Kerala High Court
Haridas vs Cochin Devaswom Board on 28 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
WP(C) NO. 29803 OF 2017
PETITIONERS:
1 HARIDAS
S/O. RAMAN NAIR, MADASSERY HOUSE,
KODAMKULANGARA,TRIPUNITHURA, ERNAKULAM.
2 A. VENUNATH
S/O. ACHUTHANANDAN, POORNASREE, ELAMANA JETTY
ROAD,AMBILI NAGAR, TRIPUNITHURA, ERNAKULAM.
3 SAJU THURUTHIKKUNNEL
S/O. THANKAPPAN, VAYALATHOOR BUILDING,
THIRUVANKULAM,TRIPUNITHURA, ERNAKULAM.
BY ADV SRI.K.REGHU KOTTAPPURAM
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
DEVASWOM BOARD BUILDING, THRISSUR - 1,
REPRESENTED BY ITS SECRETARY - 680 001.
2 SREE POORNATHRAYEESA SEVA SANGHOM
REPRESENTED BY ITS SECRETARY, SEVA SANGHOM
BUILDING, EAST GATE, POORNATHRAYEESA TEMPLE,
TRIPUNITHURA, ERNAKULAM - 682 301.
-2-
WP(C) NO. 29803 OF 2017
*ADDL.R3 V.SASIDHARAN NAIR
AGED 59 YEARS
S/O P.VELAYUDHAN THAMBI, KAVALAMPILLY HOUSE,
PARADISE ROAD, VYTTILA KOCHI-19.
IS IMPLEADED AS PER ORDER DATED 25/10/13 IN
I.A.NO.16613/17
R1 BY ADV.SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM
BOARD
R2 BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.S.SREEKUMAR SR.
SRI.THOMAS P.KURUVILLA
R3 BY ADV.SRI.T.P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
WP(C) NO. 29803 OF 2017
JUDGMENT
Anil K. Narendran, J.
The petitioners, who are devotees of Sree
Poornathrayeesa Temple, have filed this writ petition under
Article 226 of the Constitution of India, seeking a writ of
mandamus commanding the 1st respondent Devaswom Board
to convene a General Body of the devotees of
Poornathrayeesa Temple and conduct election of the office
bearers democratically, in strict compliance with Ext.P1 bye-
law and Ext.P2 judgment of this Court dated 25.10.2011 in
W.P.(C)No.18713 of 2011 and to form a new Kshethra Kshema
Sanghom for functioning in the Temple in future. The
petitioners have also sought for a writ of mandamus
commanding the 1st respondent to prevent the functioning of
the 2nd respondent Seva Sanghom anymore; and a writ of
mandamus commanding the 1st respondent to convene the
General Body for electing new Kshethra Kshema Sanghom or
Samithi within the premises of Sree Poornathrayeesa Temple
only.
2. On 18.09.2017, when this writ petition came up for
admission, this Court admitted the matter on file and the
learned Standing Counsel took notice for the 1st respondent.
WP(C) NO. 29803 OF 2017
This Court issued urgent notice by special messenger to the
2nd respondent.
3. On 28.09.2017, when the matter was taken up for
consideration along with W.P.(C)Nos.29905 and 30590 of
2017, this Court passed the following order;
"The term of Sree Poornathrayeesa Seva Sangham
has concededly run out as early as in the year 2015.
Neither has the term been extended nor a Temple
Advisory Committee been formed till date. But the
festival (Vrischikolsavam) is around the corner and
slated in November, 2017. Steps for the conduct of
the festival have to start soon since so many
formalities have to be completed.
2. We therefore deem it fit to appoint Mr.Achuth
Kylas, Advocate as the Commissioner to supervise the
conduct of the festival. He shall constitute an Ad hoc
Committee comprising of ten persons to assist him in
the process. People from the various groups
representing the devotees can be included in the
Committee. The Advocate Commissioner is entitled to
a sum of Rs.50,000/- (Rupees Fifty Thousand only) as
initial remuneration which can be taken from the
festival accounts.
The Advocate Commissioner is entitled to seek for
sufficient police protection to ensure the smooth
conduct of the festival."
The said order was followed by another order dated
30.08.2018.
WP(C) NO. 29803 OF 2017
4. On 13.10.2017, a third party filed I.A.No.16613 of
2017 seeking an order to get himself impleaded as additional
3rd respondent, which was allowed by the order of this Court
dated 25.10.2017.
5. On 18.12.2018, a counter affidavit has been filed
by the 1st respondent producing therewith Ext.R1(A) order
dated 31.10.2018 issued by Cochin Devaswom Board,
whereby the new Temple Advisory Committee has taken
charge in the temple in question.
6. Today, when this case is taken up for consideration,
the learned counsel for the petitioners would submit that the
reliefs sought for in this writ petition have become infructuous
and therefore, this writ petition may be dismissed as
infructuous.
Recording the aforesaid submission made by the learned
counsel for the petitioners, this writ petition is dismissed as
infructuous.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/3/3
