Binu G v. Travancore Devaswom Board and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ``` & ``` ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` FRIDAY, THE 15[TH] DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945 ``` ## **`WP(C) NO. 7453 OF 2023`** ## **`PETITIONER:`** ``` BINU. G AGED 47 YEARS, S/O. GOPI, MEMBER, TEMPLE ADVISORY COMMITTEE (TERMINATED), HARIPAD DEVASWOM, HARIPAD GROUP, ALAPPUZHA-690514, RESIDING AT PUTHENKANDATHIL, CHINGOLI P.O., KARTHIKAPPALLY, ALAPPUZHA, PIN - 690516 ``` ``` BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) ATHUL V. VADAKKEDOM ``` ## **`RESPONDENT/S:`** - **`1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, DEVASWOM HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695002`** - **`2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, DEVASWOM HEAD QUARTERS THIRUVANANTHAPURAM, PIN - 695002`** - **`3 THE DEPUTY DEVASWOM COMMISSIONER (P & SGRC) TRAVANCORE DEVASWOM BOARD, NANTHANCODE, DEVASWOM HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695002`** - **`4 THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP, HARIPAD, ALAPPUZHA, PIN - 690514`** - **`5 THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, HARIPAD SREE SUBRAMANYA SWAMI TEMPLE, HARIPAD, ALAPPUZHA, PIN - 690514`** ``` BY ADVS. ``` WPC.No.7453 of 2023 2 ## **`SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD SANTHOSH KUMAR G`** ## **`OTHER PRESENT:`** ``` SRI. S. RAJMOHAN, SR. GP, SRI. G. SANTHOSHKUMAR, SC, TDB ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC.No.7453 of 2023 3 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Subramanya of Haripad Sree Subramanya Swami Temple, which is a temple under the management of the 1[st] 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.P3 proceedings dated 23.01.2023 issued on behalf of the 2[nd] respondent Devaswom Commissioner by the 3[rd] respondent Deputy Devaswom Commissioner, whereby the membership of the petitioner in the registered mandalam, for electing the members of the Temple Advisory Committee of that temple stands terminated, for the reasons stated therein. 2. Going by the averments in the writ petition the membership of the petitioner from the Temple Advisory Committee was terminated by respondents 2 to 4 on the ground that the petitioner, as the Secretary of Thathwamasee Ayyappa Seva Samithi, a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has filed a writ petition against the Travancore Devaswom Board before this Court. Since the petitioner is an office bearer of that Samithi, there is violation of Clause 3.6 of Ext.P4 bye-laws for the formation of WPC.No.7453 of 2023 4 Temple Advisory Committee in the temples under the management of the Travancore Devaswom Board. The petitioner was issued with Ext.P1 show cause notice dated 14.12.2022 of the 2[nd] respondent Devaswom Commissioner, to which he submitted Ext.P2 reply. Thereafter by Ext.P3, the 3[rd] respondent Deputy Devaswom Commissioner informed the 4[th] respondent Assistant Commissioner the decision taken by the 1[st] respondent Travancore Devaswom Board to remove the petitioner from the membership of the Temple Advisory Committee of Haripad Sree Subramanya Swami Temple, in view of the violation of clause 3.6 of Ext.P4 bye-laws. The document marked as Ext.P5 is the certificate of registration of Thathwamasee Ayyappa Seva Samithi. Ext.P5(a) is a true copy of the relevant extract of the application made for registration of Thathwamasee Ayyappa Seva Samithi and its enclosures including the memorandum of association and bye-laws of that Samithi. The document marked as Ext.P6 is a copy of judgment of this Court dated 01.11.2022 in W.P.(C)No.34887 of 2022, which was one filed by Thathwamasee Ayyappa Seva Samithi seeking various reliefs including grant of permission to the Samithi for arranging shelter and other facilities for Sabarimala pilgrims in the premises of Haripad Sree Subramanya Swami Temple. 3. On 07.03.2023, when this writ petition came up for WPC.No.7453 of 2023 5 admission, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 5, who was directed to file counter affidavit within two weeks. 4. Respondents 1 to 5 have filed a counter affidavit dated 31.03.2023, wherein it is stated that the Temple Advisory Committee of Haripad Sree Subramanya Swami Temple was constituted on 20.08.2022, in compliance with the directions contained in the judgment of this Court dated 25.05.2022 in W.P.(C)No.7421 of 2022, which was granted approval by the 2[nd] respondent Devaswom Commissioner, vide order No.ROC.4351/17/NS2 dated 28.09.2022. The petitioner was selected as a member of the Temple Advisory Committee. The meeting of the Temple Advisory Committee was convened on 14.10.2022 to discuss the arrangements to be made in Haripad Sree Subramanya Swami Temple during MandalaMakaravilaku festival season at Sabarimala. In that meeting, it was decided that the Temple Advisory Committee will provide more arrangements and facilities to the Ayyappa devotees in the temple, which is a Sabarimala Edathavalam. The petitioner has also participated in that meeting. Accordingly, the Temple Advisory Committee submitted a request, which was forwarded to the Board for necessary sanction. However, in the meanwhile, the petitioner as the Secretary of Tathwamasee Ayyapa Seva Samithi preferred WPC.No.7453 of 2023 6 W.P.(C)No.34887 of 2022 before this Court seeking a decision from the Board permitting that Samithi to arrange shelter and other facilities for Sabarimala pilgrims in the premises of Haripad Sree Subramanya Swami Temple. The said writ petition was dismissed vide Ext.P6 judgment dated 01.11.2022. While preferring that writ petition on 31.10.2022, the petitioner being a participant and signatory to the meeting of the Temple Advisory Committee convened on 14.10.2022 was well aware of the decision taken by the Temple Advisory Committee, in that meeting. The act of the petitioner is in clear violation of Clause 3.6 of Ext.P4 bye-laws, as per which, a person who is being elected as a member of the Temple Advisory Committee of a temple under the management of Travancore Devaswom Board, shall not be a member of the Advisory Committee of any other temples under the Devaswom Board or any private temples or in any other governing body. The petitioner being the Secretary of Tathwamasee Ayyapa Seva Samithi filed a writ petition against the Board, while continuing as a member of the Temple Advisory Committee of Haripad Sree Subramanya Swami Temple, in violation of the provisions under Ext.P4 bye-laws. Therefore the 2[nd] respondent Devaswom Commissioner was constrained to issue Ext.P1 show cause notice to the petitioner, to which the petitioner submitted Ext.P2 reply, in which he has stated WPC.No.7453 of 2023 7 that he was not aware of the fact that when continuing as the Secretary of another organization, he cannot become a member of the Temple Advisory Committee of Haripad Sree Subramanya Swami Temple. The 2[nd] respondent, after considering the explanation offered by the petitioner and also the report dated 12.01.2023 of the 4[th] respondent Assistant Commissioner decided to remove the petitioner from the membership of the Temple Advisory Committee, in view of the provisions under Clause 3.6 of Ext.P4 bye-laws and accordingly issued Ext.P3 proceedings dated 23.01.2023. 5. On 14.09.2023, when this writ petition came up for consideration, Registry was directed to list this matter today (15.09.2023) along with the Judges’ papers of W.P.(C)No.34887 of 2022. 6. Heard the learned counsel for the petitioner and the learned Standing Counsel for Travancore Devaswom Board for the respondents. 7. The issue that arises for consideration in this writ petition is as to whether Ext.P3 proceedings dated 23.01.2023 issued on behalf of the 2[nd] respondent Devaswom Commissioner warrants interference in this writ petition. 8. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 deals with the formation of the Temple WPC.No.7453 of 2023 8 Advisory Committees. As per subsection (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub- section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. ## 9. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act the formation of Temple Advisory Committees in temples has become statutory. 10. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. Clause (2) of the said Rules, which deals with objectives of the Temple Advisory Committees. As per Clause (2), one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the WPC.No.7453 of 2023 9 Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 11. Clause 3 of Ext.P4 bye-laws deals with membership in a Temple Advisory Committee in a temple under the management of the Travancore Devaswom Boad. Clause 3 reads thus; ## ''3. _അംഗതവം_ 3.1. _്ഷേ്ᩔാചാര്ᨲളിലം വി്ᩇഹാരാധനയിലം വിശ്വാസമു്ᩦ ത്ാഴെ സൂചി്ᩔിക വിഭാഗ്ᨲളി_ ൽ _ഴ്ᩔ്ട ്ᩚായപൂ_ ർ _്തിയായ ഏഴത്ാരു ഹിമ്വിനം അംഗത്വ്തിന് അ_ ർ _ഹത് ഉ്ിായിരിക ത്ാണ്._ (i) _്ഷേ്ᩔപരിസര്ത് അ്ᨸ് കി്ഷ ാമീ്റ_ ർ _ചു്റളവിന്ᩦി_ ൽ _ത്ാമസിക ഭ്ᨹജന്ᨲ_ ൾ (ii) _്ഷേ്ᩔ പാര്ᩘരയമായി ബ്ᩏഴ്ᩔ്ട കരകളി്ഷ ാ ്ᩚ്ഷേശ ളി്ഷ ാ ത്ാമസിക ഭ്ᨹജന്ᨲ_ ൾ (iii) _്ᩝിരമായി ്ഷേ്ᩔസ്മ_ ർ _ശ്നം നടത വരും ്ഷേ്ᩔ്തിഴെയം വിശ്വാസികളു്ഷടയം പു്ഷരാഗത്ി❙⟛്ഷവ് എടുത് പറയ്ത്ക സംഭാവനക_ ൾ _ഴച്ᩓിട വരുമായ ഭ്ᨹജന്ᨲ_ ൾ _._ (iv) _്ഷേ്ᩔപരിസര്ത് ജനിച്വള_ ർ _്നവരും_ , _്ഷേ്ᩔ്തിഴെ വികസന്തിലം ആ്ഷ ാഷ്ᨲളിലം പ്ᨮാളികളാവു്നവരും എ്നാ_ ൽ _ജീവി്ഷത്ാപാധി്കായി മാറി ത്ാമസി്ഷ്ക് വരു്നവരുമായ ഭ്ᨹജന്ᨲ_ ൾ 3.2. _സവാഭാവദൂഷയ്ᨲ_ ൾ _്ഷ്കാ ദുരുപ്ഷയാഗ്ᨲ_ ൾ _്ഷ്കാ സാ്ᩘ്തിക ്ᩅമ്ഷ്കടുക_ ൾ _്ഷ്കാ ശ്ിേി്കഴ്ᩔ്ടിട വ_ ർ _ക്ം ്ഷേ്ᩔാപ്ഷേശ്ക സമിത്ികളി_ ൽ _്ᩚവ_ ർ _്തി്ച് നിയമരഹിത്മായ ്ᩚവ_ ർ _്തന്ᨲളി_ ൽ _ഏ_ ർ _ഴ്ᩔ്ടവ_ ർ _ക്ം. ബു്ᩍിമാ്മയമു്ᩦവ_ ർ _ക്ം അംഗത്വ്തിന് അ_ ർ _ഹത് ഉ്ിായിരിക ത ._ 3.3 _ത്ിരുവിത്ാംകൂ_ ർ _്ഷേവസവം ്ഷബാ_ ർ _ഡ് നി്ᩌ_ ർ _ഷി്ചിട ്ഷ ാറ്തി_ ൽ 100/- ( _രൂപ നൂറ് മാ്ᩔം) ്ᩚ്ഷവശ്ന ീ്ഷസാഴടാ്ᩔം അംഗത്വ്തിന് അ്ഷപേ ഭ്ᨹജന്ᨲളി_ ൽ _നി്നം സബ്-ᩇ᪏്ᩔ് ഓ ീസ_ ർ _/അ്ᩏിനി്ഷേ്റീവ്ഓ ീസ_ ർ _സവീകരി്ഷ്ക്ിത്ാണ്. അ്ഷപേ പരി്ഷശ്ാധി്ച് അംഗത്വം ന_ ൽ _കു്നത്ിന് അ_ ർ _ഹത് ഉഴ്ി്ന് ്ഷബാധയഴ്ᩔ്ടാ_ ൽ _സബ്-ᩇ᪏്ᩔ് ഓ ീസ_ ർ _/അ്ᩏിനി്ഷേ്റീവ് ഓ ീസ_ ർ _സാേയഴ്ᩔടു്തിയ അംഗത്വകാ_ ർ _ഡ് അവ_ ർ _്ക് ന_ ൽ _്ഷക്ിതുമാണ്_ 3.4. ൽ 3.1 ൽ ർ 4 ൽ ൽ, _അംഗത്വം ന കു്നത്ിന് നി᪚❡ ഷി്ചിട വിഭാഗ്തി ഴ്ᩔ്ടവരി_ ർ _മാ_ ർ, _ആ_ ർ ർ , ർ, _ഉയ_ ർ _എ്ᨸിനീയ ്കിഴട്ᨴ്. ചാ ്ഷ്ടഡ് അ്കൗ്ിെ് വ്കീ ്ᩖാ ്ന ഉ്ഷേയാഗ്ᨲളി ിരു്ന് വിരമി്ചവ_ ർ _തുട്ᨲിയവഴര സബ്-ᩇ᪏്ᩔ് ഓ ീസ_ ർ _മാ_ ർ _്ഷനരി്ട്_ , ൽ _അവ_ ർ ൽ _കാണുകയം ്ഷേ്ᩔവികസന കാരയ്ᨲളി ്ക് ത്ാത്പരയമുഴ്ി്ന് ക്ിാ അവഴര അംഗ്ᨲളാക ത്ിന്ᩦ നടപടിക_ ൾ _സവീകരി്ഷ്ക്ിതുമാണ്._ WPC.No.7453 of 2023 10 3.5. _്ഷേ്ᩔ ഉപ്ഷേശ്ക സമിത്ിഴയ ഴത്രഴെടുക ത്ിന് അംഗത്വകാ_ ർ _ഡ് ഭിക അംഗ്ᨲഴള ഉ_ ൾ _ഴ്കാ്ᩦിച്ഴകാി ഒരു രജി്ഷേ_ ർ _ഡ് മ്ᩄ ം ഉ്ിായിരിക ത്ാണ്._ 3. 6. _ഒര ്േ്ാപ്േശക സമിതിയി_ ൽ _അംഗമാക് വയ്ി ്േവസവം ്ബാ_ ർ _ഡിഴെ കീെില് മ്റ് ്േ്്ളിഴ ്യാ ഏഴത ിലം സവകാരയ്േ്്ളിഴ ്യാ_ ” _ഉപ്േശകസമിതിയി് ാ മറ ഭരണസമിതിയി് ാ അംഗമായിരി്ാ_ ൻ _പാടി്._ 12. The argument advanced by the learned counsel for the petitioner is that the prohibition contained in Clause 3.6 of Ext.P4 bye-laws will not be attracted in the case of the petitioner, for the reason that he is an office bearer of Thathwamasee Ayyappa Seva Samithi and that the petitioner as the office bearer of that Samithi filed W.P.(C)No.34887 of 2022 before this Court seeking various reliefs including grant of permission to the Samithi for arranging shelter and other facilities for Sabarimala pilgrims in the premises of Haripad Sree Subramanya Swami Temple, which ended in dismissal by Ext.P6 judgment dated 01.11.2022. 13. The averments in paragraphs 2 and 5 of the statement of facts in W.P.(C)No.34887 of 2022 read thus; “2. The petitioner and other local devotees' of the temple formed a Samithi in the name and style of "Thathwamasee Ayyappa Seva Samithi" aiming to provide facilities to the pilgrims during Sabarimala temple festival season. For that purpose, open auditorium of the Subramaniya Swami Temple, Haripad and its surrounds are using as rest area of pilgrims. Facilities including food, water, rest area, toilet, etc., are arranged in a peaceful atmosphere without hindering the temple and devotees. As per custom during the Sabarimala festival season several Ayyappa devotees come in the Subramaniya Swami temple and used the facilities arranged therein. For the last so many years, the Samithi WPC.No.7453 of 2023 11 has been arranging food, water, shelter, etc., for the pilgrims of Sabarimala in the temple premises. xx xx xx 5. It is submitted that here there is a prevailing custom in the Subramaniya Swami Temple in connection with Sabarimala pilgrims and is conducting special poojas in the temple. Several ayyappa devotees started pilgrimage to Sabaramala during festival season from Subramaniya Swami Temple, Haripad after special pooja. Even though there is no fund given from any sources including the Board, the Thathwamasee Ayappa Seva Samithi members themselves are usually arranging necessary facilities for the devotees every year. Local devotees believe that it would become evident prosperity of temple and its devotees of the locality. Now the respondents are not ready to cooperate with the devotees of the temple and the Thathwamasee Ayyappa Seva Samithi are permitted to arrange facilities in the temple auditorium and premises. Inaction on the part of the 4th respondent will adversely affects the regular pilgrims reach their expecting facilities. So the act of the 4th respondent denying giving permission to arrange usual facilities in the temple premises for the Sabarimala pilgrims is against the interest of pilgrims.'' 14. The document marked as Ext.P5(a) in this writ petition is the bye-laws of Thathwamasee Ayyappa Seva Samithi. The document marked as Ext.P1 in W.P.(C)No.34887 of 2022 is a copy of the minutes of the meeting of the Thathwamasee Ayyappa Seva Samithi held on 02.10.2022. The decisions taken in that meeting are extracted hereunder; > ''(1) ഇട്ᩈാവളവുമായി ബ്യ്പെ്ᨾ് നിൽ്കു്ര പ്രശ്ന്ങൾ്ക് രരിഹാരം കാണുവാൻ കകാടതിയുമായി സമീരി്കാൻ സമിതി പ്രസിഡൻറ്/്പസപ്ക്ᨾറി . എ്രിവ്പര കയാഗം ചുമതല്പെടു്ᩈി > (2) മ്ᩄലകാല്ᩈിൽ ഇട്ᩈാവളം കകപ്രീകരി്ച് ഭാഗവത രാരായണം, WPC.No.7453 of 2023 12 ഭ്വിഗാനസുധ, അ്രദാനം, സവാമിമാർ്ക് വിരി ്പവ്കാൻ അവസരം . എ്രിവ ്പച്ᩞുവാനും കയാഗം തീരുമാനി്ചു (3) സമിതിയികല്ക് രുതിയ ഭ്വ്പര അംഗതവം നൽകി '' . പ്രവർ്ᩈിെി്കുവാനും തീരുമാനമായി 15. As per Clause (9) of the Rules, one of the duties of the President, as provided in Clause (9.1), is to formulate projects for the betterment of the temple and for the convenience of the devotees and implement the same with the approval of the Board. The President has to supervise the collection of funds at the initiative of the Advisory Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Travancore Devaswom Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for collection of funds. He has to print coupons and keep it in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee is with the approval of the Committee and with the knowledge of the President and the Secretary. WPC.No.7453 of 2023 13 16. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KLT 324]** , a Division Bench of this Court, in which both of us were parties, noticed that, a reading of the provisions under Clause (9) of the Rules for the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board make it explicitly clear that the construction or repair or renovation work that has to be undertaken in a temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. 17. As already noticed, W.P.(C)No.34887 of 2022 was one filed by Thathwamasee Ayyappa Seva Samithi, under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board and the 4[th] respondent Sub Group Officer of Sree Subramanya Swami Temple, Haripad to consider Ext.P2 representation therein dated 03.10.2022 submitted before the 1[st] respondent Board and Ext.P3 representation dated 03.10.2022 submitted before the 4[th] respondent Sub-Group Officer and take decision granting permission to the petitioner Samithi for arranging shelter and other facilities for Sabarimala pilgrims in the premises of Sree Subramanya Swami Temple, Haripad. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent Board to consider and WPC.No.7453 of 2023 14 take an appropriate decision on Ext.P2 representation, immediately. 18. The averments in that writ petition are to the effect that, for arranging facilities for Sabarimala pilgrims in the premises of Sree Subramanya Swami Temple, Haripad, the petitioner Samithi submitted Ext.P2 representation dated 03.10.2022 before the 1[st] respondent Board. The petitioner Samithi submitted Ext.P3 representation dated 03.10.2022 before the 4[th] respondent Sub Group Officer, seeking permission to arrange temporary shelter for Sabarimala pilgrims in the premises of Sree Subramanya Swami Temple, Haripad. In that writ petition, it is stated that, during Mandala-Makaravilakku festival season, several devotees of Lord Ayyappa commence their pilgrimage to Sabarimala from Sree Subramanya Swami Temple, Haripad, after offering special poojas. In the absence of funds from the 1[st] respondent Travancore Devaswom Board or any other source, the members of the petitioner Samithi usually arrange necessary facilities every year for Sabarimala pilgrims. Since the respondents are not prepared to permit the petitioner Samithi to arrange facilities for Sabarimala pilgrims in the premises of Sree Subramanya Swami Temple, Haripad and in the temple auditorium, the Samithi filed that writ petition before this Court, seeking the aforesaid reliefs. 19. In Ext.P6 judgment in W.P.(C)No.34887 of 2022, this WPC.No.7453 of 2023 15 Court found that, a reading of the provisions under Section 15A and Section 31A of the Act, along with the provisions under the bye-laws framed for formation of Temple Advisory Committees in the temples under the management of Travancore Devaswom Board would make it explicitly clear that the Board has a statutory duty to see that the regular traditional rites and ceremonies according to the practice prevalent in Haripad Sree Subramanya Swami Temple are performed promptly and to establish and maintain proper facilities in that temple for the devotees. The Temple Advisory Committee of Haripad Sree Subramanya Swami Temple has to render necessary assistance to the efforts made by the Board and the 4[th] respondent Sub-Group Officer for the betterment and development of the said temple and for the convenience of the devotees, including Sabarimala pilgrims, who avail the facilities provided in the temple premises, during Mandala-Makaravilakku festival season. Those activities come within the purview of the Temple Advisory Committee of Sree Subramanya Swami Temple, Haripad, which is constituted under Section 31A of the Act, and the petitioner Samithi cannot claim any right whatsoever in respect of those activities and the Samithi cannot collect any amount from the devotees for providing any such facilities in the temple. 20. The aforesaid activities undertaken by Tathwamasee WPC.No.7453 of 2023 16 Ayyappa Seva Samithi, in which the petitioner is the Secretary, squarely falls within the activities that have to be undertaken by the Temple Advisory Committee of Sree Subramanya Swamy Temple, Haripad, constituted under Section 31A of the Act. The averments in W.P.(C)No.7421 of 2022, which we have re-produced hereinbefore in paragraph 13, would substantiate the said fact. The membership of the petitioner in such a Samithi will attract the prohibition contained in Clause 3.6 of Ext.P4 bye-laws. The petitioner is admittedly the Secretary of that Samithi. Therefore, we find no grounds to interfere with Ext.P3 proceedings dated 23.01.2023 issued on behalf of the 2[nd] respondent Devaswom Commissioner, whereby the membership of the petitioner in the registered mandalam, for electing the members of the Temple Advisory Committee of Sree Subramanya Samy temple, Haripad stands terminated. In the result, the writ petition fails and the same is accordingly, dismissed. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **SOPHY THOMAS, JUDGE** Dxy WPC.No.7453 of 2023 17 ## **`APPENDIX OF WP(C) 7453/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO. ROC 4351/17/NS2 DATED 14.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ``` - **`Exhibit P2 TRUE COPY OF THE EXPLANATION DATED NIL SUBMITTED BY THE PETITIONER TO EXHIBIT P1`** - **`Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO. ROC 4351/2017/NS2 DATED 23.1.2023 ISSUED BY THE 3RD RESPONDENT WHICH HAS BEEN COMMUNICATED THROUGH THE 4TH RESPONDENT TO THE PETITIONER`** - **`Exhibit P4 TRUE COPY OF THE NOTIFICATION NO. ROC1809/09/NS DATED 30.11.2011 ISSUED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD`** - **`Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE WITH REGISTER NO.ALP/TC/83/2020 DATED 12.2.2020 OF THE THATHWAMASEE AYYAPPA SEVA SAMITHI`** - **`Exhibit P5(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE APPLICATION FOR REGISTRATION, CONSENT LETTER, MEMORANDUM OF ASSOCIATION ALONG WITH THE BYELAWS OF THE THATHWAMASEE AYYAPPA SEVA SAMITHI`** ``` Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 1.11.2022 IN W.P.(C) 34887/2022 OF THIS HONOURABLE COURT ```