T.R. Nandanam and others v. Cochin Devaswom Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR. JUSTICE A. BADHARUDEEN`** ``` MONDAY, THE 22[ND] DAY OF AUGUST 2022 / 31ST SRAVANA, 1944 ``` ``` W.P.(C)NO.25648 OF 2014 ``` ## **`PETITIONERS:`** - **`1 T.R.NANDANAN, SREERAGAM, PUTHIYEDAM, KANJOOR (P.O.), ALUVA, ERNAKULAM DISTRICT.`** - **`2 M.C.RAGHU,`** ``` MADASSERY, PUTHIYEDAM, PARAPPURAM (P.O.), ALUVA, ERNAKULAM DISTRICT. ``` - **`3 PRIYA RAGHU, W/O.M.C.RAGHU, MADASSERY, PUTHIYEDAM, PARAPPURAM (P.O.), ALUVA, ERNAKULAM DISTRICT.`** - **`4 P.KESAVA CHANDRAN, VARANATTU (SANKARI), PUTHIYEDAM, KANJOOR (P.O.), ALUVA, ERNAKULAM DISTRICT.`** - **`5 ADDL.R5. P. ASOKAN, PARUTHAPPILLY VEEDU, PARAPPURAM P.O., KANJOOR, ERNAKULAM DISTRICT-683 593,`** - **`PRESIDENT, PUTHIYEDATH KSHETHRA UPADESAKA SAMITHI,`** ``` IS IMPLEDED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DTD. 01/12/2014 IN IA 13449/2014. ``` ``` BY ADVS. SRI.G.BIJU SRI.S.JAYAPRAKASH MADAVOOR SRI.V.A.VINOD ``` W.P.(C)NO.25648 OF 2014 2 ## **`RESPONDENTS:`** - **`1 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR-1.`** - **`2 THE SPECIAL DEVASWOM COMMISSIONER, OFFICE OF THE SPECIAL DEVASWOM COMMISSIONER, ROUND NORTH, THRISSUR-1.`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER, THRIPPUNITHURA GROUP, COCHIN DEVASWOM BOARD, THRIPPUNITHURA, ERNAKULAM-682020.`** - **`4 THE JUNIOR DEVASWOM OFFICER, PUTHIYEDOM DEVASWOM, THRIPPUNITHURA SUB GROUP, COCHIN DEVASWOM BOARD, THRIPPUNITHURA, ERNAKULAM-682020.`** ``` BY ADVS. ``` ``` SRI.G.RAJAGOPAL, SC, COCHIN DEVASWOM BOARD SMT.K.AMMINIKUTTY SRI.N.RAGHURAJ SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD ``` ## **`OTHER PRESENT:`** ## **`SRI N .RAJAGOPALAN NAIR- STANDING COUNSEL ,COCHIN DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C)NO.25648 OF 2014 3 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who are the devotees of Puthiyedom Sree Krishna Swami Temple, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 order dated 01.09.2014 issued by the 2[nd] respondent Special Devaswom Commissioner, whereby they are disqualified from being elected as members of the Temple Advisory Committee of that temple. The petitioners have also sought for a writ of mandamus commanding respondent to issue membership application form to the petitioners and allow them to take part in the selection process of Temple Advisory Committee of Puthiyedom Sree Krishna Swami Temple; and a writ of mandamus commanding the 1[st] respondent to consider and pass orders on Ext.P7 petition, within a time limit to be fixed by this Court. 2. On 01.10.2014, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel took notice for the respondents. The Court passed the following order, which read thus; “Heard learned counsel on both sides. Perused the records. After hearing learned counsel on both sides and on going through the pleadings and materials presently on record, we are of the opinion that subject to further orders to be passed by this Court, the 4[th] respondent should issue application forms for enrolment as members of the Kshethra Upadeshaka Samithi to the W.P.(C)NO.25648 OF 2014 4 petitioners, on the petitioners producing a copy of this order before him.” 3. A counter affidavit has been filed by the 1[st] respondent opposing the relief sought for in this writ petition. A third party, who got himself impleaded as additional 5[th] respondent by order dated 01.12.2014 in I.A.No.13449 of 2014, has also filed a counter affidavit. 4. Heard the learned counsel for the petitioner, the learned Standing Counsel for Cochin Devaswom Board for respondents 1 to 4 and also the learned counsel for the additional 5[th] respondent. 5. The constitution of the Temple Advisory Committee in the temples under the management of the Travancore Devaswom Board are governed by the provisions under Section 31A of the TravancoreCochin Hindu Religious Institutions Act, 1950 and also the Rules framed under the provisions of Section 35(2)(a) of the said Act. 6. 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 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 W.P.(C)NO.25648 OF 2014 5 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 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. W.P.(C)NO.25648 OF 2014 6 7. The Rules framed by the Travancore Devaswom Board, under the provisions of Section 35(2)(a) of the Act deals with eligibility criteria and also disqualification for being elected as a member of the Temple Advisory Committee of a temple managed by the Travancore Devaswom Board. 8. The learned counsel for the petitioners would submit that this writ petition may be closed, leaving open the legal and factual contentions raised by the petitioners. The learned counsel would also point out that the 1[st] petitioner is no more. Recording the aforesaid submissions made by the learned counsel for the petitioners, this writ petition is closed, leaving open the legal and factual contentions raised by the petitioners. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **A. BADHARUDEEN, JUDGE** MIN W.P.(C)NO.25648 OF 2014 7 ## **`APPENDIX OF WP(C) 25648/2014`** ## **`PETITIONERS' EXHIBITS:`** ``` EXHIBIT-P1: TRUE COPY OF THE ORDER DATED 01.09.2014 ISSUED BY THE 2ND RESPONDENT. ``` - **`EXHIBIT-P2 TRUE COPY OF THE REPORT SUBMITTED BY THE LEARNED OMBUDSMAN IN COMPLAINT NO.254/2008 AS CDB REPORT NO.139/2009.`** - **`EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 15.12.2010 IN DBP NO.52 OF 2009 OF THIS HON'BLE COURT.`** - **`EXHIBIT-P4 TRUE COPY OF THE ACCOUNTS COMPILATION REPORT GIVEN BY THE CHARTERED ACCOUNTANT.`** - **`EXHIBIT-P5 TRUE COPY OF THE INTERIM ORDER DATED 17.9.2014 PASSED IN W.P.(C) NO.20348/2013.`** - **`EXHIBIT-P6 TRUE COPY OF THE CIRCULAR DATED 23.9.2014 ISSUED BY THE FIRST RESPONDENT BOARD.`** - **`EXHIBIT-P7 TRUE COPY OF THE PETITION SUBMITTED BY PETITIONERS BEFORE THE RESPONDENT BOARD DATED 29.9.2014.`** ``` RESPONDENTS' EXHIBITS: ``` ``` Exhibit R5 A TRUE PHOTOCOPY OF THE NOTICE DATED 06.10.2009. ``` ``` Exhibit R5 B TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 24.03.2014 IN W.P.(C).7911 OF 2014. ``` ``` Exhibit R5 C TRUE PHOTOCOPY OF THE FIR NO. 581/2014. ``` W.P.(C)NO.25648 OF 2014 8 ``` Exhibit R5 D TRUE PHOTOCOPY OF THE COMPLAINT OF THE 4TH RESPONDENT AGAINST THE 2ND WRIT PETITIONER. Exhibit R5 E TRUE PHOTOCOPY OF THE APOLOGY LETTER. Exhibit R5 F TRUE PHOTOCOPY OF THE JUDGMENT DATED 04.06.2014 IN W.P.(C).7911 OF 2014. Exhibit R5 G TRUE PHOTOCOPY OF THE REPORT OF OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS IN COMPLAINT NOS.221/2013, 223/2013 AND 115/2014 DATED 24.06.2014. ```