Temple Advisory Committee vs Travancore Devaswom Board - Tdb
2021 Latest Caselaw 16746 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
                                    &
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         W.P.(C) NO.14348 OF 2021
PETITIONER:

              TEMPLE ADVISORY COMMITTEE,
              SREE RAMESWARAM MAHADEVA TEMPLE,
              ANCHUKALLUMOODU, KOLLAM
              REPRESENTED BY ITS SECRETARY,
              VINOD KUMAR. J,
              AGED 50 YEARS, S/O. LATE. G JANARDHANAN PILLAI,
              LALITHALAYAM, KAIKKULANGARA NORTH, KOLLAM DISTRICT.

              BY ADVS. R.BINDU (SASTHAMANGALAM)
                       PRASANTH M.P


RESPONDENTS:

     1        TRAVANCORE DEVASWOM BOARD,
              NANTHANCODE, THIRUVANANTHAPURAM,
              PIN-695 003, REPRESENTED BY ITS SECRETARY.

     2        THE ASSISTANT COMMISSIONER,
              TRAVANCORE DEVASWOM BOARD, KOLLAM, PIN-691 007.

     3        THE DEPUTY COMMISSIONER,
              TRAVANCORE DEVASWOM BOARD,
              NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003.

     4        R. SUNITHA KUMARI,
              SECOND GRADE SUB GROUP OFFICER,
              RAMESWARAM TEMPLE, ANCHUKALLUMOODU,
              KOLLAM, PIN-691 012.

              BY ADV G.SANTHOSH KUMAR,
              STANDING COUSEL, TRAVANCORE DEVASWOM BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.14348 OF 2021
                                  -2-

                            JUDGMENT

C.T. RAVIKUMAR, J.

The challenge in this writ petition is against Ext.P1 order

terminating the Temple Advisory Committee of Sree Rameswaram

Mahadeva Temple, the petitioner herein. The core contention is that

the order was passed in blatant violation of the principles of natural

justice.

2. Earlier, when the matter came up for consideration, the

learned Standing Counsel appearing for Travancore Devaswom Board

(TDB) sought time to get instructions. Today, the learned Standing

Counsel, on instructions, submitted that the petitioner is right in

contending that Ext.P1 order was passed without notice to them and

on realising and recognising the said position, the TDB had passed an

order on 09.08.2021. As per the said order, operation of Ext.P1 was

stayed. It is further submitted that the Board issued a further

direction to the Devaswom Commissioner to issue notice to the

petitioner and to hear them on the issue. According to us, the

consequence of the said order would be that the Temple Advisory

Committee would continue to be in office. W.P.(C) NO.14348 OF 2021

3. In the light of the aforesaid submissions and circumstances

revealed, we are of the view that there is absolutely no reason or

purpose for proceeding with consideration of the writ petition.

4. Now the position is that Ext.P1 order is under stay and

that the petitioner would be put on notice and would also be afforded

with an opportunity of being heard before a final decision is taken in

the matter.

In the said circumstances, recording the factum of order dated

09.08.2021 by the TDB on the aforesaid lines and the fact that fresh

orders would be passed only with notice and after hearing the

petitioner, this writ petition is closed.

Sd/-

C.T. RAVIKUMAR JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE

bpr W.P.(C) NO.14348 OF 2021

APPENDIX OF W.P.(C) NO.14348/2021

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 08.07.2021.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 01.06.2021.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 06.07.2020.

EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE TEMPLE THANTHRI DATED 20.03.2020.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 05.11.2020.

EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 06.02.2021.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 06.03.2020.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 12.02.2021.

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 02.06.2021.