Kerala High Court
K.Ashok Kumar vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
W.P.(C) NO. 42247 OF 2022
PETITIONER:
K.ASHOK KUMAR,
AGED 66 YEARS, S/O KOMBI, MANIYANKADU VEEDU,
NEAR MANAPPULLIKKAVU TEMPLE, KUNNATHURMEDU,
PALAKKAD DISTRICT, PIN - 678 013.
BY ADVS.
RAJESH SIVARAMANKUTTY
A.P.BEELAMMA
VIJINA K.
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOMS) DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE COMMISSIONER, MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX, ERANHIPALAM,
KOZHIKODE - 673 006.
3 THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD, PALAKKAD DIVISION,
CIVIL STATION, PALAKKAD - 678 001.
4 THE EXECUTIVE OFFICER
SREE MANAPPULLIKAVU BHAGAVATHY DEVASWOM,
PALAKKAD DIVISION, CIVIL STATION,
PALAKKAD - 678 013.
2
W.P.(C) No.42247 of 2022
5 M.R. HARISANKAR,
AGE AND FATHER'S NAME NOT KNOWN, RAMLEELA,
CHITTUR ROAD, KUNNATHURMEDU,
PALAKKAD DISTRICT, PIN - 678 013.
6 K. PREMAKUMARAN ,
S/O RAMAKRISHNAN NAIR, AGE NOT KNOWN, AMBADI,
KIZHAKKE YAKKARA, MANAPPULLIKKAVU,
KUNNATHURMEDU, PALAKKAD DISTRICT,
PIN - 678 013.
7 K. CHENTHAMARAKSHA MENON,
S/O GOVINDANKUTTY MANNADIAR, AGED 92 YEARS,
TRUSTEE SREE MANAPPULLI BHAGAVATHI DEVASWOM,
RESIDING AT FARM GUIDE ASSOCIATES, VILAYANNUR,
THENKURISSI, PALAKKAD DISTRICT, PIN -678 671.
8 MALABAR DEVASWOM BOARD ,
REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
ERANHNIPALAM, KOZHIKODE, PIN - 673 006.
BY ADVS.
R1 BY SRI S.RAJMOHAN - SR GOVERNMENT PLEADER
R2, R3 & R8 BY SRI R.LAKSHMI NARAYAN, STANDING
COUNSEL, MALABAR DEVASWOM BOARD
R4 BY MOHANAKANNAN K
R5 AND R6 BY BIJU
R7 K.P.BALAGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 11.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C) No.42247 of 2022
JUDGMENT
P.G.Ajithkumar, J.
Sree Manappullikavu Bhagavathi Devaswom is a
special grade Temple under Malabar Devaswom Board. The
7th respondent is the hereditary trustee of the temple. The
annual festival in the Temple is used to be celebrated during
February-March. This year, the annual vela festival is on
02.03.2023. The festival is conducted following the
stipulations circumscribed in Ext.P1 order issued by the 1 st
respondent-State. A Vela Committee is used to be
constituted and the festival is celebrated under the
auspicious of such a committee. As usual a committee is
constituted this year, but, the regulation contained in Ext.P1
were not adhered to.
2. In order to constitute the Committee, a general
body meeting was held on 24.11.2022. Minutes of the said
committee is Ext.P2. The 5th respondent was elected as
Secretary and the 6th as the President. The 5th respondent is
not qualified to be a member of the Committee, since there
W.P.(C) No.42247 of 2022
is allegations against him with respect to the construction of
a Kalyana Mandapam, which was dedicated to
Manappullikavu Temple. The 6th respondent was the
Treasurer of the Vela Committee in the year 2001. There
was allegation that he did not submit accounts of the Vela
Committee for audit. In such circumstances, the petitioner
submitted Ext.P6 representation before the 3 rd respondent
Assistant Commissioner, seeking to conduct fresh election of
the Vela Committee after disbanding the present one. The
representation was not considered yet. Hence, the
petitioner approached this court seeking to issue a writ of
certiorari quashing Ext.P2 and direct the 3rd respondent to
consider Ext.P6 within a time frame and further to direct to
hold a fresh election for the formation of Vela Committee.
3. Heard the learned counsel apeparing for the
petitioner, the learned Senior Government Pleader for the 1 st
respondent, the learned Standing Counsel for the Malabar
Devaswom Board, and the respective learned counsel
appearing for respondents 4, 5, 6 and 7.
W.P.(C) No.42247 of 2022
4. The Annual Vela Festival of Manappullikavu
Bhagavathi Temple this year is on 02.03.2023. In order for
the conduct of the Festival, a Vela Committee is used to be
formed every year in compliance with the directions contained
in Ext.P1. A meeting was convened on 24.11.2022 and Vela
Committee was elected. The petitioner is aggrieved in the
formation of the said Vela Committee and his contention is
that the directions in Ext.P1 were not followed in the process
of election of the Vela Committee. Ext.P2 is a copy of the
minutes of the meeting dated 24.11.2022.
5. Apart from the general contentions regarding non-
compliance of the directions in Ext.P1, specific contentions
regarding disqualification of respondent Nos.5 and 6, who are
Secretary and President of the Vela Committee have been
raised. The allegation against the 5 th respondent is that he
acted against the interest of the Deity in relation to the
construction of the Kalyana Mandapam under the auspicious
of Manappullikavu Bhagavathi Seva Samithi. The allegation
against the 6th respondent is that he failed to submit accounts
W.P.(C) No.42247 of 2022
of Vela Committee in the year 2001, to which he was the
Treasurer, for audit. The petitioner has submitted Ext.P6
representation before the 3rd respondent demanding
constitution of a new committee, after avoiding the
disqualified persons. When such a representation was
submitted before the statutory authority, the 3rd respondent
Assistant Commissioner, it is the obligation of that authority to
consider the complaint raised by the petitioner and take an
appropriate decision on it.
6. Having heard the learned counsel appearing on
either side, we are of the view that there shall be a direction
to the 3rd respondent to consider Ext.P6 and take a decision
on it after hearing the petitioner and also the affected persons
within a period of two weeks.
7. The Writ Petition is accordingly disposed of and
the 3rd respondent is directed to consider Ext.P6
representation dated 28.11.2022 and take a decision on it
after hearing the petitioner and also the affected persons
within a period of two weeks from the date of production of
W.P.(C) No.42247 of 2022
a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
W.P.(C) No.42247 of 2022
APPENDIX OF WP(C) 42247/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.
3376/03/REVENUE DATED 13-10-2003 AND
NO. 13312/DEV.1/2015/RD DATED 1-10-
2015 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE
MINUTES BOOK MAINTAINED BY 4TH
RESPONDENT DTD 24-11-2022.
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT IN
MFA NO. 107/2018 FILED BEFORE THIS
HON'BLE COURT BY THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE MANAPPULLIKAVU VELA
FESTIVAL COMMITTEE MEMBERS OF YEAR
2001.
EXHIBIT P5 TRUE COPY OF THE LAWYER NOTICE DATED
27-7-2011 ISSUED TO THE PRESIDENT OF
THE VELA COMMITTEE COVERED UNDER
EXHIBIT P-4 UNDER INSTRUCTIONS OF 4TH
RESPONDENT BY ADVOCATE P. VASAVAN.
EXHIBIT P6 TRUE COPY OF THE PETITION DATED 28-11-
2022 SUBMITTED BY THE PETITIONER TO
THE 3RD RESPONDENT.
