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## **`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 22[ND] DAY OF MARCH 2023 / 1ST CHAITHRA, 1945 W.P.(C) NO. 5932 OF 2023 ``` ## **`PETITIONERS:`** - **`1 UNNIKRISHNAN.K.R., AGED 52 YEARS, SON OF K.G.RAMACHANDRAN NAIR, RESIDING AT KOCHARAKKAL VEEDU, ETTUMANOOR PO., KOTTAYAM DISTRICT, PIN – 686631.`** - **`2 RAJAGOPAL.K., AGED 58 YEARS, S/O.KUMARAN NAIR, RESIDING AT KRISHNAPURI, ETTUMANOOR PO., KOTTAYAM DISTRICT – 686631.`** - **`3 MAHESH RAGHAVAN`** - **`AGED 42 YEARS,`** - **`S/O.RAGHAVAN, RESIDING AT PRASANNA BHAVAN, ETTUMANOOR PO., KOTTAYAM DISTRICT- 686631.`** ``` BY ADV M.HARISHARMA ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR PO., THIRUVANANTHAPURAM, PIN – 695033.`** - **`2 COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR PO., THIRUVANANTHAPURAM, PIN – 695033.`** - **`3 ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ETTUMANOOR, KOTTAYAM DISTRICT, PIN – 686631.`** ``` 2 ``` W.P.(C) No.5932 of 2023 ``` BY ADVS. ``` ``` SRI G.SANTHOSH KUMAR- STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` W.P.(C) No.5932 of 2023 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioners, who are devotees of Ettumanoor Sree Mahadeva Temple, have filed this writ petition under Article 226 of the Constitution of India seeking an order directing the 3[rd] respondent Assistant Devaswom Commissioner to include their names in Ext.P1 final list of members in the ‘registered mandalam’ in terms of notification No.ROC-1309/09/NS dated 30.11.2011 issued by the 2[nd] respondent Commissioner, Travancore Devaswom Board, for the formation of the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, which is a temple under the management of the 1[st] respondent Travancore Devaswom Board. The petitioners have also sought for a writ of mandamus commanding the 3[rd] respondent Assistant Devaswom Commissioner to postpone the election to the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple until consideration of Ext.P2 representation dated 28.01.2023 submitted by the 1[st] petitioner, Ext.P2(a) representation dated 28.01.2023 submitted by the 2[nd] petitioner and Ext.P2(b) representation dated 29.01.2023 submitted by the 3[rd] petitioner before the 2[nd] respondent-Devaswom Commissioner. 2. On 20.03.2023, when this writ petition came up for ``` 4 ``` W.P.(C) No.5932 of 2023 consideration, the learned Standing Counsel for the Travancore Devaswom Board sought time to file counter affidavit. 3. Counter affidavit of respondents 1 to 3 has been placed on record on 18.03.2023. Paragraphs 3 to 6 of that counter affidavit read thus,- “3. It is submitted that in compliance to the Judgment rendered by this Hon'ble Court in D.B.P.No.17 of 2022, the election proceedings for constituting the Temple Advisory Committee at Ettumanoor Mahadeva Temple were initiated by the 3[rd] respondent. As the preliminary step, applications were invited from eligible persons and the petitioners had submitted their applications and a draft electoral list was published on 10.01.2023 wherein the names of the petitioners were also seen included. 4. It may be noted against the inclusion of the petitioners in the draft electoral list, objections were raised stating that the petitioners and some other persons are included in criminal cases in which Charge Sheet has been already submitted. Therefore the 3[rd] respondent had verified the veracity of the same by submitting a letter to the SHO, Ettumanoor Police Station and accordingly he had submitted a letter on 25.01.2023. As per the same, seven criminal cases are pending against the 3[rd] petitioner before the J.F.C.M Court, Ettumanoor and one case against the 1[st] and 2[nd] petitioners. It was understood that in all the cases Charge Sheet has been submitted also. True copy of the letter dated 25.01.2023 issued by the SHO, Ettumanoor Police Station is produced herewith and marked as Exhibit ``` 5 ``` W.P.(C) No.5932 of 2023 ## R1(a). 5. It may be noted that all together 17 persons including the petitioners who were included in the draft electoral list were excluded from the list after scrutiny. Among the 17 persons, 7 persons were excluded for the reason that they were holding positions in the TAC which was in existence for the last 10 years under the leadership of the learned Advocate Commissioner. 10 persons including the petitioners were excluded from the list for the reason that criminal cases are pending against them. Apart from the petitioners, seven other persons who were excluded from the list for the very same reason has not challenged the same also. 6. It is further submitted that members to the temple advisory committee to be elected to the Ettumanoor Mahadeva temple shall be persons without any kind of criminal antecedents and it is with the said intention that the petitioners and others were excluded. In view of the festival which had commenced from 21.02.2023, the election process were kept in abeyance and now the festival had ended on 02.03.2023. Therefore, the further steps for constituting the TAC is affixing of seven days prior notice in the four Gopurams before the date of the meeting of the registered mandalam. The said process is expected to be completed before the end of March, 2023.” 4. The petitioners have filed a reply affidavit dated 21.03.2023. In the reply affidavit the petitioners have stated that criminal cases mentioned in Ext.R1(a) letter dated 25.01.2023 of the Station House Officer of Ettumanoor Police Station are ``` 6 ``` W.P.(C) No.5932 of 2023 registered in connection with the agitation by the devotees in relation to entry of women in Sabarimala Sree Dharma Sastha Temple. 5. Heard the learned counsel for the petitioner and also the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3. 6. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, deals with the formation of the Temple Advisory Committees. As per sub-section (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 subsection (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. 7. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the Board. ``` 7 ``` W.P.(C) No.5932 of 2023 The draft rules have been approved by this Court, by the order dated 03.11.2011 in DBA No. 153 of 2019. As per Clause (11) of the Rules, the term of an elected Temple Advisory Committee shall be two years from the date on which the Devaswom Commissioner grants approval, under Clause (8) of the said Rules, to the list of elected members forwarded by the Assistant Devaswom Commissioner. 8. 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. 9. Clause (3) of the Rules deals with membership, which reads thus; “ 3. അംഗത്വം 3.1. ്ഷേത്ത്ാചാര്ങളിലും വിത്ഗഹാരാധനയിലും വിശാസമു്ള ത്ാഴെ സൂചി്ᩔി്കു്ര വിഭാഗ്ങളിൽഴ്ᩔ്ട ത്രായരൂർ്ᩈിയായ ഏഴത്ാരു ഹി്മുവിനും അംഗത്വ്ᩈിന് അർഹത് ഉ്ിായിരി്കു്രത്ാണ്. (i) ്ഷേത്ത്രരിസര്ᩈ് അ്ഞ് കി്ഷലാമീ്റൽ ചു്റളവിനു്ളിൽ ത്ാമസി്കു്ര ഭ്വജന്ങൾ. (ii) ്ഷേത്രാര്ᩘരയമായി ബ്യഴ്ᩔ്ട കരകളി്ഷലാ ത്ര്ഷേശ്ങളി്ഷലാ ത്ാമസി്കു്ര ഭ്വജന്ങൾ. (iii) ്ഽിരമായി ്ഷേത്ത്സ്മർശനം നട്ᩈു്രവരും ്ഷേത്ത ിന്ഴെയും വിശവാസികളു്ഷടയും രു്ഷരാഗത്ിᩄ᪚്കു്ഷവ് എടു്ᩈു രെയ്ᩈ്ക സംഭാവനകൾ ഴചᩄ᪚ത്ി്ടു്ളവരുമായ ഭ്വജന്ങൾ. ``` 8 ``` W.P.(C) No.5932 of 2023 (iv) ്ഷേത്ത്രരിസര്ᩈ് ജനി്ചുവളർ്രവരും, ്ഷേത്ത ിന്ഴെ വികസന്ᩈിലും ആ്ഷ ാഷ്ങളിലും ര്ഝാളികളാവു്രവരും എ്രാൽ ജീവി്ഷത്ാരാധി്കായി മാെി ത്ാമസി്ഷ്ക് വരു്രവരുമായ ഭ്വജന്ങൾ. 3.2. സവാഭാവേൂഷയ്ങൾ്ഷ്കാ േുരുര്ഷയാഗ്ങൾ്ഷ്കാ സാ്ᩘ്ᩈിക ത്കമ്ഷ്കടുകൾ്ഷ്കാ ശിേി്കഴ്ᩔ്ടി ്ടു്ളവർ്കും ്ഷേ്ഷത്ത്ാര്ഷേശകസമിത്ികളിൽ ത്രവർ്ᩈി്ച് നിയമരഹിത്മായ ത്രവർ്ᩈന്ങളിൽ ഏർഴ്ᩔ്ടവർ്കും, ബു്ᩍിമാ്മയമു്ളവർ്കും അംഗത്വ്ᩈിന് അർഹത് ഉ്ിായിരി്കു്രത്ലല. 3.3. ത്ിരുവിത്ാംകൂർ ്ഷേവസവം ്ഷബാർഡ് നിഷ്കർഷി്ചി്ടു്ള ്ഷ ാെ്ᩈിൽ 100/- (രൂര നൂറ് മാത്ത്ം) ത്ര്ഷവശന ീ്ഷസാഴടാ്ᩔം അംഗത്വ്ᩈിന് അ്ഷരേ ഭ്വജന്ങളിൽ നി്രും സ്ᩃത്ഗൂ്ᩔ് ഓ ീസർ/ അഡ്മിനി്ി്ഷത്ട്റീവ് ഓ ീസർ സവീകരി്ഷ്ക്ിത്ാണ്. അ്ഷരേ രരി്ഷശാധി്ച് അംഗത്വം നൽകു്രത്ിന് അർഹത് ഉഴ്ി്ര് ്ഷബാധയഴ്ᩔ്ടാൽ സ്ᩃത്ഗൂ്ᩔ് ഓ ീസർ/അഡ്മിനി്ി്ഷത്ട്റീവ് ഓ ീസർ സാേയഴ്ᩔടു്ᩈിയ അംഗത്വകാർഡ് അവർ്ക് നൽ്ഷക്ിത്ുമാണ്. 3.4. അംഗത്വം നൽകു്രത്ിന് 3.1. ൽ നിഷ ർഷി്ചി്ടു്ള 4 വിഭാഗ്ᩈിൽഴ്ᩔ്ടവരിൽ, എ്ഞിനീയർമാർ, ആർ്കിഴട്ᨴ്, ചാർ്ഷ്ടഡ് അ്കൗ്ിന്റ്, വ്കീല്ᩖാർ, ഉയർ്ര ഉ്ഷേയാഗ്ങളിലിരു്ര് വിരമി്ചവർ ത്ുട്ങിയവഴര സ്ᩃത്ഗൂ്ᩔ് ഓ ീസർമാർ ്ഷനരി്ട് കാണുകയും ത്രത്ിവികസന കാരയ്ങളിൽ അവർ്ക് ത്ാത്രരയമുഴ്ി്ര് ക്ിാൽ അവഴര അംഗ്ങളാ്കു്രത്ിനു്ള നടരടികൾ സവീകരി്ഷ്ക്ിത്ുമാണ്. 3.5. ്ഷേത്ഉര്ഷേശക സമിത്ിഴയ ഴത്രഴെടു്കു്രത്ിന് അംഗത്വകാർഡ് ലഭി്കു്ര അംഗ്ങഴള ഉൾഴ്കാ്ളി്ചുഴകാ്ിു്ള ഒരു രജി്ഷേർഡ് മ്ണലം ഉ്ിായിരി്കു്രത്ാണ്. 3.6. ഒരു ്ഷേ്ഷത്ത്ാര്ഷേശക സമിത്ിയിൽ അംഗമാകു്ര വയ്വി ്ഷേവസവം ്ഷബാർഡിന്ഴെ കീെിലു്ള മ്റ് ്ഷേത്ത ളിഴല്ഷയാ ഏഴത ിലും സവകാരയ്ഷേത്ത ളിഴല്ഷയാ ഉര്ഷേശകസമിത്ിയി്ഷലാ മ്റു ഭരണസമിത്ിയി്ഷലാ അംഗമായിരി്കാൻ രാടിലല." 10. The provisions under Clause (3) make it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5 kms from ``` 9 ``` W.P.(C) No.5932 of 2023 the temple, who are regular worshipers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. 11. In **Santharam Roy T.S. v. Travancore Devaswom Board and others [2022 (2) KHC 595 (DB)]** this Court held that, the provisions under Clause (3) of the Rules makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshipers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of ‘registered mandalam’. The election of members to the Temple Advisory Committee is made from among the members of ‘registered mandalam’ present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 12. Clause (5) of the Rules deals with election. As per Clause (5), the Assistant Devaswom Commissioner shall ``` 10 ``` W.P.(C) No.5932 of 2023 convene a general meeting of registered devotees to elect members other than the permanent members of the Advisory Committee. For that purpose, notice shall be given to the members at least one week before the scheduled meeting. At the meeting so convened the members of the Advisory Committee shall be elected by consensus. If, for any reason, names of more than the prescribed number of members to be nominated are suggested, the names of prescribed number of members shall be drawn by lots in front of the sanctum sanctorum, in the presence of the Assistant Devaswom Commissioner. ## 13. In **Santharam Roy T.S. [2022 (2) KLT SN 24]** this Court held that the when no particular form of notice is provided in Clause (5) of the Rules, the publication of notice convening a general meeting of registered devotees to elect members other than the permanent members to the Advisory Committee on the notice board of the Travancore Devaswom Board inside the temple premises as well as on all ‘gopurams’ of the temple is sufficient compliance of the requirement of notice provided in Clause (5) of the said Rules. ``` 11 ``` W.P.(C) No.5932 of 2023 14. The issue that requires consideration in this writ petition is as to whether the 3[rd] respondent Assistant Devaswom Commissioner was justified in excluding the name of the petitioners from Ext.P1 final list of the members of the ‘registered mandalam’ for the formation of the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, on the ground that they are involved in certain criminal cases referred to in Ext.R1(a) letter dated 25.01.2023 issued by the Station House Officer, Ettumanoor Police Station. 15. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the criminal cases referred to in Ext.R1(a) letter dated 25.01.2023 of the Station House Officer, Ettumanoor Police Station are registered in connection with the agitation by the devotees in relation to entry of women in Sabarimala Sree Dharma Sastha Temple. 16. Having considered the pleadings and materials on record and also the submissions made by the learned counsel for the petitioner and also the learned Standing Counsel for Travancore Devaswom Board, we find that there is absolutely no justification on the part of the 3[rd] respondent Assistant ``` 12 ``` W.P.(C) No.5932 of 2023 Devaswom Commissioner in excluding the names of the petitioners from Ext.P1 final list of the members of ‘registered mandalam’ for the formation of Temple Advisory Committee in Ettumanoor Sree Mahadeva Temple. In the result, this writ petition is disposed of by directing the 3[rd] respondent Assistant Devaswom Commissioner to include the names of the petitioners in Ext.P1 final list of the members of ‘registered mandalam’ for the formation of Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, thereby enabling them to participate in the meeting of the ‘registered mandalam’, scheduled to be held on 26.03.2023. The 3[rd] respondent Assistant Devaswom Commissioner shall convene the meeting of ‘registered mandalam’ strictly in terms of the procedure contemplated in the Rules, taking note of the directions contained in the judgment/order of this Court dated 09.11.2022 in DBP No.17 of 2022 and connected matters. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- dkr ``` 13 ``` W.P.(C) No.5932 of 2023 ## **`APPENDIX OF WP(C) 5932/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT-P1 ``` ``` TRUE COPY OF THE FINAL ELECTORAL LIST DATED 27.01.2023 FOR KSHETHRA UPADESAKA SAMITHY ELECTION. ``` ``` EXHIBIT-P2 ``` ``` TRUE COPY OF REPRESENTATION DATED 28.01.2023 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ``` ``` EXHIBIT-P2(A) ``` ``` TRUE COPY OF REPRESENTATION DATED 28.01.2023 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ``` ``` EXHIBIT-P2(B) ``` ``` TRUE COPY OF REPRESENTATION DATED 29.01.2023 FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT-R1(A) TRUE COPY OF THE LETTER DATED 25/01/2023 ISSUED BY THE SHO, ETTUMANOOR POLICE STATION. ```