Kerala High Court

Kavitha Kumari.D vs The State Of Kerala on 7 March, 2025

Author: Anil K. Narendran

Bench: Anil K.Narendran

WP(C)NO.5112 OF 2025             1               2025:KER:20056

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                     &

          THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

     FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946

                        WP(C) NO. 5112 OF 2025


PETITIONER:

          KAVITHA KUMARI.D,
          AGED 42 YEARS,
          W/O.PRASAD KUMAR, DEVI VILASOM, PERUMANNOOR P.O,
          ARAKKAL, ANCHAL, KOLLAM, PIN - 691532.


          BY ADVS.
          K.SIJU
          S.ABHILASH
          ANJANA KANNATH
          SAFNA P.S.




RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    2     TRAVANCORE DEVASWOM BOARD,
          REPRESENTED BY ITS SECRETARY , DEVASWOM HEAD QUARTERS,
          NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003.

    3     THE DEVASWOM COMMISSIONER,
          DEVASWOM HEAD QUARTERS, NANDANCODE,
          THIRUVANANTHAPURAM, PIN - 695003.

    4     THE ASSISTANT COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA P.O., KOLLAM,
          PIN - 691506.
 WP(C)NO.5112 OF 2025          2             2025:KER:20056


    5     THE SUB GROUP OFFICER,
          ARAKKAL DEVASWOM, KOTTARAKKARA GROUP, TRAVANCORE
          DEVASWOM BOARD, ARAKKAL, PERUMANNOOR P.O., ARAKKAL,
          ANCHAL, KOLLAM, PIN - 691532.

    6     THE SENIOR DEPUTY DIRECTOR,
          KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM
          AUDIT, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003.

    7     THE STATION HOUSE OFFICER,
          ANCHAL POLICE STATION, KOLLAM, PIN - 691306.

    8     SHIBU KUMAR @ SHIBU PRABHAKAR,
          PRESIDENT, ADVISORY COMMITTEE, ARAKKAL DEVASWOM,
          KOTTARAKKARA GROUP, RESIDING AT SANTHOSH BHAVAN,
          EDAYAM P.O., ARAKKAL, KOLLAM, PIN - 691532.

    9     THULASEEDHARAN PILLAI,
          SECRETARY, ADVISORY COMMITTEE, ARAKKAL DEVASWOM,
          KOTTARAKKARA GROUP, RESIDING AT REVATHY, PERUMANNOOR
          P.O., ARAKKAL, ANCHAL, KOLLAM, PIN - 691532.

    10    GANESH KADUVANNAL,
          VICE PRESIDENT, ADVISORY COMMITTEE, ARAKKAL DEVASWOM,
          KOTTARAKKARA GROUP, RESIDING AT KADUVANNAL VEEDU,
          THEVARTHOTTAM, THADIKKAD P.O., KOLLAM, PIN - 691306.

    11    ANIL C.MANCHADIYIL,
          MANCHADIYIL VEEDU, THEVARTHOTTAM, THADIKKAD P.O.,
          KOLLAM, PIN - 691306.


          BY ADVS.
          SANTHOSH KUMAR G, SC, TDB
          JOHN JOSEPH ( ROY)
          CIBY GEORGE(K/001811/2024)


OTHER PRESENT:

          SRI. S. RAJMOHAN, SR. GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NO.5112 OF 2025            3              2025:KER:20056

                            JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a member of the registered Mandalam

of Arakkal Devi Temple, which is a temple under the management

of the 2nd respondent Travancore Devaswom Board, has filed this

writ petition under Article 226 of the Constitution of India, seeking

a writ of mandamus commanding respondents 3 to 5 to constitute

an Ad Hoc Committee/festival committee in the said temple,

without including the erring members and office bearers of the

previous Temple Advisory Committee, which is placed under

suspension. The petitioner has also sought for a writ of mandamus

commanding respondents 2 to 6 to conclude the proceedings

against the office bearers and members of the Temple Advisory

Committee, pursuant to Ext.P1 and P2 in a time bound manner;

and a writ of mandamus commanding the 7th respondent Station

House Officer, Anchal Police Station to initiate criminal proceedings

by registering a crime and investigate the matter based on

Ext.P5(c) complaint dated 21.09.2024 made by the 5th respondent

Sub Group Officer, Arakkal Devaswom. In paragraph 1 of the writ

petition, the petitioner has stated that she is also conducting a

pooja stall in the temple premises and the said kuthaka right is WP(C)NO.5112 OF 2025 4 2025:KER:20056

valid up to 14.04.2025.

2. On 07.02.2025 when this writ petition came up for

admission, the learned Senior Government Pleader took notice on

admission for respondents 1, 6 and 7 and the learned Standing

Counsel for Travancore Devaswom Board for respondents 2 to 5.

Urgent notice on admission by special messenger was ordered to

respondents 8 to 11, returnable by 11.02.2025. In the order dated

07.02.2025, this Court noticed that as per Ext.P3 photographs

taken on 27.01.2025, the board erected by the previous Temple

Advisory Committee, in which the party respondents 8 to 10 were

the President, Secretary and Vice President respectively, is still

exhibited in the premises of Arakkal Devi Temple. The said order

was followed by an order dated 21.02.2025, which reads thus:

"The document marked as Ext.P5(c) is a complaint dated 21.09.2024 made by the Sub Group Officer to the 7 th respondent Station House Officer.

2. The learned Senior Government Pleader seeks time to get instructions from the Station House Officer as to the present status of that complaint.

3. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the board erected by the previous Temple Advisory Committee in which party respondents 8 to 10 were the President, Secretary, Vice WP(C)NO.5112 OF 2025 5 2025:KER:20056

President respectively, has already been removed from the temple premises after the filing of this writ petition.

4. The learned Standing Counsel to get instructions from the 2nd respondent Board and the 3rd respondent Devaswom Commissioner regarding the steps, if any, taken to prevent the exhibition of such boards by the Temple Advisory Committee with the name and mobile number of its office bearers in the temples under the management of Travancore Devaswom Board.

5. Though Adv. John Joseph entered appearance for respondents 8 to 11 on 11.02.2024 and sought time to file counter affidavit, today when this matter is taken up for consideration, none appears for respondents 8 to 11. Registry has noted that no vakalath has been filed yet."

3. The order dated 21.02.2025 was followed by an order

dated 24.02.2025, which reads thus:

"Service of notice is not complete on the 8th respondent. Petitioner to take out fresh notice by speed post returnable within ten days.

2. The learned Senior Government Pleader, on instructions from the 7th respondent Station House Officer, Anchal Police Station, would submit that the Police have already registered Crime No.241 of 2025 of Anchal Police Station against the office bearers of the Temple Advisory Committee of Arakkal Devi Temple.

3. An affidavit sworn to by the 7th respondent shall be placed on record within two weeks.

4. The learned Standing Counsel for Travancore Devaswom WP(C)NO.5112 OF 2025 6 2025:KER:20056

Board would submit that a counter affidavit on behalf of the Board shall be placed on record within a week."

4. Respondents 8 to 11 have filed a counter affidavit

dated 03.03.2025, opposing the reliefs sought for in the writ

petition, producing therewith Exts.R8(a) and R8(b) documents.

5. Heard the learned counsel for the petitioner, the

learned Senior Government Pleader for respondents 1, 6 and 7,

the learned Standing Counsel for Travancore Devaswom Board for

respondents 2 to 5 and also the learned counsel for respondents

8 to 11.

6. Though various contentions have been raised in the

writ petition and in the counter affidavit, we do not propose to

consider those issues in these proceedings, since Crime

No.241/2025 of Anchal Police Station registered against Shibu

Kumar @ Shibu Prabhakar and Thulaseedharan Pillai, who are

arrayed as respondents 8 and 9 in this writ petition, is pending

investigation.

7. The learned Standing Counsel for Travancore

Devaswom Board, on instructions, would submit that the Temple

Advisory Committee, in which respondents 8 to 11 were office

bearers/members, has already been suspended and the report of WP(C)NO.5112 OF 2025 7 2025:KER:20056

the Chief Vigilance and Security Officer (Superintendent of Police)

is now pending consideration before the Board. The Board shall

finalise the proceedings, within a time frame to be fixed by this

Court, after hearing both sides.

8. Regarding the Kuthaka right of the writ petitioner, the

learned Standing Counsel for the Travancore Devaswom Board

would point out an order dated 28.01.2025, issued pursuant to

the direction contained in Ext.P2 judgment of this Court dated

07.10.2024 in W.P.(C) No.26246 of 2024, wherein it has been

made clear that the members of the Temple Advisory Committee

shall not be given Kuthaka right in any temples which are under

the management of the Board.

9. Though the petitioner obtained Kuthaka right in the

temple in question, much prior to the aforesaid order dated

28.01.2025, considering the fact that she obtained that right while

continuing as a member of the Temple Advisory Committee, we

deem it appropriate to direct the 3rd respondent Devaswom

Commissioner to consider the question as to whether there is any

irregularity in the award of Kuthaka right to the petitioner, after

obtaining a report from the Vigilance Wing of the Board. A decision WP(C)NO.5112 OF 2025 8 2025:KER:20056

in this regard shall be taken, as expeditiously as possible, at any

rate, within a period of one month from the date of receipt of a

certified copy of this judgment, with notice to the petitioner.

10. The 2nd respondent Travancore Devaswom Board shall

finalise the proceedings initiated against the Temple Advisory

Committee, in which respondents 8 to 11 were office

bearers/members, after considering the report of the Chief

Vigilance and Security Officer (Superintendent of Police), with

notice to the said respondents and after affording them an

opportunity of being heard. The Board shall also obtain a report

from the Chief Vigilance and Security Officer on the alleged

collection of money from the devotees through the WhatsApp

group. A decision in this regard shall be taken, as expeditiously as

possible, at any rate, within a period of two months from the date

of receipt of a certified copy of this judgment.

11. Since the temple festival is scheduled to commence on

28.03.2025, it is for the Travancore Devaswom Board to conduct

the festival departmentally. In case the Board takes a decision to

constitute an Ad Hoc Committee, the office bearers/members of

the Temple Advisory Committee, against whom there are WP(C)NO.5112 OF 2025 9 2025:KER:20056

allegations, shall not be made part of that Ad Hoc Committee.

With the above directions, this writ petition is disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

APPENDIX OF WP(C) 5112/2025

PETITIONER'S EXHIBITS

Exhibit P1 THE COPY OF RECOMMENDATIONS OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY, OF THE TRAVANCORE DEVASWOM BOARD DATED 8.7.2024 VIDE NO.DP 172/24/TDB/VIG.

Exhibit P2 THE COPY OF JUDGMENT DATED 7.10.2024 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.26246/2024.

Exhibit P3 THE COPY OF PHOTOGRAPHS TAKEN ON 27.1.2025 SHOWING THE BOARD ERECTED BY THE PREVIOUS TEMPLE ADVISORY COMMITTEE SEEKING DONATIONS.

Exhibit P4 THE COPY OF QUERY SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT DATED 15.10.2024.

Exhibit P4(a) THE COPY OF THE REPLY DATED 23.12.2024.

Exhibit P5 THE COPY OF COVERING LETTER DATED 3.1.2025 ISSUED UNDER RIGHT TO INFORMATION ACT BY THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P5(a) THE COPY OF COMMUNICATION DATED 20.9.2024 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P5(b) THE COPY OF COMMUNICATION DATED 25.9.2024 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P5(c) THE COPY OF COMPLAINT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 7TH RESPONDENT ON 21.9.2024 AND ITS RECEIPT ALONG WITH TYPED COPY OF COMPLAINT.

Exhibit P5(d) THE COPY OF LETTER DATED 27.12.2024 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P6 THE COPY OF REPRESENTATION DATED 21.1.2025 SUBMITTED BEFORE THE 4TH RESPONDENT BY THE WP(C)NO.5112 OF 2025 11 2025:KER:20056

PETITIONER.

Exhibit P7 THE COPY OF REPRESENTATION 27.1.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS

Exhibit R-2 (a). TRUE COPY OF THE CIRCULAR NO.ROC.12145/17/NS.2 DATED 28.01.2025 ISSIED NU THE 3RD RESPONDENT.

Exhibit R-2 (b). TRUE COPY OF THE REPORT DATED 21.01.2025 SUBMITTED BY THE ASSISTANT AUDIT OFFICER, KOTTARAKKARA TO THE FINANCE AND ACCOUNTS OFFICER.

Exhibit R-2 (C). TRUE COPY OF THE REPORT DATED 20.02.2025 OF THE 4TH RESPONDENT ASSISTANT DEVASWOM COMMISSIONER, KOTTARAKKARA SUBMITTED TO THE 3RD RESPONDENT ALONG WITH THE PRESENT PHOTOGRAPH OF THE BOARD ERECTED AREA.

Exhibit R-2 (d). TRUE COPY OF THE REPORT DATED 29.01.2025 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit R-2 (e). TRUE COPY OF THE REPORT DATED 05.02.2025 SUBMITTED BY THE 3RD RESPONDENT TO THE BOARD.

Exhibit R-8 (a ) LATEST COMPLAINT FILED BEFORE THE KOTTARAKARA DEVASAM COMMISSIONER FILED BY SATHANATHAN PULIMOOTIL.

Exhibit R-8 (b). TRUE COPY OF THE RECEIPT OF COMPLAINT FILED BEFORE THE 7TH RESPONDENT.