Kerala High Court
Syamlal vs State Of Kerala *(Corrected) on 17 February, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:13330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TH
MONDAY, THE 17 DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WP(C) NO. 5853 OF 2025
PETITIONER:
SYAMLAL
AGED 37 YEARS
S/O SASI, SYAM BHAVANAM, PRAYAR NORTH,
PRAYAR.P.O., ALAPPUZHA, PIN - 690547
BY ADVS.
A.RAJASIMHAN
VYKHARI.K.U
ANAS ALI M.M.
EESA FARHAN P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SPECIAL SECRETARY,
*REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
(*IS SUO MOTU CORRECTED AS PER ORDER DATED
17.02.2025)
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY ,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
3 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
W.P.(C)No.5853 of 2025 2
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4 ADMINISTRATOR
OCHIRA PARABRAHMA KSHETHRAM,
OCHIRA.P.O., KOLLAM, PIN - 690526
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP;
SRI. G. SANTHOSH KUMAR, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.5853 of 2025 3
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JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Oachira Parabrahma
Temple, which is under the management of a trust by name
Oachira Parabrahma Trust, has filed this writ petition under
Article 226 of the Constitution of India, seeking a writ of
mandamus commanding respondents 1 to 3, namely, the State
of Kerala, represented by the Special Secretary to Government,
Revenue (Devaswom) Department, the Travancore Devaswom
Board, represented by its Secretary and the Devaswom
Commissioner, Travancore Devaswom Board to enquire into the
administration of Oachira Parabrahma Temple, call for periodical
accounts, and assume its administration as provided under
Sections 36, 37 and 38 of the Travancore-Cochin Hindu Religious
Institutions Act, 1950. The petitioner has also sought for a writ
of certiorari to quash Ext.P4 notice dated nil issued by the 4 th
respondent Administrator of Oachira Parabrahma Temple,
appointed in terms of the order of the Apex Court dated
03.12.2024 in Civil Appeal Nos.13708-09 of 2024 arising out of
Ext.P2 order dated 07.02.2023 of a learned Single Judge of this
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Court I.A.No.5 of 2022 in R.F.A No.562 of 2010, to line up in the
queue again for collecting additional application forms.
2. On 13.02.2025, when this writ petition came up for
admission, it was ordered to be listed today along with the
Judges' papers in R.F.A No.562 of 2010.
3. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for the 1st respondent State
and the learned Standing Counsel for Travancore Devaswom
Board for respondents 2 and 3.
4. The issue that requires consideration in this writ
petition is as to whether the petitioner, who is a devotee of
Oachira Parabrahma Temple, can invoke the writ jurisdiction of
this Court under Article 226 of the Constitution of India, based
on Ext.P5 representation dated 31.01.2025 made before the 4 th
respondent Administrator appointed in terms of the orders of the
Apex Court in Civil Appeal Nos.13708-09 of 2024.
5. Oachira Parabrahma Temple is not a temple under the
management of the 2nd respondent Travancore Devaswom Board.
It is a temple managed by Oachira Parabrahma Trust. Regarding
framing of a scheme for the administration of that temple, under
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Section 92 of the Code of Civil Procedure, 1908, O.S.No.1 of
2006 is pending before the Additional District Court-I, Kollam, in
which a preliminary decree has already been passed on
09.04.2010. By that preliminary decree, it is declared that a
scheme is to be settled for the 1 st defendant Oachira Parabrahma
Temple and for all assets and institutions under the same,
including Oachira Parabrahma Speciality Hospital. The parties to
the suit were called for to file draft scheme for the 1 st defendant
temple covering all institutions in existence and to be established
in future, under the scheme, within three months from the date
of the preliminary decree. In that preliminary decree, it was
made clear that the administration of the temple and other
institutions will continue, till the scheme is framed, as per the
present bye-law. The present managing body under the bye-law
is allowed to meet the expenses for the effective management of
the 1st defendant temple and all institutions under the same,
existing and to be established in future, as per the provisions in
the existing bye-law, until the scheme is framed. In the
preliminary decree, it was made clear that the restrictions
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imposed in that regard during the pendency of O.S.No.1 of 2006
will be removed with effect from 01.06.2010.
6. The preliminary decree passed by the Additional
District Court-I, Kollam in O.S.No.1 of 2006 was under challenge
before this Court in R.F.A.No.560 of 2010. That first appeal was
disposed of by the judgment dated 02.03.2020, without any
interference in the preliminary decree passed. While the matter
is being proceeding before the Additional District Court-I, Kollam
for passing a final decree, I.A.No.5 of 2022 was filed in
R.F.A.No.562 of 2010 (which has already been disposed of by the
judgment dated 02.03.2020) seeking an order directing the
Administrator appointed by this Court to conduct election to the
Pothu Bharana Samithi of the temple. The order passed by the
learned Single Judge on 07.02.2023 in that interlocutory
application was under challenge before the Apex Court in
SLP(C)Nos.10598-99 of 2023. Those SLPs were converted as
Civil Appeal Nos.13708-09 of 2024, in which the Apex Court
passed Ext.P3 judgment dated 03.12.2024. In the said
judgment, the Apex Court found it just and necessary to conduct
election under the aegis of the new Administrative
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Head/Administrator for the smooth and effective administration
of Oachira Parabrahma Temple and the institutions under the
same. Accordingly, the 4th respondent Administrator, who is a
former Judge of this Court, has been appointed as the
Administrative Head/Administrator to conduct election for the
administration and management of Oachira Parabrahma Temple
and its allied institutions in a free and fair manner.
7. Section 37 of the Act deals with assumption of
management of Hindu Religious Endowments and Section 38
deals with the enquiry that has to be undertaken prior to such
assumption. Section 36 deals with the power of the Devaswom
Commissioner to call for periodical accounts, etc. from the
trustees or managers of any Endowment falling under the
definition of Section 2(b) of the Act, i.e., a Hindu Religious
Endowments as defined in the said clause.
8. As already noticed hereinbefore, Oachira Parabrahma
Temple is not a temple under the management of the 2 nd
Travancore Devaswom Board. It is a temple managed by Oachira
Parabrahma Trust. The framing of a scheme under Section 92 of
the Code of Civil Procedure, 1908 for the management of the
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said temple is the subject matter in O.S.No.1 of 2006 pending
before the Additional District Court-I, Kollam, in which a
preliminary decree has already been passed on 09.04.2010.
R.F.A.No.562 of 2010 filed challenging the said preliminary
decree has already been disposed of by the judgment of a
learned Single Judge dated 02.03.2020, without any interference
in the preliminary decree passed. Now, by Ext.P3 judgment in
Civil Appeal Nos.13708-09 of 2024, the Apex Court appointed
the 4th respondent as the Administrative Head/Administrator to
conduct election for the administration and management of the
temple and its allied institutions, in a free and fair manner. As
per the preliminary decree passed by the competent Civil Court,
which was not interfered with by the learned Single Judge in the
judgment dated 02.03.2020 in R.F.A.No.562 of 2010, the
administration of the temple and other institutions will continue,
till the scheme is framed, as per the present bye-law. In such
circumstances, the petitioner, who is a devotee of Oachira
Parabrahma Temple, cannot invoke the writ jurisdiction of this
Court under Article 226 of the Constitution of India, seeking a
writ of mandamus commanding the 2nd respondent Travancore
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Devaswom Board or the 3 respondent Devaswom Commissioner
rd
to enquire into the administration of Oachira Parabrahma
Temple, call for periodical accounts and assume its
administration as provided under Sections 36, 37 and 38 of the
Travancore-Cochin Hindu Religious Institutions Act, 1950.
9. Since the said temple is under the management of
Oachira Parabrahma Trust and appointment of the 4 th respondent
by Ext.P3 judgment of the Apex Court in Civil Appeal Nos.13708-
09 of 2024 arising out of the order dated 07.03.2023 of a
learned Single Judge of this Court in I.A.No.5 of 2022 filed in
R.F.A.No.562 of 2010, the petitioner cannot invoke the writ
jurisdiction of this Court under Article 226 seeking a writ of
certiorari to quash Ext.P4 notice dated nil issued by the 4 th
respondent Administrator regarding the preliminary steps taken
for conducting election for the administration and management
of Oachira Parabrahma Temple and its allied institutions.
In such circumstances, we find no grounds to entertain this
writ petition since the petitioner cannot invoke the writ
jurisdiction of this Court under Article 226 of the Constitution of
India seeking the aforesaid reliefs. The writ petition fails and the
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same is accordingly dismissed; however without prejudice to the
legal right, if any, of the petitioner to approach the Additional
District Court-I, Kollam, where O.S.No.1 of 2006 is pending
consideration for passing a final decree, seeking any relief
permissible under law.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MSA
2025:KER:13330
APPENDIX OF WP(C) 5853/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BYE LAW OF THE OACHIRA
PARABRAHMA KSHETHRAM
Exhibit P2 TRUE COPY OF THE ORDER DATED 7-2-2023 IN
RFA NO. 562 OF 2010 OF THIS HON'BLE
COURT
Exhibit P3 TRUE COPY OF THE ORDER IN CIVIL APPEAL
NO. 13708-13709 OF 2024 OF THE HON'BLE
SUPREME COURT
Exhibit P4 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE 4TH RESPONDENT IN THE KERALA KAUMUDI
NEWSPAPER ON 29-1-2025
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
31-1-2025 SUBMITTED BY THE PETITIONER TO
THE 4TH RESPONDENT
