P. Velappan Nair and others 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 P.G. AJITHKUMAR** **WEDNESDAY, THE 22[ND] DAY OF JUNE 2022 / 1ST ASHADHA, 1944 W.P.C)NO.23123 OF 2021** ## **PETITIONERS:** |**1**|**P.VELAPPAN NAIR**| |---|---| ||**AGED 70 YEARS**| ||**S/O.PADMANABHA PILLAI, KANIVILAKATHU VEEDU,**| ||**MURIYANKARA, PARASSALA P.O, THIRUVANANTHAPURAM,**| ||**PIN - 695 502**| |**2**|**C.MOHANAN**| ||**AGED 56 YEARS**| ||**S/O.CHINNANADAR, MATHRAKAL VILA VEEDU, MURIYANKARA,**| ||**PARASSALA P.O, THIRUVANANTHAPURAM, PIN - 695 502**| |**3**|**P.SURESH**| ||**AGED 42 YEARS**| ||**S/O.PONNUMONY, SURESH BHAVAN, PRAKKATHERI, MELEKONAM,**| ||**PARASSALA P.O, THIRUVANANTHAPURAM, PIN - 695 502**| |**4**|**P.VINEESH**| ||**AGED 37 YEARS**| ||**S/O.PARAMASIVAN, PUTHUVAL PUTHEN VEEDU, PUTHENKADA,**| ||**PARASSALA P.O, THIRUVANANTHAPURAM, PIN -695 502**| |**5**|**SIRLING R**| ||**AGED 45 YEARS**| ||**S/O.RAJAMONI, DHARMAVILASOM, MURIYANKARA,**| ||**PARASSALA P.O, THIRUVANANTHAPURAM, PIN - 695 502**| ||**BY ADVS.**| ||**SAMPATH V. TOMS**| ||**AMBROSE JUDE DCRUZ**| ## **RESPONDENTS:** |**1**|**TRAVANCORE DEVASWOM BOARD**| |---|---| ||**DEVASWOM HEAD QUARTERS, NANTHANCODE,**| ||**THIRUVANANTHAPURAM, PIN 695 003**| ||**REPRESENTED BY ITS SECRETARY,**| |**2**|**DEVASWOM COMMISSIONER**| ||**TRAVANCORE DEVASWOM BOARD OFFICE, NANTHANCODE,**| ||**THIRUVANANTHAPURAM , PIN 695 003**| **W.P.C)NO.23123 OF 2021** **2** - **3 ASSISTANT DEVASWOM COMMISSIONER NEYYATTINKARA GROUP, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695 121** - **4 THE SUB GROUP OFFICER PARASSALA SUB GROUP, NEYYATTINKARA GROUP, MURIYANKARA DEVASWOM, SHRI MAHADEVA TEMPLE, PARASSALA P.O, THIRUVANANTHAPURAM, PIN 695 502** **5 ADDL.R5. THE AD-HOC TEMPLE ADVISORY COMMITTEE, ELANKOM SREE BHUVANESWARI DEVI TEMPLE, MURIYANKARA DEVASWOM, PARASSALA SUB GROUP, NEYYATTINKARA GROUP, TRAVANCORE DEVASWOM BOARD, PARASSALA P.O., THIRUVANANTHAPURAM, PIN-695502. REPRESENTED BY ITS SECRETARY: K.ANIL KUMAR, S/O. N.KUMARAPILLA, AGED 47 YEARS, RESIDING AT: THRUVATHIRA, AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM, KERALA, PIN-695502.** **IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED 13.12.2021 IN I.A.1/2021 IN WP(C) 23123/2021.** **BY ADVS. G.SANTHOSH KUMAR (P). SIBI THOMAS JACOB SUMESH S.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.C)NO.23123 OF 2021** **3** ## **J U D G M E N T** Anil K. Narendran, J The petitioners who are devotees of Muriyankara Shri Elankom Bhuvaneswari Devi Temple, Thiruvananthapuram, which is managed by the 1[st] respondent Travancore Devaswom Board, which comes under Parassala Sub Group, have filed this writ petition under Article 226 of the Constitution India seeking a writ of mandamus commanding respondents 1 to 4 to initiate proceedings for election of a temple advisory committee of the said temple in terms of Ext.P4 Rules regarding formation of Temple Advisory Committee in the temples under the management of Travancore Devaswom Board. By the order dated 13.12.2021 in I.A.No.1 of 2021, the Ad-hoc Temple Advisory Committee of Muriyankara Shri. Elankom Bhuvaneswari Devi Temple, represented by its Secretary was impleaded as additional 5[th] respondent. The learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 4. Urgent notice on admission by speed post was ordered to the 5[th] respondent returnable within three weeks. 2. Respondents 1 to 4 have filed a counter affidavit dated 30.11.2021, opposing the relief sought for in this writ **W.P.C)NO.23123 OF 2021** **4** petition, contending that, the appointment of an Ad-hoc Committee, in the place of a duly elected Temple Advisory Committee under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (for brevity, ‘the Act’) was approved by the 2[nd] respondent Devaswom Commissioner, vide Ext.R1(a) order dated 13.07.2021. Since various developmental activities were pending, if election is conducted, there is no guarantee that the new committee will be able to complete the aforesaid works by finding new sponsors. 3. The petitioner has filed a reply affidavit dated 12.12.2022, producing therewith Exts.P6 to P10 as additional documents. The 5[th] respondent Ad-hoc Committee has filed a counter affidavit dated 17.01.2022, raising various contentions. In paragraph 6 of that counter, certain allegations are made against the 5[th] petitioner. Paragraphs 6 to 9 of that counter affidavit reads thus: “6. It is submitted that the first petitioner was the president of the Ad-hoc Committee selected during the year 2015. The said selection was erroneous and resulted in large corruption. The Ad-hoc Committee constituted in the year 2015 by inculcating the petitioners herein did so many illegal activities which were detrimental to the Devaswom. The Ad-hoc Committee presided over by the first petitioner misappropriated Devaswom funds and made **W.P.C)NO.23123 OF 2021** **5** encroachments into the Devaswom property for their personal gains. Petitioner No.5 went farther and stole and sold Devaswom property worth lakhs of rupees including wooden logs. The previous Ad-hoc Committee presided over by the first petitioner did not produce any account statements before Devaswom regarding the ‘ultsavam' conducted during the year 2015. The enquiry conducted in this regard revealed that the first petitioner misappropriated lot of amounts and did forgery in accounts. The first petitioner amassed wealth and fraudulently allocated properties gifted by devotees in his individual name. The petitioners wilfully encroached into the Devaswom property and illegally possessed a large extent of the Devaswom property. The first petitioner along with other petitioners looted the Devaswom property against which various complaints were lodged before the Respondent No.1 and Criminal cases were filed against petitioners accordingly. Two crimes were registered in the name of the Petitioner No.5 before Parassala Police Station. True copy of the F.I.R dated 20.01.2021 of Parassala Police Station registered against the petitioners is produced herewith and marked as Exhibit R5(a). True copy of the F.I.R dated 01.04.2018 of Parassala Police Station registered against the petitioner no.5 is produced herewith and marked as Exhibit R5(b). Even, this Hon'ble Court has effectively intervened to transfer back the property illegally obtained by the 1[st] petitioner. A true copy of the order in DBP No. 112 of 2014 dated 01.09.2014 is produced herewith and marked as Exhibit R5 (c). 7. It is submitted that the respondent no.5 has made all arrangements and preparations to celebrate the upcoming **W.P.C)NO.23123 OF 2021** **6** 'Kumba Bharani Mahotsavam' which is scheduled to be held on February 16[th] 2022 to 15[th] March 2022. True copy of the detailed program notice dated 10.08.2020 is produced herewith and marked as Exhibit R5(d). But the petitioners are continuously making problems in the temple premises to disrupt the preparations for the aforesaid festival. The petitioner No.5 is a senior clerk in judicial department and he is making use of the said designation to threaten the devotees and to cover his criminal activities. It is submitted that the devotees preferred various complaints before police authorities regarding his criminal activities including theft and drug trade. True copy of the complaint preferred to Special branch ADGP dated 10.8.2020 is produced herewith and marked as Exhibit R5 (e). 8. It is submitted that the period of operation of the present Ad-hoc Committee will expire on the completion of the proposed constructions. The petitioners in the above writ petition preferred the writ petition not with genuine interest and devotion in Devaswom matters but only intended to cause turbulence in smooth functioning of the Ad-hoc Temple Advisory Committee and to obstruct the scheduled temple constructions. The allegations and averments raised in the writ petition are devoid of any truth and lacks bonafides. The petitioners in the above writ petition preferred writ petitions one after another only to interfere and obstruct the temple constructions carried out by the respondent no.5 which are being carried by raising funds from sponsors without using Devaswom funds or money collected by public collection. 9. It is respectfully submitted that the respondent No.5 is proceeding with sanction accorded by the respondent no.1 **W.P.C)NO.23123 OF 2021** **7** dated 9.11.2021. It is submitted that earlier Ad-hoc Committee had conducted Devaprasnam' and 'Prasnaparihara Kriya'. It is submitted that the Ad-hoc Committee has constructed 'Nalambalam'. It is submitted that maintenance works of the 'Sreekovil' also meticulously completed. A detailed plan is prepared and sent for approval for constructing 'Murukan' temple and 'Ganapathi' temple. The aforementioned plans were approved along with plans to construct Nadapanthal, Thidappally, store and Pattu Chavadi, etc. which were advised to construct during 'Devaprasnam'. The respondent no.5 found sponsors to execute those works and the efforts of respondent 5 are about to be fulfilled after the festival scheduled in March 2022. Respondent no.5 already performed 'Devipratishta' in accordance with customs without giving room for any allegation. It is submitted that the respondent no.5 did all the aforesaid advancements only after securing order numbered R.O.C.10223/21/M dated 09.11.2021 issued by the Respondent no.1. True copy of the R.O.C.10223/21/M dated 09.11.2021 issued by the Respondent no.1 is produced herewith and marked as Exhibit R5(f). The respondent no.5 has already completed construction of the stage for the Devaswom also.” 4. Along with I.A.No.1 of 2022, the petitioners have filed an affidavit dated 02.03.2022, which is one sworn to by Sri P.Rajesh. The additional 5[th] respondent has filed a counter affidavit in that interlocutory application. 5. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for **W.P.C)NO.23123 OF 2021** **8** respondents 1 to 4 and also the learned counsel for the additional 5[th] respondent. 6. Section 31A of the Act 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. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Ext.P4 Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 7. Clause (2) of Ext.P4 Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of Ext.P4 Rules one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the **W.P.C)NO.23123 OF 2021** **9** 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. 8. Clause (3) of Ext.P4 Rules deals with membership. Clause (3) makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshipp ers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with class of persons who are entitled to get membership. 9. 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 framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Board 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 worshipp ers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the **W.P.C)NO.23123 OF 2021** **10** 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. 10. Clause (11) of Ext.P4 Rules, which deals with term of office of the Temple Advisory Committee. As per Clause (11) of Ext.P4 Rules, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the 1[st] respondent Board can extend the term for a further period of one year. Clause (11) makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 11. 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 Act the formation of **W.P.C)NO.23123 OF 2021** **11** Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that, the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the approved bye-laws is to see that timely elections are held and the constitution of the Committees are not **W.P.C)NO.23123 OF 2021** **12** delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the approved bye-laws, shall not be exercised as a matter of course. They shall call for report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether extension of term has to be given or not. 12. Clause (12) of Ext.P4 Rules deals with powers and rights of the Devaswom Board. As per Clause (12), the Devaswom Commissioner shall have the power to determine the qualification of the members of the Advisory Committee, the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In the event of the activities of the Advisory Committee being contrary to the interest of the Temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 13. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others** [Judgment dated 25.05.2022 in W.P.(C) No.7421 of 2022 - MANU/KE/1627/2022] one of the contentions raised before this Court by the learned counsel for **W.P.C)NO.23123 OF 2021** **13** respondents 5 to 10 was that, the construction or repair or renovation work that has to be undertaken in a Temple under the management of the 1[st] respondent Board is outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. This Court noticed that, insofar as the aforesaid contention raised by the learned counsel for respondents 5 to 10 is concerned, as per Clause (2) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute the same with the approval of the Board. Clause (11) of Ext.P4 Rules provides that, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the 1[st] respondent Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. **W.P.C)NO.23123 OF 2021** **14** 14. Clause (9) of Ext.P4 Rules deals with office bearers and their duties. Clause (9.1) deals with President, Clause (9.2) deals with Vice President, Clause (9.3.) deals with Secretary and Clause (9.4) deals with Treasurer. As per Clause (9) of Ext.P4 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 1st respondent Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them 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 the 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 Ext.P4 Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure **W.P.C)NO.23123 OF 2021** **15** of the Advisory Committee is with the approval of the Committee and with the knowledge of the President and the Secretary. 15. In **Sunil Kumar C.** [MANU/KE/1627/2022] this Court held that, a reading of the provisions under Clause (9) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees makes 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. It would certainly be open to the Travancore Devaswom Board to undertake such construction, repair or renovation work in a temple, directly by its Maramath Department. However, when the Board has chosen to undertake such construction or repair or renovation work in a temple through a committee, under the supervision of the officials in Maramath Department, it has to be undertaken through the Temple Advisory Committee constituted under Section 31A of the Act, under constant supervision and scrutiny by the concerned officers of the 1[st] respondent Board, in order to ensure that the activities of the committee are in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act contemplate constitution of a Temple Advisory Committee in the temples under the **W.P.C)NO.23123 OF 2021** **16** management of the Board, which is assigned with various duties as per the said Rules, which includes undertaking various developmental activities in the temple, the normal rule is that any developmental activity in a temple, which is not undertaken directly by the 1[st] respondent Board through its officials in the Maramath Department, has to be undertaken through the Temple Advisory Committee. In view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the said Rules, and also the law laid down by this Court in **Chandu K. [2021 (3) KHC 379]** , this Court found that the construction, 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. 16. Clause (18) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause **W.P.C)NO.23123 OF 2021** **17** (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. In **Sunil Kumar C.** [MANU/KE/1627/2022], this Court held that, the provisions under Clause (18) of the said Rules provide sufficient safeguards to prevent illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 17. In **Sunil Kumar C.** [MANU/KE/1627/2022], on the facts of the case on hand, this Court noticed that, the extension of term granted to the Temple Advisory Committee of Sree Subrahmanya Swamy Temple, Haripad, originally for a period of one year, as evidenced by communication dated 11.02.2019 of the Deputy Commissioner, was absolutely without any basis. The reason for such extension of term is not discernible from the said communication of the Deputy Commissioner. The further extension of term for a period of six months each granted by the 1[st] respondent Board, as evidenced by communications dated 11.03.2020 and 28.10.2020, are for completing the renovation work of the Koothambalam and for taking preparatory steps for Chithira Festival scheduled on 14.04.2020 and 14.04.2021 respectively. No materials were placed on record either by respondents 1 to 4 or by respondents 5 to 10 to show that any **W.P.C)NO.23123 OF 2021** ## **18** development work in connection with renovation of the Koothambalam commenced prior to 12.03.2019, for granting extension of the term of the Temple Advisory Committee by one year, by the Devaswom Commissioner, in exercise of his powers under Clause (11) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees. The extended term of one year expired on 12.03.2020. Thereafter, the 1[st] respondent Board extended the term of the Committee for a period of one year (six months each), i.e., till 12.03.2021. Just before the expiry of the term, 'Anunja' ceremony was conducted on 04.03.2021 for obtaining the permission of deity to commence the renovation work of the Koothambalam. After obtaining 'Anunja' on 04.03.2021, no development activity in connection with renovation of the Koothambalam could be commenced, which is evident from the fact that the 1[st] respondent Board accorded sanction to execute the work at the revised rate of Rs. 51,00,000/- only on 07.12.2021, as evidenced by proceedings dated 07.12.2021. Thereafter, respondents 6 to 10, who obtained 'Anunja' on 04.03.2021, entered into an agreement [Annexure R1(c)] with the Executive Engineer, Mavelikkara, only on 18.01.2022. in view of the provisions under Clause (2), Clause (9) and Clause (11) of the said Rules and also the law laid down by **W.P.C)NO.23123 OF 2021** **19** this Court in **Chandu K. [2021 (3) KHC 379]** , the construction, 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. When respondents 6 to 10 are disqualified from being elected as members of the Temple Advisory Committee in view of the prohibition contained in Clause (18) of the said Rules, they cannot be included as members of an Ad-hoc Committee formed for the renovation of the Koothambalam. 18. During the course of arguments, on a query made by this Court, the learned Standing counsel for Travancore th - Devaswom Board would submit that, the 5 respondent Ad hoc Committee is not undertaking any development works in Muriyankara Shri Elankom Bhuvaneswari Devi Temple. The 3[rd] respondent Assistant Devaswom Commissioner shall take necessary steps to convene the meeting of the registered mandalam, for electing new members of the Temple Advisory Committee of Muriyankara Shri Elankom Bhuvaneswari Devi Temple, strictly in terms of Ext.P4 Rules, within the time limit to be fixed by this Court. 19. In paragraph 6 of the counter affidavit dated 17.01.2022 filed by the 5[th] respondent Ad-hoc Committee, serious **W.P.C)NO.23123 OF 2021** **20** allegations are made against the 5[th] petitioner Sri. Sirling R. He is arrayed as the 1[st] accused in Ext.R5(a) FIR in Crime No.92 of 2021 of Parassala Police Station, alleging offences punishable under Sections 452, 506 and 120B of the Indian Penal Code, 1860. He is arrayed as the accused in Ext.R5(b) FIR in Crime No.646 of 2018 of Parassala Police Station, alleging offences punishable under Sections 294(b), 323, 324 and 308 of the Indian Penal Code, 1860. In paragraph 7 of the counter affidavit, it is averred that, the 5th petitioner is a Senior Clerk in the judicial department [sic: District Judiciary], who threatened the devotees to cover up his illegal activities. The devotees preferred various complaints before the Police regarding his criminal activities. The document marked as Ext.R5(e) is a complaint dated 10.08.2020 of the devotees, which is one addressed to the Additional Director General of Police (Special Branch), which contains serious allegations against the 5[th] petitioner. A copy of Ext.R5(e) complaint is marked to Registrar of this Court and also to District Judge, Thiruvananthapuram. Registry to issue a copy of this judgment and also a copy of the pleadings in this writ petition, including the counter affidavit filed by the 5[th] respondent dated 17.01.2022, to Registrar (District Judiciary), for information and necessary action through the concerned District Judge or the **W.P.C)NO.23123 OF 2021** **21** Chief Judicial Magistrate, as the case may be, in case the situation warrants. 20. In such circumstances, this writ petition is disposed of by directing the 3[rd] respondent Assistant Devaswom Commissioner to take necessary steps to convene the meeting of ‘registered mandalam’, in accordance with the provisions under Ext.P4 Rules, for electing new members of the Temple Advisory Committee of Muriyankara Shri Elankom Bhuvaneswari Devi Temple, and the process in this regard shall be completed, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. No order as to costs. ## **Sd/ANIL K. NARENDRAN JUDGE** **Sd/P.G. AJITHKUMAR JUDGE** PV **W.P.C)NO.23123 OF 2021** **22** ## **APPENDIX OF WP(C) 23123/2021** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD (2ND RESPONDENT) BY THE 1ST PETITIONER AND OTHER DEVOTEES, DATED 16-03-2020** **Exhibit P2 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS ALONG WITH OTHER DEVOTEES BEFORE THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD (2ND RESPONDENT) DATED 16-08-2021** - **Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 16-08-2021** - **Exhibit P3A TRUE COPY OF PRINTOUT OF THE PROOF OF DELIVERY OF EXT P2 REPRESENTATION OBTAINED FROM THE OFFICIAL WEBSITE OF INDIA POST, DATED NIL** - **Exhibit P4 TRUE COPY OF TEMPLE ADVISORY COMMITTEE FINAL NOTIFICATION BEARING NUMBER ROC1809/09/NS ISSUED BY THE TRAVANCORE DEVASWOM BOARD, DATED: 30-11-2011.** - **Exhibit P5 TRUE COPY OF JUDGMENT IN WP(C) NO. 22123 OF 2021 DELIVERED BY THE HON'BLE HIGH COURT OF KERALA, DATED 22-10-2021 RESPONDENTS' EXHIBITS** - **Exhibit R5(a) TRUE COPY OF THE F.I.R. DATED 20/01/2021 OF PARASSALA POLICE STATION REGISTERED AGAINST THE PETITIONERS.** - **Exhibit R5(b) TRUE COPY OF THE F.I.R. DATED 01/04/2018 OF PARASSALA POLICE STATION REGISTERED AGAINST THE PETITIONER NO.5.** - **Exhibit R5(c) TRUE COPY OF THE ORDER IN DBP NO.112/2014 DATED 01/09/2014.** - **Exhibit R5(d) TRUE COPY OF THE DETAILED PROGRAM NOTICE DATED 10/08/2020.** **Exhibit R5(e) TRUE COPY OF THE COMPLAINT PREFERRED TO SPECIAL BRANCH ADGP DATED 10/08/2020.** **W.P.C)NO.23123 OF 2021** **23** **Exhibit R5(f) TRUE COPY OF THE R.O.C.10223/21/M DATED 09/11/2021 ISSUED BY THE RESPONDENT NO.1.** **Exhibit R5(g)** **TRUE COPY OF THE COMPLETE ADDRESS OF PERSONS INCLUDED IN THE SPONSORS LIST** **PETITIONER'S EXHIBITS** **Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO: 2419/2018 OF THE HON'BLE HIGH COURT OF KERALA DATED 23.01.2018,** - **Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO: 42379/2018 OF THE HON'BLE HIGH COURT OF KERALA DATED 07.02.2018,** - **Exhibit P8 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005 DATED 30.10.2021.** **Exhibit P9 TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 02.11.2021.** - **Exhibit P10 TRUE COPY OF THE NOTICE ISSUED BY THE 2021-2022 AD-HOC TEMPLE ADVISORY COMMITTEE OF ELAMKON BHUVANESHWARI DEVEI TEMPLE DATGED:- NIL.** **Exhibit P11** **THE AFFIDAVIT (IN ORIGINAL) SWORN TO BY SHRI.P.RAJESH, DATED 02.03.2022.** **RESPONDENTS' EXHIBITS** - **Exhibit R1(a) TRUE COPY OF THE LIST OF THE AD-HOC TEMPLE ADVISORY COMMITTEE APPROVED BY THE 2ND RESPONDENT DATED 13.07.2021.** - **Exhibit R1(b) TRUE COPY OF THE ORDER DATED 09.11.2021 ISSUED BY THE 1ST RESPONDENT.** **Exhibit R1(c)** **TRUE COPY OF THE APPROVAL DATED 29.09.2021 ALONG WITH THE LIST OF THE AD HOC TEMPLE ADVISORY COMMITTEE MEMBERS.**