Kerala High Court
Vijeesh M.V vs Travancore Devaswom Board on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
W.P.(C)NO.38461 OF 2022
PETITIONER:
VIJEESH M.V.,
AGED 48 YEARS,
MULAKKAL HOUSE, THAYIKATTUKARA, ALUVA, ERNAKULAM-
683 106., PIN - 683106
BY ADVS.
S.KRISHNAMOORTHY
SNEHA ROSE
P.S.ARUNA
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEADQUARTERS, NANTHANCODE, TRIVANDRUM-695
003. REPRESENTED BY ITS SECRETARY., PIN - 695003
2 THE ADMINISTRATIVE OFFICER,
TRAVANCORE DEVASWOM BOARD, ALUVA, ERNAKULAM-683
106.
3 AMBATTUKAAVU BHAGAWATHY KSHETRA SAMITHI,
REG. NO. 206/93, REPRESENTED BY ITS SECRETARY,
P.C. BABU, AISWARYA, AMBATTUKAAVU, ALUVA-683 106.
BY ADV G. SANTHOSH KUMAR (P).
OTHER PRESENT:
SRI T.SETHU MADHAVAN (SR) - RESPONDENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
W.P.(C)No.38461 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Ambattukaavu
Bhagavathy Temple under the management of the 1st
respondent Travancore Devaswom Board has filed this writ
petition under Article 226 of the Constitution of India, seeking
a writ of mandamus commanding respondents 1 to 3 to take
appropriate steps to constitute the Temple Advisory
Committee of the said temple, in accordance with the
provisions under Section 31A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950. The delay in constitution of a
Temple Advisory Committee in the temple in question, after
the expiry of the term of the present temple, was due to the
pendency of R.F.A.No.471 of 2019 before this Court, which is
one filed by the 3rd respondent herein, namely, Ambattukaavu
Bhagavathy Kshetra Samithi.
2. On 30.11.2022, when this writ petition came up
for consideration, the learned Standing Counsel for
Travancore Devaswom Board took notice for respondents 1
and 2. Urgent notice by speed post was ordered to the 3rd
respondent, returnable within two weeks.
W.P.(C)No.38461 of 2022
3. Heard the learned counsel for the petitioner, the
learned Standing Counsel for Travancore Devaswom Board for
respondents 1 and 2 and also the learned Senior Counsel for
the 3rd respondent.
4. The term of the Temple Advisory Committee of
Ambattukaavu Bhagavathy Temple is over by 05.03.2022,
which was extended till 05.06.2022 by the orders of the 1 st
respondent Travancore Devaswom Board. In view of the
provisions under Section 31A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950, the meeting of the registered
mandalam to constitute a new Temple Advisory Committee
has to be convened. Necessary steps in this regard have to
be undertaken by the concerned Assistant Devaswom
Commissioner, i.e., Assistant Devaswom Commissioner, North
Paravur Group of the Travancore Devaswom Board.
5. In such circumstances, this writ petition is
disposed of by directing the 1st respondent Travancore
Devaswom Board, through the Assistant Devaswom
Commissioner, North Paravur Group, to convene the meeting
of the registered mandalam, in order to elect new Temple
Advisory Committee of Ambattukaavu Bhagavathy Temple,
W.P.(C)No.38461 of 2022
strictly in accordance with the provisions under Section 31A
of the Travancore-Cochin Hindu Religious Institutions Act and
the rules framed thereunder. Necessary steps in this regard
shall be taken within one week and the entire exercise shall
be completed, as expeditiously as possible, at any rate, within
a period of one month from this date.
6. In view of the statutory mandate of Section 31A of
the Act, it would be open to the 1st respondent Board, without
any further orders from this Court, to repeat the exercise of
electing new Temple Advisory Committee of Ambattukaavu
Bhagavathy Temple, after the expiry of two years term. This
arrangement, shall be subject to the final outcome of
R.F.A.No.471 of 2019.
7. With the above directions, this writ petition is
disposed of.
Registry to incorporate a copy of this judgment, in the
Judge's Papers of R.F.A.No.471 of 2019.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
W.P.(C)No.38461 of 2022
APPENDIX OF WP(C) 38461/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
27/2/2020 IN DBP NO. 11/2020 OF THE
HON'BLE HIGH COURT.
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
27/7/2022 BEFORE THE HON'BLE
OMBUDSMAN.
Exhibit P3 TRUE COPY OF THE LETTER OF THE O/O
OMBUDSMAN FOR TRAVANCORE DEVASWOM
BOARD DATED 4/8/2022.
Exhibit P4 TRUE COPY OF THE ORDER DATED
2/11/2022 IS ISSUED BY THE HON'BLE
OMBUDSMAN IN COMPLAINT NO.107 OF
2022.
