Balu Kenath 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 ``` ``` MONDAY, THE 11[TH] DAY OF DECEMBER 2023/20TH AGRAHAYANA, 1945 ``` ``` W.P.(C)NO.38297 OF 2023 ``` ## **`PETITIONER:`** ``` BALU KENATH AGED 50 YEARS, S/O LATE T. RAMACHANDRAN, KENATH HOUSE, KENATH PARAMBU, BEHIND CIVIL STATION, PALAKKAD – 678 001. ``` ``` NOW RESIDING AT B 5/6, X1/186, BSNL STAFF QUARTERS, KALLEPULLY, PALAKKAD DISTRICT, PIN – 678 005 ``` ``` BY ADVS. RAJESH SIVARAMANKUTTY MAYA C.P. K.V.ANTONY ``` ``` VIJINA K. ``` ``` ARUL MURALIDHARAN ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE(DEVASWOMS) DEPARTMENT, THIRUVANANTHAPURAM, PIN 695 001`** - **`2 THE COMMISSIONER, MALABAR DEVASWOM BOARD, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE, PIN 673 006`** ``` 3MALABAR DEVASWOM BOARD, REP. BY ITS SECRETARY, HOUSEFED COMPLEX, ERANHNIPALAM, KOZHIKODE, PIN 673 006 ``` 2 W.P.(C)No.38297 of 2023 - **`4 THE ASSISTANT COMMISSIONER,`** ``` MALABAR DEVASWOM BOARD, PALAKKAD DIVISION, CIVIL STATION, PALAKKAD, PIN 678 001 ``` - **`5 THE EXECUTIVE OFFICER, SREE MANAPPULLIKAVU BHAGAVATHY DEVASWOM, PALAKKAD DIVISION, CIVIL STATION, PALAKKAD, PIN 678 013`** - **`6 K. CHENTHAMARAKSHA MENON, S/O GOVINDANKUTTY MANNADIAR TRUSTEE SREE MANAPPULLI BHAGAVATHI DEVASWOM, RESIDING AT FARM GUIDE ASSOCIATES, VILAYANNUR, THENKURISSI, PALAKKAD DISTRICT, PIN 678 671`** ``` BY ADVS. K.MOHANAKANNAN ``` ``` K.P.BALAGOPAL D.S.THUSHARA(K/76/2010) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.38297 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Sree Manappullikavu Bhagavathi Temple and a member of ‘Kenath Veedu’, a family having hereditary trusteeship in that temple has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent to conduct enquiry into Ext.P5 representation dated 07.09.2023, after hearing the petitioner, within a time frame that may be fixed by this Court and till then defer any action on issuance of guidelines for the formation of the Vela Committee to conduct temple festival for the year 1199 ME (2024). 2. On 17.11.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1[st] respondent and the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 2 to 4. Urgent notice on admission by speed post was ordered to respondents 5 and 6, returnable within three weeks. The learned Standing Counsel for Malabar Devaswom Board was directed to get instructions. 3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent State, 4 W.P.(C)No.38297 of 2023 the learned Standing Counsel for Malabar Devaswom Board for respondents 2 to 4, the learned counsel for the 5[th] respondent Executive Officer and also the learned counsel for the 6[th] respondent hereditary trustee. 4. During the course of arguments, the learned counsel for the 5[th] respondent Executive Officer would point out the judgment of this Court dated 23.11.2022 in W.P(C)No.37496 of 2022, which was one filed by the petitioner herein along with another. That writ petition was filed seeking a writ of certiorari to quash the notification dated 19.11.2022 (Ext.P11) issued by the 3[rd] respondent Assistant Commissioner, Malabar Devaswom Board, Palakkad Division, whereby a meeting was scheduled to be held on 24.11.2022 to form a Vela Committee to conduct Vela festival in Sree Manappullikavu Bhagavathi Temple, for the year 1198 ME (2023) and for other consequential reliefs. Paragraphs 5 and 11 and also the last paragraph of that judgment read thus; “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 5 W.P.(C)No.38297 of 2023 by Ext.P8 order dated 27.11.2019, incorporating certain additional conditions in the constitution of Vela Committee. 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 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 6 W.P.(C)No.38297 of 2023 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 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 7 W.P.(C)No.38297 of 2023 open.” 5. The document marked as Ext.P1 is a copy of the Government Order No.3376/03/Revenue dated 30.10.2003 regarding the conduct of Vela festival of Manapullikavu Bhagavathi Temple, which deals with formation of Vela committee and other matters. The said Government Order was followed by Government Order No.13312/Dev.1/2015/RD dated 01.10.2015 and Ext.P2 Government Order dated 21.12.2017. 6. The petitioner who had approached this Court in W.P.(C)No.37496 of 2022 and obtained the judgment dated 23.11.2022 regarding the conduct of Vela festival of the year 1198 ME (2023) has not chosen to disclose that fact in this writ petition, though it is stated in paragraph of the affidavit filed in support of this writ petition that he had approached this Court earlier in W.P.(C)No.39703 of 2018 and W.P.(C)No.37496 of 2022, which were disposed of by this Court. We notice that the disposal of W.P.(C)No.37496 of 2022, by the judgment dated 22.11.2022 was after leaving open all other reliefs sought for in that writ petition. 7. Having considered the pleadings and materials on record and the submissions made at the Bar, we deem it appropriate to dispose of this writ petition by directing the 4[th] 8 W.P.(C)No.38297 of 2023 respondent Assistant Commissioner to constitute a Vela Committee for conducting Vela festival of 1199 ME (2024) in Sree Manappullikavu Bhagavathi Temple, strictly in terms of the law laid down by this Court in the judgment dated 23.11.2022 in W.P.(C)No.37496 of 2022, relying on the decision in **K. Chathu** ## **Achan v. State of Kerala and others [ILR 2022 (4) Kerala** **199]** , after publishing a public notice. Necessary steps in this regard shall be taken as expeditiously as possible, at any rate, within a period of two weeks. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITIHKUMAR, JUDGE** ded 9 W.P.(C)No.38297 of 2023 ## **`APPENDIX OF W.P.(C)No.38297/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1TRUE COPY OF THE ORDER NO. 3376/03/REVENUE DATED 30-10- 2003 AND NO. 13312/DEV.1/2015/RD DATED 1-10-2015 PASSED BY 1[st] RESPONDENT EXHIBIT P2A TRUE COPY OF THE ORDER IN NO.5510/2017/ REV. DATED 21-12- 2017 PASSED BY THE 1[st] RESPONDENT EXHIBIT P3 ``` ``` A TRUE COPY OF THE ORDER NO.194/2019/REV. DATED 18-1-2019 PASSED BY THE 1[st] RESPONDENT ``` ``` EXHIBIT P4A TRUE COPY OF THE ORDER IN G.O.(RT) NO.3538/2019/RD DATED 27-11- 2019 PASSED BY THE 1[st] RESPONDENT EXHIBIT P5A TRUE COPY OF THE PETITION DATED 7-9-2023 SUBMITTED BY THE PETITIONER ALONG WITH ANOTHER TOGETHER WITH DOCUMENTS BEFORE THE 1[st] RESPONDENT ```