Kaitha Thekku Haindava Karayogam v. Travancore Devaswom Board and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR. JUSTICE G. GIRISH`** ``` TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 ``` ## **`W.P.(C)NO.4086 OF 2024`** ``` PETITIONERS: ``` ``` 1 KAITHA THEKKU HAINDAVA KARAYOGAM KAITHA THEKKU, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690106, REPRESENTED BY ITS PRESIDENT MADHUSOODNAN NAIR, S/O KESAVA PILLAI, AGED 73 YEARS, RESIDING AT KAIRALI, KAITHA THEKKU, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690106 2 S. UNNI AGED 41 YEARS S/O SASIDHARAN, THARAYIL PUTHEN VEEDU, KAITHA THEKKU, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690106, THE SECRETARY, KAITHA THEKKU HAINDAVA KARAYOGAM, KAITHA THEKKU, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690106 ``` ``` BY ADVS. GODWIN JOSEPH HARIGOVIND S.NAIR ``` ## **`RESPONDENTS:`** ``` 1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, KOWDIYAR POST, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, KOWDIYAR POST, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 3 THE DEVASWOM ASSISTANT COMMISSIONER MAVELIKKARA GROUP, TRAVANCORE DEVASWOM BOARD, MAVELIKKARA, PIN - 690103 4 ADMINISTRATIVE OFFICER CHETTIKULANGARA DEVASWOM, TRAVANCORE DEVASWOM ``` 2 W.P.(C)No.4086 of 2024 ``` BOARD, MAVELIKKARA, PIN - 690101 ``` - **`5 REVENUE DIVISIONAL OFFICER OFFICE OF THE R.D.O., CHENGANNUR, ALAPPUZHA DISTRICT, PIN – 689121`** - **`6 SREE DEVI VILASAM HINDU MATHA CONVENTION REPRESENTED BY ITS SECRETARY (DE-FACTO TEMPLE ADVISORY COMMITTEE), CHETTIKULANGARA TEMPLE, CHETTTIKULANGARA, ALAPPUZHA DISTRICT, PIN - 690106`** - **`7 SASI S/O SUKUMARAN, AGED 58 YEARS, RESIDING AT SREEMANGALAM, KAITHA THEKKU MURI, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT (PREVIOUS PRESIDENT OF KAITHA THEKKU HAINDAVA KARAYOGAM), PIN - 690106`** - **`8 K. RAMACHANDRAN S/O KUTTAPPAN NAIR, AGED 68 YEARS, RESIDING AT ANUSREE, KAITHA THEKKU MURI, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT (PREVIOUS SECRETARY OF KAITHA THEKKU HAINDAVA KARAYOGAM), PIN – 690106`** - **`9 REGHU NATH S/O DAMODARAN, AGED 60 YEARS, KUSUMALAYAM, KAITHA THEKKU MURI, KANNAMANGALAM VILLAGE, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - (PREVIOUS MEMBER OF THE 6TH RESPONDENT CONVENTION FROM KAITHA THEKKU KARAYOGM)., PIN - 690106`** ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ``` ``` SRI G.SANTHOSH KUMAR- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.4086 of 2024 ## **JUDGMENT** ## **Anil K. Narendran, J** The 1[st] petitioner is Kaitha Thekku Haindava Karayogam and the 2[nd] petitioner is its Secretary. The petitioners have filed this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4, namely, the Travancore Devaswom Board and its officials to take expeditious steps allowing the 1[st] petitioner Karayogam to act as a member of the 6[th] respondent Sree Devi Vilasam Hindu Matha Convention and – to conduct all religious cultural activities in Kaitha Thekku Kara, as empowered by Ext.P1 bye-laws No.18/1997 dated 06.02.1997 of Kaitha Thekku Haindava Karayogam, in connection with Chettikulangara Devi Temple, a temple under the management of the 1[st] respondent Travancore Devaswom Board, till final adjudication of O.S.No.26 of 2024, pending before the Munsiff Court, Mavelikara, in which respondents 7 and 8 are arrayed as defendants 1 and 2. The 6[th] respondent is stated to be the previous Secretary of Kaitha Thekku Haindava Karayogam and the 7[th] respondent, a previous member of the 6[th] respondent Sree Devi Vilasam Hindu Matha Convention, from among the members 4 ## W.P.(C)No.4086 of 2024 of Kaitha Thekku Haindava Karayogam. The petitioners have also sought for a writ of mandamus commanding the 4[th] respondent Administrative Officer of Chettikulangara Devaswom and the 5[th] respondent Revenue Divisional Officer, Chengannur, to ensure strict adherence of Ext.P10 order dated 20.01.2024 of the Munsiff Court, Mavelikkara in I.A.No.1 of 2024 in O.S.No.26 of 2024 in letter and spirit. 2. On 02.02.2024, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 4, the learned Senior Government Pleader took notice on admission for the 5[th] respondent. Urgent notice on admission by special messenger was ordered to respondents 6 to 9, returnable by 06.02.2024. 3. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4 and the learned Senior Government Pleader for the 5[th] respondent. Despite service of notice, none appears for respondents 6 to 9. 4. The issue relating to the constitution of a Temple Advisory Committee in Chettikulangara Devi Temple in terms of 5 W.P.(C)No.4086 of 2024 the provisions contained in Section 31A of the Travancore-Hindu Religious Institutions Act, 1950 and the Rules (Bye-laws) framed by the Board under sub-section (3) of the Section 31A of the Act was the subject matter in W.P.(C)Nos.1608 of 2023 and 4048 of 2023. Those writ petitions were disposed of by the judgment dated 02.11.2023, wherein it was found that the said issue can be resolved by constituting a Temple Advisory Committee in that temple, in terms of the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Act, making specific provision regarding membership, protecting the rights of the devotees from 13 karaas. Paragraphs 33 to 36 of that judgment read thus; “33. As submitted by the learned counsel for the petitioners in the respective writ petitions, the learned counsel for the 7[th] respondent Chettikulangara Sree Devi Vilasam Hindu Matha Convention Trust, the respective Senior Counsel/counsel for the party respondents and also the learned Standing Counsel for Travancore Devaswom Board, the major issues raised in these writ petitions regarding the constitution of the Temple Advisory Committee Chettikulangara Devi Temple can be resolved by constituting a Temple Advisory Committee in that temple, in terms of Ext.P1 Rules (bye-laws) framed under sub-section (3) of Section 31A of the Act, making specific provision regarding membership, protecting the right of devotees from 13 karaas The entire activities of that Temple Advisory Committee shall 6 W.P.(C)No.4086 of 2024 be governed by the provisions under Ext.P1 Rules (bye-laws), i.e., Clause 9, which deals with office bearers and their duties, Clause 11, which deals with term of office, Clause 18, which deals with prohibitions and other Clauses in that Rules (byelaws). Clause 3 of Ext.P1 Rules (bye-laws), which deals with membership, alone requires modification, for making specific provision regarding membership of the Temple Advisory Committee, in order to protect the right of devotees from 13 karaas, going by the practice prevailing in Chettikulangara Devi Temple, which can be protected in an appropriate manner, in view of the provisions under sub-section (3) of Section 31A of the Act, which provides that the composition of a Temple Advisory Committee under sub-section (1) of Section 31A shall be in such manner as may be prescribed by Rules made by the Board, not inconsistent with any practice, prevailing, if any. 34. A decision on the above aspect, i.e., appropriate modification of Clause 3 of Ext.P1 Rules (bye-laws), while adopting the same in the case of the Temple Advisory Committee of Chettikulangara Devi Temple, shall be taken by the Travancore Devaswom Board, with notice to both sides and after affording them an opportunity of being heard. The name of the Temple Advisory Committee shall be “Temple Advisory Committee of Chettikulangara Devi Temple”, in view of the provisions under sub-section (1) of Section 31A of the Act. The submission of the learned counsel for the 7[th] respondent Chettikulangara Sree Devi Vilasam Hindu Matha Convention Trust that the said respondent has no objection in adopting the name of the Temple Advisory Committee in 7 W.P.(C)No.4086 of 2024 terms of the provisions under sub-section (1) of Section 31A of the Act, is recorded. 35. A decision as directed above shall be taken by the Travancore Devaswom Board, as expeditiously as possible, at any rate, within a period of three months from the date of production of a certified copy of this judgment. In view of the aforesaid directions, order ROC No.10601/19/NS dated 28.10.2022 of the Travancore Devaswom Board (Ext.P3 in W.P.(C)No.1608 of 2023 and W.P.(C)No.4048 of 2023) granting approval to Ext.P4 bye-laws of Chettikulangara Sree Devi Vilasam Hindu Matha Convention Trust and order ROC No.10601/19/NS dated 10.11.2022 of the Travancore Devaswom Board (Ext.P5 in W.P.(C)No.1608 of 2023 and W.P.(C)No.4048 of 2023) granting approval for the amendments made to Clauses 5 and 7 of Ext.P4 bye-laws, are set aside. 36. In the result, these writ petitions are disposed of with the directions contained hereinbefore; however leaving open the further reliefs sought for in the writ petitions regarding the audit of accounts of the 7[th] respondent Chettikulangara Sree Devi Vilasam Hindu Matha Convention Trust and also the enquiry sought for regarding the wealth amassed by the said respondent in the name of Chettikulangara Devi Temple, relying on the law laid down by this Court in **Arjunan T.N. v. Temple Advisory Committee and others [2012 (4) KHC 155]** . It would be open to the petitioners in the respective writ petitions to raise those contentions before the appropriate forum, after a decision is taken by the Travancore Devaswom Board in terms of the directions contained 8 ## W.P.(C)No.4086 of 2024 hereinbefore.” 5. The 1[st] petitioner Kaitha Thekku Haindava Karayogam is one among the 13 karayogams representing the devotees from 13 karaas. A representative from each karaa will get membership in the Temple Advisory Committee to be constituted in terms of the direction contained in the judgment of this Court dated 02.11.2023 in W.P.(C)Nos.1608 of 2023 and 4048 of 2023. At present, the 6[th] respondent Sree Devi Vilasam Hindu Matha Convention is functioning as the Temple Advisory Committee of Chettikulangara Devi Temple. 6. The averments in the writ petition would show that there are certain disputes among the members of the 1[st] petitioner Kaitha Thekku Haindava Karayogam, which had resulted in the filing of O.S.No.26 of 2024 by that Karayogam represented by its President, against respondents 7 and 8 herein. In that suit, the 1[st] petitioner Karayogam obtained Ext.P10 order of injunction dated 20.01.2024 in I.A.No.1 of 2024, whereby respondents 7 and 8 herein are restrained from convening a public meeting of the Karayogam by acting as its President and Secretary, until further orders. Ext.P10 order in I.A.No.1 of 2024 in O.S.No.26 of 2024, reads thus; 9 W.P.(C)No.4086 of 2024 “Heard the learned counsel for the petitioners. Perused the affidavit and documents. I am satisfied that petitioners have made out a prima facie case. Issue of notice may cause delay which may frustrate purpose of this petition. Hence, an ad-interim ex-parte prohibitory injunction order is passed restraining respondents from convening a public meeting of the 1[st] petitioner Karayogam by acting as President and Secretary of the said Karayogam until further orders. Petitioner shall comply proviso (a) and (b) to Rule 3 of order XXXIX of the CPC. Issue copy of order and notice to the respondents. For return of notice, petition is adjourned to 03.02.2024.” 7. On the strength of Ext.P10 interim injunction granted by the Munsiff Court, Mavelikara, the petitioners are seeking a writ of mandamus commanding respondents 1 to 4, namely, the Travancore Devaswom Board and its officials to take expeditious steps allowing the 1[st] petitioner Karayogam to act as a member of the 6[th] respondent Sree Devi Vilasam Hindu Matha Convention and – to conduct all religious cultural activities in Kaitha Thekku Kara as empowered by Ext.P1 bye-laws of Kaitha Thekku Haindava Karayogam, in connection with Chettikulangara Devi Temple, till final adjudication of O.S.No.26 of 2024, pending before the Munsiff Court, Mavelikara, in which respondents 7 and 8 are arrayed as defendants 1 and 2. On the strength of Ext.P10 interim 10 ## W.P.(C)No.4086 of 2024 order, the petitioners have also sought for a writ of mandamus commanding the 4[th] respondent Administrative Officer of Chettikulangara Devaswom and the 5[th] respondent Revenue Divisional Officer, Chengannur, to ensure strict adherence of Ext.P10 order dated 20.01.2024 of the Munsiff Court, Mavelikara in I.A.No.1 of 2024 in O.S.No.26 of 2024 in letter and spirit. 8. In **Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. v. Sipahi Singh [(1977) 4 SCC 145]** , a ThreeJudge Bench of the Apex Court held that a writ of mandamus can be granted only in a case where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge the statutory obligation. The chief function of a writ is to compel performance of public duties prescribed by statute and to keep subordinate tribunals and officers exercising public functions within the limit of their jurisdiction. 9. In **Oriental Bank of Commerce v. Sunder Lal Jain** **[(2008) 2 SCC 280]** the Apex Court held that in order that a writ of mandamus may be issued, there must be a legal right with the party asking for the writ to compel the performance of some statutory duty cast upon the authorities. 11 ## W.P.(C)No.4086 of 2024 10. The aforesaid reliefs sought for in this writ petition are beyond the scope of the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In the result, this writ petition fails on the ground of maintainability and the same is accordingly dismissed. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** MIN 12 W.P.(C)No.4086 of 2024 ## **`APPENDIX OF WP(C) 4086/2024`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1 A TRUE COPY OF THE BYE LAW NO.18/1997 DATED 06.02.1997 OF MAVELIKKARA SUB REGISTRAR OFFICE ``` ``` EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 21.01.2020 IN W.P.(C) NO. 5467/2019 OF THIS HON'BLE COURT. ``` ``` EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 11.12.2023 SUBMITTED BY MR. T. RAJESHKUMAR AND MR. P. REGHUNATH TO THE 5TH RESPONDENT. ``` ``` EXHIBIT P4 A TRUE COPY OF THE RESIGNATION LETTER DATED 03.01.2024 SUBMITTED BY FIVE MEMBERS OF THE THEN ADMINISTRATIVE COMMITTEE OF THE 1ST PETITIONER KARAYOGAM. ``` ``` EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 04.01.2024 SUBMITTED BY ELEVEN MEMBERS OF THE THEN ADMINISTRATIVE COMMITTEE OF THE 1ST PETITIONER KARAYOGAM TO THE RESPONDENTS 7 AND 8. EXHIBIT P6 A TRUE COPY OF THE REQUEST NOTICE DATED 07.01.2024 SUBMITTED BY 23 MEMBERS OF THE THEN ADMINISTRATIVE COMMITTEE OF THE 1ST PETITIONER KARAYOGAM, WITH ENDORSEMENT FROM 367 ORDINARY MEMBERS. EXHIBIT P7 A TRUE COPY OF MINUTES OF THE GENERAL BODY MEETING OF THE 1ST PETITIONER KARAYOGAM ON 14.01.2024. EXHIBIT P7(A) A TRUE COPY OF THE ATTENDANCE LIST OF MEMBERS PRESENT AT THE GENERAL BODY MEETING OF THE 1ST PETITIONER KARAYOGAM ON 14.01.2024. ``` 13 ## W.P.(C)No.4086 of 2024 ``` EXHIBIT P8 ``` ``` A TRUE COPY OF THE LETTER DATED 16.01.2024 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT ``` ``` EXHIBIT P8(A) ``` ``` A TRUE COPY OF THE LETTER DATED 16.01.2024 SUBMITTED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT. ``` ``` EXHIBIT P9 ``` ``` A TRUE COPY OF THE LETTER DATED 16.01.2024 ISSUED BY THE 2ND PETITIONER TO THE RESPONDENTS 7 AND 8. ``` ``` EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 20.01.2024 IN I.A. NO. 1/2024 IN O.S. NO. 26/2024 OF THE HON'BLE MUNSIFF COURT, MAVELIKKARA. ``` ``` EXHIBIT P11 ``` ``` A TRUE COPY OF THE LETTER DATED 25.01.2024 SUBMITTED BY THE PETITIONERS HEREIN TO THE 4TH RESPONDENT. ``` ``` EXHIBIT P11(A) A TRUE COPY OF THE LETTER DATED 25.01.2024 SUBMITTED BY THE PETITIONERS HEREIN TO THE 6TH RESPONDENT. ```