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Kerala High Court
V. Prabhakaran vs State Of Kerala on 14 January, 2026
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
W.P(C).No.44002/2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947
WP(C) NO. 44002 OF 2025
PETITIONER:
V. PRABHAKARAN, AGED 65 YEARS
S/O KUTTIKRISHNAN NAIR, 18/338, INDIRAPRABHA,
KUZHIYAKKAD, KALLEPPULLY, PALAKKAD, PIN - 678005
BY ADVS.
SHRI.RAJESH SIVARAMANKUTTY
SHRI.K.V.ANTONY
SMT.VIJINA K.
SRI.ARUL MURALIDHARAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOMS) DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED
COMPLEX, ERANHIPALAM, KOZHIKODE, PIN - 673006
3 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, PALAKKAD DIVISION, CIVIL
STATION, PALAKKAD DISTRICT, PIN - 678001
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4 THE EXECUTIVE OFFICER, SREE MANAPPULLIKAVU
BHAGAVATHY DEVASWOM, PALAKKAD DIVISION, CIVIL
STATION, PALAKKAD DISTRICT, PIN - 678013
5 MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
ERANHNIPALAM, KOZHIKODE, PIN - 673006
6 THE DEPUTY DIRECTOR
KERALA AUDIT DEPARTMENT, MALABAR DEVASWOM AUDIT,
REGIONAL OFFICE, NEAR MUNICIPAL TOWN HALL,
PALAKKAD DISTRICT, PIN - 678001
7 R. BALAKRISHNAN
AGE NOT KNOWN, S/O KARUNAKARAN NAIR, ABHINAV,
SARAYUNAGAR,CHEMBALOD, CHANDRANAGAR, PALAKKAD
DISTRICT, PIN - 678007
8 P. JAYASANKER,
AGE AND FATHER'S NAME NOT KNOWN, 'OJUS', KRISHNA
GARDENS, KADAMKODE, NH JUNCTION, MANAPPULLIKAVU,
PALAKKAD DISTRICT, PIN - 678013
9 K. GOVINDARAJ MENON
S/O RAJALAKSHMI KUNJIYAMMA, AGE NOT KNOWN, TRUSTEE
SREE MANAPPULLI BHAGAVATHI DEVASWOM, RESIDING AT
KENATH VEEDU, VENGODI, ELAPPULY,
PALAKKAD DISTRICT, PIN - 678622
BY ADV SRI.K.MOHANAKANNAN, R4
SRI.S.RAJMOHAN, Sr. GP
SMT.R RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.12.2025, THE COURT ON 14.01.2026 DELIVERED THE FOLLOWING:
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JUDGMENT
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of
India. The petitioner, V. Prabhakaran, states that he is an ardent devotee of
Sree Manappullikavu Bhagavathi Temple and interested in the welfare of the
temple.
2. Sree Manappullikavu Bhagavathi Temple is an ancient temple in
Palakkad District. It is a special grade temple under the Malabar Devaswom
Board since 1983. Every year, Annual Vela Festival is conducted during the
third Thursday of Kumbam Malayalam month (February-March). It is further
stated that the Annual Vela is conducted based on the orders passed by the 1st
respondent, State of Kerala. The petitioner has produced Ext.P1, order of the
1st respondent.
3. As per Ext.P1 (G.O.No. 13312/Dev.1/2015/RD dated 01.10.2015),
the Vela Committee shall submit audited statements of accounts showing the
income and expenditure within one month from the conclusion of the Vela
Festival to the 3rd respondent, Assistant Commissioner - Malabar Devaswom
Board. Ext.P1 order further states that those members of the Vela Committee
who commit defaults should be debarred from becoming members of the
future Vela Committee.
4. According to the petitioner, there is a delay in submitting audited
account statements before the Assistant Commissioner, Malabar Devaswom
Board with respect to the conduct of the Temple Vela Festival for the year
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2025.
5. The petitioner further states that he has submitted Ext.P2
application before the Assistant Commissioner Malabar Devaswom Board
under the Right to Information Act (RTI Act), seeking information as to
whether the Vela Committee has submitted accounts within the stipulated
time. As per Ext.P3 reply, the Assistant Commissioner informed the petitioner
that the temples under the Malabar Devaswom Board are excluded from
providing information under the RTI Act as per the judgment of this Court in
WP(C) No.30470/2008 dated 11.03.2011. It is also seen that the Vela
Committee has not submitted Audited Statements of Accounts as mandated by
Clause (iii) of Ext.P1.
6. It is on this assertion, the petitioner has approached this Court
claiming the following reliefs:
i. direct the 2nd Respondent to consider Exhibit P4 within a
time frame along with hearing the Petitioner, before calling for
meeting leading to formation of Vela Committee to conduct Vela for
Manappullikavu Temple in 2026 as per Exhibit P5, by means of a
Writ of Mandamus or any other appropriate Writ Order or
Direction;
ii. Direct the 2nd and 3rd Respondents or the competent amongst
Respondents 1 to 4 to form a list of defaulters of members of
previous Vela Committees so as to work the mandates under Exhibit
P1, debarring the defaulted members of previous Vela Committees
in coming into future Vela Committees by means of an appropriate
Writ, Order or Direction of like nature;
iii. hold that the Respondents 1 to 4 are bound to implement the
directions in Exhibit P1 with respect to formation of Vela
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Committee in future by means of an appropriate Writ Order or
Direction;
iv. direct the Respondents 1 to 4 to strictly implement the
mandates under Exhibits P1 qua Exhibit P5 by means of appropriate
Writ Order, or Direction of like nature;
v. hold that unless the list of defaulters of previous Vela
Committee members are published, Exhibit P5 is to be
countermanded till then by means of an appropriate Writ, Order or
Direction of like nature;
7. Sri. Rajesh Sivaramankutty, learned counsel for the petitioner
submitted that the non-submission of the audited accounts by the Vela
Committee as per Ext.P1 order prima facie shows that there is some
malpractices by the committee. Now, Ext.P5 notice is published by the 3rd
respondent, Assistant Commissioner, Malabar Devaswom Board to convene a
meeting for the selection of new Vela Committee for the year 2026.
8. Sri. K. Mohanakannan, the learned counsel for the 4th respondent,
the Executive Officer of Sree Manappullikavu Bhagavathi Devaswom
submitted that the Vela Committee of the year 2025 has submitted the income
and expenditure account statement and that is forwarded to the Assistant
Commissioner on 25.06.2025 as evident from Ext.R4(b).
9. The learned counsel pointed out that even after the festival is over,
contributions from the devotees are being credited to the account of the Vela
Committee for more than a month. Therefore, auditing of the account and
preparation of income and expenditure statements may not be completed
within a month after the conclusion of the Vela Festival. It is also pointed out
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that experienced persons are to be included in the Vela Committee and it is
necessary for the proper conduct of the Vela.
10. Adv. K. Mohanakannan, the learned counsel further submitted
that Ext.P5 notification was issued in compliance with the directions issued by
this Court in W.P.(C) No. 37496/2022. In the said judgment, this Court
directed that the person elected as members of the Vela Committee shall be
regular worshipers of the temple, who are prepared to actively work for the
betterment of the temple.
11. The learned counsel would then point out that the Vela Festival of
the current year is scheduled to be held on 26.02.2026. Several preparatory
works have to be done, since it is a major festival in Palakkad District. The
Treasurer of the Vela Committee is the Executive Officer who is appointed by
the Malabar Devaswom Board. Therefore, whatever funds donated by the
devotees will be properly accounted for.
12. We have heard the submissions of Sri. Rajesh Sivaramankutty,
learned counsel appearing for the petitioner, Sri. S. Rajmohan, the learned
Government Pleader, Smt. R. Renjanie, the learned Standing counsel for the
Malabar Devaswom Board and Sri. K. Mohanakannan, the learned counsel for
the 4th respondent and perused the records.
13. The main challenge in this Writ Petition is that Ext.P5
publication was issued by the Assistant Commissioner, Malabar Devaswom
Board dated 17.11.2025 to convene a meeting for the formation of the Vela
Committee for the smooth conduct of the Vela of Sree Manappullikavu
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Temple, Palakkad for the year 2026 scheduled to be held on 26.02.2026,
violating the stipulations of Ext.P1 G.O.
14. As per Clause (iii) of Ext. P1 order, the Vela Committee is
required to submit audited statements of accounts reflecting the income and
expenditure within one month from the conclusion of the Vela Festival. Clause
(iv) of Ext. P1 further mandates that the members of the Vela Committee who
fail to submit proper accounts within the stipulated time shall be debarred
from becoming members of the Vela Committee in future, and the names of
such defaulters shall be exhibited on the notice board of the temple.
15. Ext.R4(b) is the copy of the account statement submitted by the
office bearers of the Vela Committee 2025 on 25.06.2025 with a delay of four
months. On going through Ext. R4(b) account statement, the total receipts are
Rs.75,69,407/- and total expense incurred was Rs.72,53,758.66/-. It is
pertinent to note that Ext.R4(b) is not an audited account statement as
contemplated under clause (iii) of Ext.P1 order. Ext.R4(b) account statement
cannot be considered as proper compliance of Clause (iii) of Ext.P1 order. The
very purpose of issuance of Ext.P1 order of the Government is to ensure that
each and every rupee received by the Vela Committee as donations from the
devotees should be properly accounted and audited. However, the Vela
Committee 2025 represented by the President, Secretary and the Executive
Officer (Treasurer) of the Committee has submitted an unaudited account
statement to the third respondent that too, after four months of the completion
of the Vela. It is pertinent to note that Ext.R4(b) account statement is
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incomplete and lacks the necessary particulars.
16. Once the Vela Festival is over, it is the bounden duty of the Vela
Committee, in which an Executive Officer appointed by the Malabar
Devaswom Board is included as a Treasurer, to submit the audited account
statement of income and expenditure at the earliest. The non-submission of
the audited account statement can only be viewed with suspicion by this
Court. The delay occasioned in the submission of the audited account
statements of income and expenditure would open up a path for
misappropriation and corruption. The reason stated in the counter statement of
the fourth respondent that even after the conclusion of the Vela, the devotees
continue to pay and remit amounts to the Vela Committee is not justifiable and
untenable.
17. This Court by judgment in W.P.(C) No.37496/2022 dated
23.11.2022 (Ext. R4(a)) has issued the following directions:
"10. In such circumstances, this writ petition is disposed of
by directing the 3rd respondent Assistant Commissioner to proceed
with the meeting scheduled on 24.11.2022 at 11:00 a.m. for the
formation of Vela Committee in connection with Vela festival in
Sree Manappullikkavu Bhagavathi Temple for the year 2023. The
persons elected as members of the Vela Committee shall be regular
worshippers of the temple, who are prepared to actively work for
the betterment of the temple. Persons who are busy with their
employment, office bearers of political parties, active politicians or
those indulging in active participation in the activities of a political
party cannot aspire membership in the Vela Committee. The 3rd
respondent Assistant Commissioner shall get a declaration from the
persons so elected, in the form of an affidavit, on the above aspect."
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18. In Ext. R4(a) judgment, the challenge was to the notification
issued by the Assistant Commissioner for the formation of the Vela
Committee for the conduct of Vela of 2023.
19. Having gone through the pleadings, materials placed on record
and the submissions of the learned counsels for the parties, we deem it
appropriate to dispose of this Writ Petition with the following directions:
i. The Vela Committee for the conduct of the festival
scheduled to be held on 26.02.2026 shall be elected strictly in
accordance with Clauses (iii) and (iv) of Ext.P1 order and the
directions issued by this Court in Ext.R4(a) judgment.
ii. The previous Vela Committee shall submit an 'audited
account statement of income and expenditure' to the Assistant
Commissioner, Palakkad, strictly in accordance with Clause (iii)
of Ext.P1, within a period of fifteen days from the date of receipt
of a copy of this judgment, if it is not already submitted.
iii. If the Vela Committee 2025 fails to submit the audited
account statement as per Clause (iii) of Ext. P1, the defaulted
members shall be permanently debarred from becoming members
of the Vela Committee.
iv. The list of defaulted members of the Vela Committee
henceforth shall be exhibited in the notice board of the temple.
v. The Assistant Commissioner, Palakkad shall ensure that the
members elected for the Vela Committee in future shall be of
impeccable integrity and are not involved in any criminal cases.
The Assistant Commissioner shall also ensure that Clauses (iii)
and (iv) of Ext.P1 order shall be scrupulously followed
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henceforth.
vi. The Assistant Commissioner, Palakkad shall file an
affidavit before this Court detailing all the aspects covered by this
judgment, including Clauses (iii) and (iv) of Ext.P1 order within a
period of two months from the date of completion of Vela, every
year, without fail. It is made clear that if the Assistant
Commissioner fails to comply with the aforementioned directions
in its letter and spirit, he will be directly answerable to this Court
for any such lapses.
The Writ Petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/BR
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APPENDIX OF WP(C) NO. 44002 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER NO.
3376/03/REVENUE DATED 30-10-2003 AND
NO. 13312/DEV.1/2015/RD DATED 1-10-2015
ISSUED BY THE 1 ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED
11-6-2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3 RD RESPONDENT UNDER THE
RIGHT TO INFORMATION ACT
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
26-5-2025 IN RTI NO.2666/2025/MDB
ISSUED TO PETITIONER BY THE STATE
PUBLIC INFORMATION OFFICER
Exhibit P4 A TRUE COPY OF THE PETITION DATED 6-
10-2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2 ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE PUBLICATION DATED
18-11-2025 IN MALAYALAM DAILY
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE JUDGMENT IN WRIT
PETITION(C) 37496/2022 DATED 23-11-2022
Exhibit R4(b) TRUE COPY OF THE COMMUNICATION SENT BY
THE 4TH RESPONDENT TO THE 3RD
RESPONDENT WITH STATEMENT OF ACCOUNT OF
VELA FESTIVAL DATED 27-6-2025.
