Kerala High Court
P.S.Muraledharan Nair vs Cochin Devaswom Board on 24 February, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:15881
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 24 DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 6916 OF 2025
PETITIONER:
P.S.MURALEDHARAN NAIR
AGED 87 YEARS
S/O K.SANKARA PILLAI, CHILAMBOLI, GIRI NAGAR
NORTH, KADAVANTHARA PO, ELAMKULAM,
ERNAKULAM, PIN - 682020
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
PRATAP ABRAHAM VARGHESE
MANOJKUMAR G.
ASHOK MENON
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
ROUND NORTH, THRISSUR, REPRESENTED BY IS
SECRETARY,
PIN - 680001
2 THE DEVASWOM OFFICER
COCHIN DEVASWOM BOARD, VYTTILA DEVASWOM,
ERNAKULAM, KOCHI, PIN - 682019
3 THE ASSISTANT COMMISSIONER
TRIPUNITHURA GROUP, COCHIN DEVASWOM BOARD,
TRIPUNITHURA, ERNAKULAM, PIN - 682301
W.P.(C)No.6916 of 2025 2 2025:KER:15881
4 SHIBUKUMAR
HOUSE NO. 4, GSDA COLONY, GANDHI NAGAR,
ERNAKULAM, PIN - 682020
5 SATHEESAN K
KUTHAPPILLY HOUSE, ELAMKULAM, KADAVANTHARA,
ERNAKULAM, PIN - 682020
6 SABAREESH G. MENON
10 C GOLDEN HIGHT, EXCEL LANE, ELAMKULAM,
KOCHI, PIN - 682020
7 KOMALAKUMARI
MIG 43, GROUND ROAD, GANDHI NAGAR,
KOCHI, PIN - 682020
8 N.D. BABU
THAPPADI HOUSE, ELAMKULAM,
KOCHI, PIN - 682020
9 K.R. PRASAD
ALUNKAL HOUSE, K.F.COLONY,
FLAT NO. 54, KOCHI, PIN - 682020
10 M.C. RAVEENDRAN
THEKKENARIKKAL HOUSE, K.K. ROAD,
KALOOR PO, KOCHI, PIN - 682020
11 N. KRISHNAKUMAR
PRASANTHI, GANDHI NAGAR, 38/1941,
KOCHI, PIN - 682020
12 V.C. NAIR
9 C, CLEAR WAY PARTMENT, FATHIMA CHURCH ROAD,
ELAMKULAM, KOCHI, PIN - 682020
13 RAJISH GIRIJAN
ASIRWAD, ELAMKULAM, KALOOR,
KOCHI, PIN - 682017
14 MANIKANTAN M.G.
KUTHAPPILLY HOUSE, ELAMKULAM TEMPLE ROAD,
KADAVANTHARA, KOCHI, PIN - 682020
15 RAJESH V.N.
KIZHAKKEDATH HOUSE, ELAMKULAM TEMPLE ROAD,
KADAVANTHARA, KOCHI, PIN - 682020
W.P.(C)No.6916 of 2025 3 2025:KER:15881
16 V.S. SATHYAN
VAZHAKKA MATOM, ELAMKULAM,
KOCHI, PIN - 682017
17 JAYACHANDRAN T.B.
SURYA ENCLAVE, KADAVANTHARA,
ELAMKULAM, KOCHI, PIN - 682020
18 K.S. PADMANABHAN
KUTHAPPILLI PARAMBU, BHATTATHIRIPPAD ROAD,
ELAMKULAM, KOCHI, PIN - 682017
19 KRISHNAKUMAR K.V.
'SAMBANDHI', KAVALAKKAL BHAGAVATHY TEMPLE,
ELAMKULAM, KOCHI, PIN - 682020
BY ADV K.MOHANAKANNAN
OTHER PRESENT:
SRI. K. P. SUDHEER, SC, CDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.6916 of 2025 4 2025:KER:15881
JUDGMENT
Anil K. Narendran, J
The petitioner, who is a devotee of Kavalakkal Bhagavathy
Temple, Elamkulam, which is a temple under the management of
the 1st respondent Cochin Devaswom Board and the former
Secretary of the Temple Advisory Committee of that temple
constituted under Section 76A of the Travancore-Cochin Hindu
Religious and Charitable Institutions Act, 1950, has filed this writ
petition under Article 226 of the Constitution of India, seeking a
writ of certiorari to quash Ext.P6 order dated 17.02.2025 of the
1st respondent Board granting approval to the festival committee
constituted for conducting annual festival in Kavalakkal
Bhagavathy Temple, Elamkulam, which is scheduled to commence
on 27.03.2025. The petitioner has also sought for a writ of
mandamus commanding the 1st respondent Board to approve the
committee constituted as per Ext.P2 minutes dated 19.01.2025.
2. Going by the averments in the writ petition, the
petitioner has been elected as the President of the festival
committee as per Ext.P2 minutes dated 19.01.2025. The 2nd
respondent Devaswom Officer sought for the approval of the 3rd
respondent Assistant Commissioner for the festival committee
W.P.(C)No.6916 of 2025 5 2025:KER:15881
constituted as per Ext.P2 minutes. By that time, the 8 th
respondent, who was the Secretary of erstwhile Temple Advisory
Committee, submitted a list before the 3rd respondent Assistant
Commissioner for constituting a festival committee consisting of
the devotees in that list. By Ext.P6 order dated 17.02.2025, the
1st respondent Board granted approval for the festival committee
for conducting annual festival in Kavalakkal Bhagavathy Temple,
Elamkulam, on the basis of the list handed over by the 8 th
respondent and ignoring the selection made as per Ext.P2 minutes
dated 19.01.2025. According to the petitioner, the constitution of
festival committee as per Ext.P6 order is in violation of Ext.P1 bye-
laws for constitution of such committees in temples under the
management of the 1st respondent Board.
3. On 20.02.2025, when this writ petition came up for
admission, the learned Standing Counsel for Cochin Devaswom
Board took notice on admission for respondents 1 to 3. Urgent
notice on admission by special messenger was ordered to
respondents 4 to 19. The learned Standing Counsel for Cochin
Devaswom Board sought time to get instructions. On 21.02.2025,
when this writ petition came up for consideration, respondents 4,
6, 8 to 13 and 15 to 18 entered appearance through counsel.
W.P.(C)No.6916 of 2025 6 2025:KER:15881
4. Heard the learned counsel for the petitioner, the
learned Standing Counsel for Cochin Devaswom Board for
respondents 1 to 3 and also the learned counsel for respondents
4, 6, 8 to 13 and 15 to 18. Despite service of notice none appears
for other respondents.
5. The issue that requires consideration in this writ
petition is as to whether any interference is warranted on Ext.P6
order dated 17.02.2025 of the 1st respondent Devaswom Board,
granting approval for the festival committee in Kavalakkal
Bhagavathy Temple, Elamkulam for conducting annual festival,
which is scheduled to commence on 27.03.2025.
6. Clause (3) of Ext.P1 bye-laws for the formation of
festival committees in temples under the management of the 1 st
respondent Cochin Devaswom Board deals with membership and
election of the members of the said committee. Clause (3) of the
said bye-law reads thus;
"3. അംഗത്വം/കമ്മറ്റി ത്ിരഞ്ഞെടുപ്പ്
ബ ോർഡിനു കീഴിലുള്ള ബേത്രങ്ങളിൽ ദർശനത്തിനോയി വരുന്ന
ഹിന്ദുമത് വിശവോസികളിൽ നിന്നം ബേത്രവുമോയി ന്ധഞ്ഞപ്പട്ട്
വികസന പ്രവർത്തനങ്ങളിൽ സഹകരിക്കുന്നവരും, ബേത്ര
ഉത്സവോദി ചടങ്ങുകൾ നടത്തുവോൻ പ്രോപ്തരോയവർ എന്ന്
ബ ോധ്യഞ്ഞപ്പട്ടിട്ടുള്ളവരിൽ നിന്നം 15 അംഗങ്ങളുഞ്ഞട ബേര് വിവരം
ബദവസവം ഓഫീസർ, അസിസ്റ്റൻ്്റ് കമ്മീഷണർ മുബേന ഞ്ഞകോച്ചിൻ
കമ്മീഷണർ മുമ്പോഞ്ഞക ത്യ്യോറോക്കി സമർപ്പിക്കുകയം േരിബശോധ്ിച്ച്
W.P.(C)No.6916 of 2025 7 2025:KER:15881
അംഗീകോരം നൽകുകയം ഞ്ഞചബയ്യണ്ടത്ോണ്. ബദവസവം ബ ോർഡ്
ഹു. ബ ോർഡ് േരിബശോദിച്ച് അംഗീകോരം നൽകുകയം
ഞ്ഞചബയ്യണ്ടത്ോണ് ."
7. Instead of following the procedure contemplated in
Clause (3) of Ext.P1 bye-laws, the 2nd respondent Devaswom
Officer convened a meeting of the devotees on 19.01.2025 and
forwarded Ext.P2 minutes to the 3rd respondent Assistant
Commissioner, vide Ext.P3 letter dated 20.01.2025. It is
thereafter that the 8th respondent, who was the Secretary of the
erstwhile Temple Advisory Committee, submitted a list consisting
of 15 devotees for being included in the festival committee. The
2nd respondent Devaswom Officer, vide Ext.P5 letter dated
30.01.2025, forwarded the same to the 3rd respondent Assistant
Commissioner. By Ext.P6 order dated 17.02.2025, the 1st
respondent Board granted approval for the festival committee
consisting of 17 members, which includes 15 devotees and 2 ex
officio members. Out of the 15 devotees, 4 devotees are common
in Ext.P2 minutes dated 19.01.2025 and Ext.P5 letter dated
30.01.2025.
8. During the course of arguments, on a query made by
this Court, the learned counsel for the petitioner, on instructions,
would submit that the complaint of the petitioner is against the
W.P.(C)No.6916 of 2025 8 2025:KER:15881
procedure adopted by the 2nd respondent Devaswom Officer in
forwarding Ext.P5 letter with the names of the devotees suggested
by the 8th respondent and the action of the Board in granting
approval for the festival committee, vide Ext.P6 order dated
17.02.2025, with the said devotees as members of that
committee. The grievance of the petitioner is not against the
devotees, who are included in the festival committee based on
Ext.P6 order and his grievance is against the manner in which such
a committee has been constituted by the 1st respondent Board. On
the above aspect, we notice the submission made by the learned
Standing Counsel for Cochin Devaswom Board that the procedure
adopted by the 2nd respondent Devaswom Officer in convening a
meeting on 19.01.2025 and forwarding Ext.P2 minutes to the 3 rd
respondent Assistant Commissioner, along with Ext.P3 letter dated
20.01.2025, is also not strictly in terms of the provisions contained
in clause (3) of Ext.P1 bye-laws.
9. According to 'Agama Sastra' Hindu temples represent
the culmination of social and religious aspirations of a society. The
temple is the focal point in the life of a community and often
represents its pride, identity and unity. It draws into its fold people
from its various segments and denominations and binds them
W.P.(C)No.6916 of 2025 9 2025:KER:15881
together. The worship that takes place in the sanctum sanctorum
and within the temple premises is important; so are the festivals
and occasional processions that involve the direct participation of
the entire community. They complement each other. While the
worship of the deity in the sanctum sanctorum might be an
individual's spiritual or religious need; the festivals are the
expression of a community's joy, exuberance, devotion and pride
and are also an idiom of a community's cohesiveness.
10. The learned counsel for the petitioner would submit
that the petitioner has no intention to cause any hurdle to the
smooth conduct of the annual festival of Kavalakkal Bhagavathy
Temple, Elamkulam, which is scheduled to commence on
27.03.2025.
11. The learned Standing Counsel for Cochin Devaswom
Board would submit that since the annual festival has to
commence on 27.03.2025, any change in the constitution of the
festival committee may adversely affect the smooth conduct of the
activities in connection with the annual festival of the temple.
12. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we find that no
interference is warranted on Ext.P6 order dated 17.02.2025 of the
W.P.(C)No.6916 of 2025 10 2025:KER:15881
1st respondent Cochin Devaswom Board constituting a festival
committee for the conduct of annual festival of Kavalakkal
Bhagavathy Temple, Elamkulam, at this point of time, since any
such interference will adversely affect the smooth conduct of the
annual festival, which is scheduled to commence on 27.03.2025.
In the result, the challenge made in this writ petition against
Ext.P6 order dated 17.02.2025 of the 1st respondent Cochin
Devaswom Board fails on the aforesaid ground and the writ
petition is accordingly dismissed; however, making it clear that the
constitution of festival committees in temples under the
management of the 1st respondent Board, pending publication of
the modified Bye-laws (Rules) for the formation of Temple
Advisory Committees as per the requirements of Section 123 of
the Travancore-Cochin Hindu Religious and Charitable Institutions
Act, shall be strictly in accordance with the procedure
contemplated in Ext.P1 bye-laws.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MSA
W.P.(C)No.6916 of 2025 11 2025:KER:15881
APPENDIX OF WP(C) 6916/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF BYELAWS
PUBLISHED AS PER
CIRCULAR DATED
18/12/2024 BY THE 1ST
RESPONDENT
Exhibit P-2 TRUE COPY OF MINUTES
OF THE MEETING HELD
ON 19/1/2025
Exhibit P-3 TRUE COPY OF LETTER
DATED 20/1/2025 FROM
THE 2ND RESPONDENT TO
THE 3RD RESPONDENT
Exhibit P-4 TRUE COPY OF REQUEST
DATED 31/1/2025 FROM
THE PETITIONER TO THE
3RD RESPONDENT
Exhibit P-5 TRUE COPY OF LETTER
DATED 31/1/2025 FROM
THE 3RD RESPONDENT TO
THE 2ND RESPONDENT
Exhibit P-6 TRUE COPY OF ORDER
DATED 17/2/2025
ISSUED BY THE 1ST
RESPONDENT
