Reji K.K vs Travancore Devaswom Board - Tdb
2022 Latest Caselaw 3891 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                   &
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       W.P.(C)NO.30798 OF 2021
PETITIONER:

               REJI K.K.,
               AGED 51 YEARS,
               S/O.KRISHNANKUTTY, KALAMBATTUKUDY HOUSE,
               KAVUMPURAM, IMURY P.O., 683 544

               BY ADVS.
               SAJEEV KUMAR K.GOPAL
               ASWATHY BABU



RESPONDENTS:

    1          TRAVANCORE DEVASWOM BOARD - TDB,
               NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM,
               PIN - 695 003, REP.BY ITS SECRETARY

    2          THE ASSISTANT COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD, THRIKKARIYOOR,
               KOTHAMANGALAM - 686 691

    3          THE SUB GROUP OFFICER,
               SREE DHARMA SASTHA TEMPLE, TRAVANCORE DEVASWOM
               BOARD, PERUMBAVOOR - 683 542

               BY ADV G.SANTHOSH KUMAR (P).


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   05.04.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)NO.30798 OF 2021

                               2

                          JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Sree Dharma

Sastha Temple, Perumbavoor, under the management of 1st

respondent Travancore Devaswom Board, has filed this writ

petition under Article 226 of the Constitution of India,

seeking a writ of certiorari calling for the records leading to

Ext.P3 and quash the same; a declaration that the 3 rd

respondent has no jurisdiction to convene the meeting of the

registered devotees for the purpose of constituting the

Temple Advisory Committee and such power is only vested

with the 2nd respondent in the light of Ext.P1 regulation; and

a writ of mandamus commanding the 2 nd respondent to take

steps for constituting the Temple Advisory Committee of

Sree Dharma Sastha Temple, Perumbavoor in accordance

with Ext.P1 regulation.

2. On 28.12.2021, when this writ petition came up

for admission, this Court admitted the matter on file. The

learned Standing Counsel for Travancore Devaswom Board W.P.(C)NO.30798 OF 2021

took notice for the respondents. This Court passed an order,

whereby the 2nd respondent Assistant Commissioner was

directed to conduct election and supervise the same. It was

made clear that the conduct of election shall be subject to

the result of the writ petition.

3. During the pendency of this writ petition, the 2nd

respondent Assistant Commissioner conducted another

election on 26.02.2022, which is under challenge in

W.P.(C)No.7358 of 2022.

In such circumstances, leaving open the legal and

factual contentions raised by the petitioner, this writ petition

is closed without prejudice to the right of the petitioner to

prosecute W.P.(C)No.7358 of 2022, raising appropriate legal

and factual contentions.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN W.P.(C)NO.30798 OF 2021

APPENDIX OF W.P.(C)NO.30798 OF 2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REGULATION ISSUED BY THE TRAVANCORE DEVASWOM BOARD PURSUANT TO THE FINAL NOTIFICATION DATED 30.11.2021 VIDE NO.ROC-

1809/09/NS.

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 20.12.2021

Exhibit P3 TRUE COPY OF THE POST CARD ADDRESSED TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT DATED 20.12.2021

RESPONDENT'S EXHIBITS: NIL.