Kerala High Court
M.C.Reghu vs State Of Kerala on 14 March, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
WP(C)NO.5863 OF 2025 1 2025:KER:21728
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 14TH DAY OF MARCH 2025/23RD PHALGUNA, 1946
WP(C) NO. 5863 OF 2025
PETITIONER:
M.C.REGHU, AGED 58 YEARS
S/O LATE V.S.CHANDRAN, RESIDING AT MADASSERIL
HOUSE, PUTHIYEDAM, PARAPURAM P.O.,
ERNAKULAM, PIN - 683575
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
PAUL BABY
SWATHY A.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE (DEVASWOM), GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DEPUTY DIRECTOR
KERALA STATE AUDIT DEPARTMENT, COCHIN DEVASWOM
AUDIT, ROUND NORTH, THRISSUR, PIN - 680001
3 COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, ROUND NORTH,
THRISSUR, PIN - 680001
WP(C)NO.5863 OF 2025 2 2025:KER:21728
4 DEVASWOM COMMISSIONER
COCHIN DEVASWOM BOARD, ROUND NORTH,
THRISSUR, PIN - 680001
5 THE ASSISTANT COMMISSIONER
OFFICE OF THE ASSISTANT COMMISSIONER,
THRIPUNITHURA GROUP, COCHIN DEVASWOM BOARD,
THRIPUNITHURA P.O., ERNAKULAM, PIN - 682301
6 PUTHIYEDAM KSHETHRA UPADESAKA SAMITHI (TEMPLE
ADVISORY COMMITTEE)
COCHIN DEVASWOM BOARD, PUTHIYEDAM TEMPLE, KANJOOR
P.O., ERNAKULAM, REPRESENTED BY ITS SECRETARY,
PIN - 683575
BY ADVS.
K.P. SUDHEER
VIVEK MENON
SAYUJYA RADHAKRISHNAN(K/687-E/2014)
RANCE R.(K/1560/2021)
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP;
SRI. K. P. SUDHEER, SC, CDB;
SRI. N. NAGARAJ, SR. COUNSEL FOR R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.5863 OF 2025 3 2025:KER:21728
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Puthiyedam Temple,
which is a temple under the management of the 3rd respondent
Cochin Devaswom Board, has filed this writ petition under Article
226 of the Constitution of India, seeking a writ of certiorari to
quash Ext.P1 order dated 07.02.2025 issued by the 3rd respondent
Board as well as the steps taken pursuant thereto; a writ of
mandamus commanding the 3rd respondent Board to constitute an
Aghosha Committee to conduct the annual festival of the temple,
in terms of Ext.P3 order dated 11.12.2024 issued by the Board,
after removing the 6th respondent Kshethra Upadesaka Samithi
(Temple Advisory Committee); and a writ of mandamus
commanding the respondents to consider and pass orders on
Ext.P5 representation dated 07.02.2025 made by the petitioner,
after affording an opportunity of being heard.
2. On 13.02.2025, when this writ petition came up for
admission, this Court granted an interim stay of operation of
Ext.P1 order on 07.02.2025 of the 3rd respondent Cochin
Devaswom Board, whereby the term of the 6th respondent Temple
WP(C)NO.5863 OF 2025 4 2025:KER:21728
Advisory Committee of Puthiyedam Kshethram stands extended
for a period of one year from 01.09.2024, since it was noticed that
the term of the Temple Advisory Committee expired on
30.08.2024, much before the issuance of the said order.
3. The 6th respondent Temple Advisory Committee has
filed a counter affidavit dated 20.02.2025, to which the petitioner
has filed a reply affidavit dated 26.02.2025. The 3rd respondent
Board has filed a counter affidavit dated 26.02.2025. The
petitioner has filed a reply affidavit dated 02.03.2025 to the
counter affidavit filed by the 3rd respondent Board.
4. On 03.03.2025, when this matter came up for
consideration, this Court passed a detailed order. Paragraphs 3
and 4 of that order read thus;
"3. From the pleadings and materials on record and also the
submissions made at the bar, we notice that the annual
festival of the temple is scheduled to commence on
18.03.2025. The submission made by the learned Senior
Counsel for the 6th respondent and also the learned
Standing Counsel for the Cochin Devaswom Board is that
the Temple Advisory Committee has already made
arrangement for the conduct of annual festival, by booking
elephants, programs, etc. Further as seen from Ext.R6(k)
photograph, a portion of the tiles of the Oottupura has
already been removed. Yesterday there was rain in the area
WP(C)NO.5863 OF 2025 5 2025:KER:21728
and as such immediate completion of the repair works is
highly essential.
4. Though we are of the prima facie opinion that the
procedure adopted by the 3rd respondent Cochin Devaswom
Board in extending the term of the 6th respondent Temple
Advisory Committee is irregular, considering the fact that the
annual festival of the temple is scheduled to commence on
18.03.2025 and also the fact that, the repair works relating
to Oottupura is only a minor work, which can be completed
within ten days, as stated by the learned Senior Counsel for
the 6th respondent, we deem it appropriate to direct the 3rd
respondent Board to permit the 6th respondent Temple
Advisory Committee to proceed with the repair works of
Oottupura, from tomorrow onwards. Since the annual
festival is scheduled to commence on 18.03.2025, we deem
it appropriate to direct the Board to conduct the same with
the assistance of the 6th respondent Temple Advisory
Committee, strictly in terms of the bye-laws framed under
sub-section (3) of Section 76A of the Travancore-Cochin
Hindu Religious Institutions Act, subject to the condition that
the entire income and expenditure in connection with the
repair works of the Oottupura and also the annual festival
shall be subjected to statutory audit by the 2nd respondent
Senior Deputy Director, Kerala State Audit Department,
Cochin Devaswom Board Audit."
5. Today, when this matter is taken up for consideration,
the learned Senior Counsel for the 6th respondent Kshethra
Upadesaka Samithi has made available for the perusal of this
WP(C)NO.5863 OF 2025 6 2025:KER:21728
Court a few photographs of the 'oottupura' taken during the course
of repair works and one photograph taken after the completion of
the repair works of the tiled roof. The learned Senior Counsel
would submit that the whitewashing work of the 'oottupura', if not
already completed, will be over within one or two days.
6. The learned counsel for the petitioner would submit
that, as noticed by this Court in the order dated 03.03.2025, the
procedure that has been adopted by the 3rd respondent Board for
extending the term of the 6th respondent Temple Advisory
Committee for a period of six months is per se arbitrary and illegal.
7. Though various contentions have been raised by the
petitioner and the 6th respondent, we do not propose to consider
those issues at this point of time, since the annual festival of the
temple has to commence on 18.03.2025, which has to be
conducted in terms of the directions contained in the order of this
Court dated 03.03.2025. The festival will be concluded by
25.03.2025.
8. The learned Standing Counsel for Cochin Devaswom
Board has made available for the perusal of this Court a
notification, i.e., S.R.O.No.256/2025 dated 03.01.2025,
WP(C)NO.5863 OF 2025 7 2025:KER:21728
publishing the modified bye-laws in terms of the order of this Court
dated 11.11.2024 in DBA No.12 of 2024 followed by the
subsequent orders. The said notification has already been
published in the Kerala Gazette Extraordinary No.902 dated
07.03.2025, in terms of the statutory mandate of Section 123 of
the Travancore-Cochin Hindu Religious Institutions Act, 1950.
9. The learned Standing Counsel for Cochin Devaswom
Board would submit that in terms of the amended bye-laws, which
have already been published in the Kerala Gazette, the Board will
direct the concerned Devaswom Officers, including the Devaswom
Officer of Puthiyedam Temple, to convene the meeting of the
registered mandalam of the devotees for initiating the process of
electing the members of the Temple Advisory Committee in the
respective temples.
Having considered the submissions made at the Bar, we
deem it appropriate to dispose of this writ petition by directing all
concerned to ensure strict compliance of the directions contained
in the order of this Court dated 03.03.2025 regarding the conduct
of the annual festival and the repair work in the temple in
question. On completion of the annual festival on 25.03.2025, the
WP(C)NO.5863 OF 2025 8 2025:KER:21728
extended term of the 6th respondent Temple Advisory Committee
shall come to an end by 27.03.2025. Ext.P1 order dated
07.02.2025 of the 3rd respondent Board granting extension of the
term of the 6th respondent Kshethra Upadesaka Samithi is
quashed to the above extent, after deprecating in the strongest
words the conduct of the 3rd respondent Board in granting
extension of the term of the Kshethra Upadesaka Samith in an
arbitrary manner. Thereafter, till the formation of a new Temple
Advisory Committee, the entire activities in the temple shall be
undertaken by the concerned Devaswom Officer under the direct
supervision of the concerned Assistant Devaswom Commissioner.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
Dxy
WP(C)NO.5863 OF 2025 9 2025:KER:21728
APPENDIX OF WP(C) 5863/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER
NO.A5.9218/2022 DATED 7/2/2025 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED
18/3/2024 IN DBP NO.5 OF 2021
EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.A5.3579/24
DATED 11/12/2024 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED
13/1/2025 IN D.B.A.NO.1 OF 2025
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION
DATED 07/02/2025 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENT
AUTHORITIES
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT DATED
14/2/2025 SUBMITTED BY THE PETITIONER
EXHIBIT P7 THE TRUE COPY OF THE PHOTOGRAPH PRODUCED
ALONG WITH THE EXHIBIT P6
RESPONDENT EXHIBITS
EXHIBIT R6[H] TRUE COPY OF THE JUDGEMENT IN
WPC.7911/2014 DATED.4.6.2014
EXHIBIT R6[I] TRUE COPY OF JUDGEMENT IN WPC.25648/2014
DATED.22.8.2022
EXHIBIT R6[J](1) TRUE COPY OF THE VOUCHER DATED.13.2.2025
EXHIBIT R6[K] TRUE COPIES OF THE PHOTOGRAPHS OF THE
OOTTUPURA UNDER REPAIR
EXHIBIT R6[M] TRUE COPY OF THE REPRESENTATION
DATED.21.1.2025
WP(C)NO.5863 OF 2025 10 2025:KER:21728
EXHIBIT R6[B] TRUE COPY OF THE REPORT DATED 6.11.2009
SUBMITTED BY OMBUDSMAN
EXHIBIT R26C] TRUE PHOTOCOPY OF THE COMPLAINT DATED.
5.12.2013
EXHIBIT R6[D] TRUE COPY OF APOLOGY LETTER OF THE 2ND
PETITIONER
EXHIBIT R6[E] TRUE COPY OF INTERIM ORDER IN
WPC.7911/2014 DATED.24.3.2014
EXHIBIT R6[F] TRUE COPY OF FIR. 581/2014 OF KALADY
POLICE STATION DATED.29.3.2014
EXHIBIT R6[G] TRUE COPY OF PROCEEDINGS OF THE SPECIAL
DEVASWOM COMMISSIONER DATED. 1.9.2014
EXHIBIT R6[L] TRUE COPY OF THE NOTICE DATED.14.2.2025
ISSUED BY THE PUTHIYEDAM DEVASWOM
OFFICER
EXHIBIT R6[A] TRUE COPY OF THE NOTICE DATED.6.10.2009
EXHIBIT R6[J] TRUE COPY OF THE VOUCHER DATED.12.2.2024
EXHIBIT R6[N] TRUE COPY OF THE ORDER BEARING
NO.H1.554/23 DATED.10.5.2023
EXHIBIT R6[O] TRUE COPY OF THE PHOTOGRAPH OF THE
KALAVARA AFTER RESTORATION
EXHIBIT R3(A) TRUE COPY OF ORDER NO. A5. 9218/2022
DATED 01/09/2022 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT R3(B) TRUE COPY OF ORDER ON H1. 173/2021 DATED
22/10/2021 ISSUED BY THE EXECUTIVE
ENGINEER, CDB.
EXHIBIT R3(C) TRUE COPY OF ORDER ON H1. 554/23 DATED
10/05/2023 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, CDB.
WP(C)NO.5863 OF 2025 11 2025:KER:21728
EXHIBIT R3(D) TRUE COPY OF LETTER DATED 22.1.2025
ISSUED BY THE DEVASWOM OFFICER,
PUTHIYEDAM DEVASWOM TO THE 5TH
RESPONDENT.
EXHIBIT R3(E) TRUE COPY OF REPORT BEARING REF. NO. M4.
25/22 DATED 31.01.2025 ISSUED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT R3(F) TRUE COPY OF REPORT BEARING REF. NO. M4.
25/22 DATED 03.02.2025 SUBMITTED BY THE
5TH RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT R3(G) TRUE COPY OF REPORT BEARING NO. M4.
25/22 DATED 05.02.2025 SUBMITTED BY THE
5TH RESPONDENT TO THE 4TH RESPONDENT.
