Kerala High Court
P. Gopalakrishna Pillai vs The Travancore Devaswom Board on 29 May, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 25590 OF 2023
PETITIONER:
P. GOPALAKRISHNA PILLAI
AGED 87 YEARS
S/O PARAMESWARAN PILLAI, KONDANATTU HOUSE, N.E.
WARD, CHALAPPURAM, VAIKOM, PIN - 686141
BY ADVS.C.S.MANILAL
S.NIDHEESH
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD
DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, PIN -
695003
2 THE DEVASWOM COMMISSIONER
DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
3 THE ASSISTANT DEVASWOM COMMISSIONER (RETURNING
OFFICER), TRAVANCORE DEVASWOM BOARD, VAIKOM, PIN -
686141
BY ADV SANTHOSH KUMAR G,SC
SRI. G. BIJU, SC TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
W.P.(C)No.25590 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226
of the Constitution of India, seeking a writ of certiorari to quash
Ext.P4 letter dated 15.06.2023 issued by the 2nd respondent
Devaswom Commissioner to the 3rd respondent Assistant
Devaswom Commissioner; Ext.P7 letter dated 31.07.2023 issued
by the 3rd respondent to the petitioner; and Ext.P8 circular dated
02.09.2022 issued by the 2nd respondent. The petitioner has also
sought for a declaration that Exts.P4 and P8 are ultra vires
Ext.P9 byelaws and that the 2nd respondent has no authority to
supplement or supplant Ext.P9 byelaws and to that extent
Exts.P4 and P8 are nullity. The further relief sought for is a writ
of mandamus commanding the 3rd respondent to permit the
petitioner to participate in the general body election scheduled
on 06.08.2023.
2. On 03.08.2023, when this writ petition came up for
admission, the learned Standing Counsel for Travancore
Devaswom Board sought time to get instructions.
3. On 04.08.2023, this Court admitted the matter on file
and the learned Standing Counsel took notice for the
respondents. The interim order passed by this Court on
04.08.2023 reads thus;
"Admit. The learned Standing Counsel for Travancore
Devaswom Board takes notice for the respondents.
2. Heard the learned counsel for the petitioner and also the
learned Standing Counsel for the Travancore Devaswom
Board on the interim relief sought for in this writ petition,
i.e., an order directing the 3rd respondent Assistant
Devaswom Commissioner, who is the Returning Officer for
election to the Temple Advisory Committee of Vaikom Sree
Mahadeva Temple to permit the petitioner to participate in
the General Body scheduled on 06.08.2023 and the
process of election to the Temple Advisory Committee,
pending disposal of this writ petition.
3. Today, when this writ petition came up for admission in
the forenoon, Registry was directed to list the matter at
2.00 p.m. along with W.P.(C) No.23497 of 2022 and the
connected matter.
4. W.P.(C) No.23497 of 2022 is one filed by Sree
Vaikkathappan Annadana Trust, in which the petitioner
herein is the Managing Trustee. The said Trust represented
by its Managing Trustee has filed that writ petition seeking
a writ of certiorari to quash Ext.P13 order dated
25.06.2022 of the Travancore Devaswom Board, whereby
the Board has decided to conduct 'Annadanam' in Vaikom
Sree Mahadeva Temple, directly by the department.
Reading of Ext.P13 order would show that the Board has
taken such a decision, since there are serious allegations
against Sree Vaikathappan Annadanam Trust regarding
collection of money for the purpose of conducting
'Annadanam' in Vaikom Sree Mahadeva Temple. The
challenge made against the order dated 25.06.2022 is now
pending consideration before this Court in
W.P.(C)Nos.23497 of 2022 and 33081 of 2022. In the said
writ petitions, the Board has already filed counter affidavit
opposing the reliefs sought for.
5. During the course of arguments, the learned counsel for
the petitioner would place reliance on the judgment of the
Apex Court in Commissioner Income-Tax, Madras v.
M/s. Bagyalakshmi and Co. Udamalpet [AIR 1965 SC
1708], in order to contend that since W.P.(C)No.23497 of
2022 is one filed by Sree Vaikathappan Anadannam Trust
and not by the petitioner in his individual capacity, it
cannot be a disqualification for the petitioner for his
membership in the registered mandalam of the devotees of
Vaikom Sree Mahadeva Temple, so as to enable him to
participate in the process of election.
6. The submission of the learned Standing Counsel for
Travancore Devaswom Board is that the petitioner is the
Managing Trustee of Sree Vaikathappan Annadanam Trust,
which is facing serious allegations regarding collection of
huge money from the devotees for the purpose of
conducting Annadanam in Vaikom Sree Mahadeva Temple
and that the said Trust wants to conduct Annadanam in the
temple directly. The learned Standing Counsel would also
submit that merely for the reason that a devotee has filed
writ petition against the Travancore Devaswom Board, he
is not disqualified from being a member of the registered
mandalam.
7. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we find
that the issue raised in this writ petition requires
consideration, after granting a reasonable opportunity to
the Travancore Devaswom Board to file its counter
affidavit. In the aforesaid facts and circumstances of the
case, we are of the view that the petitioner has not made
out a prima facie case for grant of an interim relief as
sought for in this writ petition. Accordingly, the interim
relief sought for is declined. However, it is made clear that
the election to the Temple Advisory Committee of Vaikom
Sree Mahadeva Temple, which is scheduled to be held on
06.08.2023 and the result of the said election shall be
subject to the outcome of this writ petition.
8. The respondents to file counter affidavit within three
weeks."
4. Today, when this matter is taken up for consideration,
the learned counsel for the petitioner would submit that the
petitioner is no more and therefore, this writ petition may be
closed.
Recording the above submission made by the learned
counsel for the petitioner, this writ petition is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
AV/30/5
APPENDIX OF WP(C) 25590/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE
MANGALAM DAILY DATED 7.4.2001
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 29.7.2023
ISSUED BY THE 3RD RESPONDENT SCHEDULING THE
ELECTION ON 6.8.2023
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
29.7.2023 OF THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT
DATED 15.6.2023
Exhibit P5 TRUE COPY OF THE COVERING LETTER DATED
30.7.2023 SUBMITTED TO THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE REPLY DATED 30.7.2023
SUBMITTED TO THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT
DATED 31.7.2023
Exhibit P8 TRUE COPY OF THE CIRCULAR OF THE 2ND
RESPONDENT DATED 2.9.2022
Exhibit P9 TRUE COPY OF THE BYELAW OF THE TEMPLE
ADVISORY COMMITTEE DATED 30.11.2011
RESPONDENT EXHIBITS
Exhibit-R1(A) TRUE COPY OF THE APPROVAL ORDER OF THE BOARD
DATED 09/10/2023 COMMUNICATED TO THE
ASSISTANT DEVASWOM COMMISSIONER, VAIKOM.
