Sree Poornathrayeesa Seva ... vs Cochin Devaswom Board
2022 Latest Caselaw 2267 Ker

           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. 30590 OF 2017
PETITIONER:

            SREE POORNATHRAYEESA SEVA SANGHAM
            REP. BY ITS SECRETARY T.M.MOHANKUMAR,
            TRIPUNITHURA, KOCHI-682301.

           BY ADVS.SRI.ASP.KURUP
           SRI.SADCHITH.P.KURUP



RESPONDENTS:

    1          COCHIN DEVASWOM BOARD
               REP. BY ITS SECRETARY, COCHIN DEVASWOM BOARD
               OFFICE, THRISSUR-680001.

    2          THE SPECIAL DEVASWOM COMMISSIONER
               COCHIN DEVASWOM BOARD, THRISSUR-680001.

           BY ADVS.SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM
           BOARD



        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   28.02.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                   -2-

WP(C) NO. 30590 OF 2017



                              JUDGMENT

Anil K. Narendran, J.

Sree Poornathrayeesa Seva Sangham, represented by its

Secretary, has filed this writ petition under Article 226 of the

Constitution of India, seeking a declaration that the petitioner-

Sangham is entitled to be accorded sanction to function in the

status of the Temple Advisory Committee of Sree

Poornathrayeesa Temple, which is the present arrangement

that is being continued in Sree Poornathrayeesa Temple,

which is under the management of the 1st respondent

Devaswom Board. The petitioner has also sought for a writ of

mandamus commanding the 1st respondent to consider Ext.P3

representation dated 10.04.2017 and grant sanction to the

petitioner in terms of the provisions contained in Clause 25 of

Ext.P1 bye-law to act in the status of a Temple Advisory

Committee of Sree Poornathrayeesa Temple.

2. On 28.09.2017, when this writ petition came up for

admission, this Court admitted the matter on file and the

learned Standing Counsel for Cochin Devaswom Board took

notice for the respondents.

WP(C) NO. 30590 OF 2017

3. On 28.09.2017, when the matter was taken up for

consideration along with W.P.(C)Nos.29905 and 29803 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. 30590 OF 2017

4. On 15.12.2017, a third party filed I.A.No.20856 of

2017 seeking an order to get himself impleaded as additional

3rd respondent. The said interlocutory application is still

pending consideration.

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 the case is taken up for consideration,

the learned counsel for the petitioner seeks permission to

withdraw this writ petition, leaving open all legal and factual

contentions raised by the petitioner.

7. The learned Standing Counsel for Cochin

Devaswom Board would point out the provisions under Section

76A of the Travancore Cochin Hindu Religious Institutions Act,

which deals with formation of Temple Advisory Committee.

Section 76A reads thus;

"76A. Formation of Temple Advisory Committees.-(1) A committee for each temple in the name "Temple Advisory Committee'' (name of the Temple)" may be

WP(C) NO. 30590 OF 2017

constituted in order to ensure participation of Hindu devotees.

(2) The Temple Advisory Committee constituted under sub-section (1) may approved by the Board. (3) The composition of an Advisory Committee under sub-section (1) shall be such as may be prescribed by rules made by the Board, not inconsistent with any practice, prevailing, if any."

Having considered the submissions made by the learned

counsel on both sides, this writ petition is dismissed as

withdrawn, leaving open all legal and factual contentions

raised by the petitioner and taking note of the provisions

under Section 76A of the Act.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/3/3