODE-673006`**| |**`3`**|**`ASSISTANT COMMISSIONER,`**| ||**`MALABAR DEVESWOM BOARD, PALAKKAD DIVISION, CIVIL`**| ||**`STATION, PALAKKAD-678001.`**| 2 WP(C) NO. 37496 OF 2022 - **`4 DEPUTY COMMISSIONER MALABAR DEVESWOM BOARD, PALAKKAD DIVISION, CIVIL STATION, PALAKKAD-678001.`** - **`5 EXECUTIVE OFFICER MANAPULIYKAVU BHAGAVATHY TEMPLE, EAST YAKKARA,, KUNNATHOORMADE POST PALAKKAD-678013`** - **`6 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, HOUSE FED COMPLEX, ERANHIPALAM, KOZHIKODE-673 006.`** - **`7 ADDL.R7. DISTRICT POLICE CHIEF, YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD-678 018`** ``` ADDL. R7 IMPLEADED AS PER ORDER DATED 23.11.2022 IN I.A.NO.1 OF 2022 ``` ``` OTHER PRESENT: ``` ``` SRI S RAJMOHAN- SR GOVERNMENT PLEADER SRI R.LAKSHMI NARAYAN- STANDING COUNSEL -MALABAR DEVASWOM BOARD SRI K.MOHANAKANNAN - FOR R5 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WP(C) NO. 37496 OF 2022 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are the devotees of Sree Manappulli Bhagavathi of Sree Manappullikkavu Bhagavathi Temple, Kizhakke Yakkara in Palakkad District, which is a controlled institution under the 6[th] respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P11 notification dated 19.11.2022 issued by the 3[rd] respondent Assistant Commissioner, Malabar Devaswom Board, Palakkad Division, whereby a meeting has been scheduled on 24.11.2022 to form a Vela Committee to conduct Vela festival in Sree Manappullikkavu Bhagavathi Temple for the year 2023. The petitioners have also sought for other consequential reliefs. 2. On 22.11.2022, when this writ petition came up for admission, we have issued notice on admission by special messenger to the 5[th] respondent. The learned Senior Government Pleader took notice for the 1[st] respondent and the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 2 to 4 and 6. 4 WP(C) NO. 37496 OF 2022 3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent and additional 7[th] respondent, learned Standing Counsel for Malabar Devaswom Board for respondents 2 to 4 and 6 and Adv.Sri.K.Mohanakannan, learned counsel for the 5[th] respondent Executive Officer. 4. During the course of arguments, the learned counsel for the petitioners would submit that the petitioners have approached this Court in this writ petition seeking various reliefs, in order to ensure constitution of a proper Vela Committee to conduct Vela festival in Sree Manappullikkavu Bhagavathi Temple for the year 2023. 5. The learned Standing Counsel for Malabar Devaswom Board and also the learned counsel for the 5[th] respondent Executive Officer would submit that the constitution of Vela Committee pursuant to Ext.P11 notification dated 19.11.2022 shall be made strictly in terms of Ext.P7 order dated 18.01.2019, which stands modified to certain extent by Ext.P8 order dated 27.11.2019, incorporating certain additional conditions in the constitution of Vela Committee. 5 WP(C) NO. 37496 OF 2022 ## 6. In **K. Chathu Achan v. State of Kerala and others** **[ILR 2022 (4) Kerala 199]** in the context of notification issued by the Commissioner, Malabar Devaswom Board, in the matter of selection of non-hereditary trustees in temples which are controlled institutions under the Malabar Devaswom Board, this Court held that for appointment as non-hereditary trustee of the temple, the applicant should be a regular worshipper of the temple, who is prepared to actively work for the betterment of the temple. Persons who are busy with their employment, office bearers of political parties, active politicians or those indulging in active participation in the activities of a political party cannot aspire appointment as non-hereditary trustee of the temple. 7. From the materials on record and also the submissions made by the learned counsel on both sides, we notice that the formation of Vela Committee to conduct Vela festival in Sree Manappullikkavu Bhagavathi Temple during previous years had resulted in law and order issues. It is for that reason, the petitioners have approached this Court in this writ petition, seeking various reliefs. 8. The criteria laid down by this Court in **K. Chathu Achan [ILR 2022 (4) Kerala 199]** in the matter of selection of 6 WP(C) NO. 37496 OF 2022 non-hereditary trustees in controlled institutions under the Malabar Devaswom Board can be made applicable to the constitution of Vela Committee in connection with Vela festival in Sree Manappullikkavu Bhagavathi Temple, in terms of Ext.P11 notification dated 19.11.2022, in view of the conditions stipulated in Ext.P7 Government order dated 18.11.2019, which stands modified to certain extent by Ext.P8 order dated 27.11.2019 incorporating certain additional conditions. 9. The learned Senior Government Pleader, on instructions from the additional 7[th] respondent District Police Chief would submit that, at present there is no law and order situation in the locality and the Police shall maintain law and order on 24.11.2022, in connection with constitution of Vela Committee. 10. In such circumstances, this writ petition is disposed of by directing the 3[rd] respondent Assistant Commissioner to proceed with the meeting scheduled on 24.11.2022 at 11:00 a.m. for the formation of Vela Committee in connection with Vela festival in Sree Manappullikkavu Bhagavathi Tempe for the year 2023. The persons elected as members of the Vela Committee shall be regular worshippers of the temple, who are prepared to 7 WP(C) NO. 37496 OF 2022 actively work for the betterment of the temple. Persons who are busy with their employment, office bearers of political parties, active politicians or those indulging in active participation in the activities of a political party cannot aspire membership in the Vela Committee. The 3[rd] respondent Assistant Commissioner shall get a declaration from the persons so elected, in the form of an affidavit, on the above aspect. 11. The additional 7[th] respondent District Police Chief shall take necessary steps to ensure that there is no law and order issues in connection with the meeting scheduled to be held on 24.11.2022 for constituting the Vela Committee. All other reliefs sought for in this writ petition are left open. Sd/- ## **ANIL K. NARENDRAN JUDGE** Sd/- ## **P.G. AJITHKUMAR JUDGE** bkn/- 8 WP(C) NO. 37496 OF 2022 ## **`APPENDIX OF WP(C) 37496/2022`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`TRUE COPY OF GO(RT) NO. 3376/03/REVENUE`**| ||**`DATED 30.10 .2003 ISSUED BY THE IST`**| ||**`RESPONDENT.`**| |**`Exhibit P2`**|**`TRUE COPY OF THE LETTER DATED 05.12.2017`**| ||**`ISSUED BY THE 2ND RESPONDENT TO THE IST`**| ||**`RESPONDENT.`**| |**`Exhibit P3`**|**`TRUE COPY OF THE GO(RT) NO. 5510/2017`**| ||**`DATED`**<br>**`21.12.2017`**<br>**`ISSUED`**<br>**`BY`**<br>**`THE`**<br>**`1ST`**| ||**`RESPONDENT.`**| |**`Exhibit P4`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`ADVERTISEMENT`**<br>**`ON`**| ||**`02.12.2018 ISSUED BY THE 3RD RESPONDENT.`**| |**`Exhibit P5`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`JUDGMENT`**<br>**`DATED`**| ||**`12.12.2018 IN WP(C) NO. 39703/2018`**| |**`Exhibit P6`**|**`TRUE COPY OF THE LETTER DATED 14.11.2017`**| ||**`ISSUED BY THE HEREDITARY TRUSTEE NAMELY`**| ||**`K,KESAVADASA MENON TO THE 1ST RESPONDENT.`**| |**`Exhibit P7`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`G.O.(RT)`**<br>**`NO.`**| ||**`194/2019/REVENUE DATED 18.01.2019.`**| |**`Exhibit P8`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`G.O.(RT)`**<br>**`NO.`**| ||**`3538/2019/RD DATED 27.11.2019.`**| |**`Exhibit P9`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`REVISION`**<br>**`PETITION`**| ||**`SUBMITTED BY THE PETITION SUBMITTED BY`**| ||**`THE PETITIONERS BEFORE THE 1ST RESPONDENT`**| ||**`DATED 12.07.2022.`**| |**`Exhibit P10`**|**`TRUE COPY OF THE REMINDER LETTER SENT BY`**| ||**`THE 1ST PETITIONER ON 19.09.2022`**| |**`Exhibit P11`**|**`TRUE COPY OF THE ADVERTISEMENT DATED`**| ||**`19.11.2022 ISSUED BY THE 2ND RESPONDENT.`**| |**`Exhibit P12`**|**`TRUE COPY OF THE LETTER DATED 05.11.2022`**| ||**`WRITTEN BY SRI. CHENDHAMARAKSHA MENON TO`**| ||**`THE PRESIDENT OF THE DEVASWOM BOARD.`**|