Citation : 2026 Latest Caselaw 92 Ker
Judgement Date : 7 January, 2026
2026:KER:429
WP(C) No.46638/2025 1
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 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 46638 OF 2025
PETITIONER:
P. RANGADASA PRABHU, AGED 77 YEARS
S/O.LATE R. PADMANABHA PRABHU, SREE RANGA NIVAS,
T.D WEST ROAD, ERNAKULAM - COCHIN, PIN - 682035
BY ADVS.
SHRI.ATUL SOHAN
SMT.R.REJI (ATTINGAL)
SMT.SREEJA SOHAN K.
SHRI.K.V.SOHAN
RESPONDENTS:
1 THE COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, ROUND NORTH,
THRISSUR, PIN - 680001
2 THE ERNAKULAM THIRUMALA DEVASWOM
T.D. ROAD, ERNAKULAM,KOCHI, REPRESENTED BY ITS
MANAGING COMMITTEE, PIN - 682035
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WP(C) No.46638/2025 2
3 THE MANAGING COMMITTEE-ERNAKULAM THIRUMALA
DEVASWOM, T.D. ROAD, ERNAKULAM, KOCHI, REPRESENTED
BY ITS THE MANAGING ADHIKARIES, PIN - 682035
4 R SREEKUMAR KAMATH
MANAGING ADHIKARI, THE MANAGING COMMITTEE,
ERNAKULAM THIRUMALA DEVASWOM, T.D. ROAD,
ERNAKULAM, KOCHI -, PIN - 682035
5 NAVEEN R KAMATH
MANAGING ADHIKARI, THE MANAGING COMMITTEE,
ERNAKULAM THIRUMALA DEVASWOM, T.D. ROAD,
ERNAKULAM, KOCHI -, PIN - 682035
BY ADVS.
SRI.S.VINOD BHAT FOR R2 TO R5
SRI. K A SUDHEER, SC, CDB
KUM.ANAGHA LAKSHMY RAMAN
SMT.V.NAMITHA
SMT.GITANJALI SADAN PILLAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, THE COURT ON 07.01.2026 DELIVERED THE FOLLOWING:
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WP(C) No.46638/2025 3
JUDGMENT
K. V. Jayakumar
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
a. Issue a Writ of Mandamus or any other appropriate writ, order; or direction commanding Respondent No.1 to immediately consider the panel of names forwarded by Respondent No.3 and appoint the Election Commission for the Ernakulam Thirumala Devaswom forthwith.
b. Issue a Writ of Mandamus directing Respondent No.1 to ensure that the Election Commission so appointed conducts the election to the Managing Committee in accordance with Ext.P3 Scheme and Election Rules within a time frame to be fixed by this Hon'ble Court.
c. Issue an order appointing a Receiver or an Advocate Commissioner to take over the management and administration of the Ernakulam Thirumala Devaswom from 19.12.2025 until a newly elected Committee assumes charge;
d. Issue a direction to Respondent No.1 to take up and dispose of Ext.P2 representations dated 27.11.2025 immediately.
2. The petitioner, P. Rangadasa Prabhu, states that he is the hereditary member and registered voter of the Ernakulam Thirumala 2026:KER:429 WP(C) No.46638/2025 4
Devaswom. The administration of the said Devaswom is governed by a Scheme framed by the Cochin Devaswom Board under the provisions of the Travancore Cochin Hindu Religious Institutions Act, 1950. Ext.P3 is the true copy of the scheme.
3. The petitioner further states that, as per the provisions of Ext. P3 Scheme, the management of the temple is carried out by a committee elected by the 'Yogam'. The present Managing Committee (3rd respondent) assumed office on 19.12.2021, and its term of four years would expire on 18.12.2025. 4. Part VII of Ext.P3 Scheme governs the procedures to be followed in the election. Clause No.46 of the Scheme mandates that the 1st respondent/Cochin Devaswom Board, shall appoint an Election Commission not later than the last day of Kumbham once in every four years. The last day of Kumbham 1200 ME corresponds to March 14, 2025. The said Clause further mandates that a preliminary list of voters shall be published not later than the last day of Medam (May 2025).
5. According to the petitioner, despite the mandatory provisions in the Scheme with respect to the appointment of the Election Commission and the publication of the voters' list within a time frame, the 1st respondent, CDB has failed to appoint an Election Commission. The petitioner states that the 3rd respondent, the present Managing Committee of Thirumala Devaswom, has already forwarded a request and a panel of names to the Board for the appointment of the Election Commission. The petitioner states that he has no 2026:KER:429 WP(C) No.46638/2025 5
objection to the proposed persons in the panel forwarded by the 3rd respondent.
6. The principal grievance highlighted by the learned counsel for the petitioner, Sri.Atul Sohan, is that the 1st respondent has not initiated necessary steps for the conduct of the election to the Managing Committee of Thirumala Devaswom in spite of the mandatory provisions in Ext.P3 Scheme. The term of the present Managing Committee expired on 18.12.2025. The learned counsel for the petitioner submitted that inaction on the part of the 1st respondent is a direct violation of Clause 46 of Ext.P3 Scheme. According to the learned counsel, an interference from this Court is warranted to ensure free and fair elections to the Managing Committee of Thirumala Devaswom. Therefore, the petitioner seeks the issuance of a writ of mandamus commanding the 1st respondent to immediately consider the panel of names forwarded by the 3rd respondent and to appoint the Election Commission for the conduct of the election in Thirumala Devaswom.
7. When the matter was taken up on 15.12.2025, this Court passed an interim order directing the CDB to take a decision with respect to the appointment of the Election Commission. Accordingly, the Board as per order dated 15.12.2025 has appointed Adv.D.G.Suresh, Saikripa, P.J. Antony Road, Palarivattom, Ernakulam, as the Election Commissioner for the smooth conduction of the election to the Managing Committee of Thirumala Devaswom.
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WP(C) No.46638/2025 6
8. The learned counsel for the petitioner would submit that the
term of the present managing committee expired on 18.12.2025 and therefore, some interim arrangement, such as appointment of a Receiver, should be made for the administration of the Devaswom till a new committee is elected in accordance with the Scheme.
9. Sri K. P. Sudheer, learned Standing Counsel for CDB, submitted that the Board has already appointed an Election Commissioner and the process of election will be completed within a short period. 10. Sri.S.Vinod Bhat, the learned counsel for respondents 2 to 5, would submit that the present managing committee be directed to administer the affairs till the new committee is elected.
11. We have carefully considered the submissions of the counsel for the parties and perused the records.
12. Since the Board has already initiated steps and appointed Sri.D. G. Suresh as the Election Commissioner, we are of the view that there is no need to appoint a Receiver for the management of the affairs of the temple. Instead, it would be just and proper to direct expeditious conduct of the election to the managing committee of Thirumala Devaswom and to permit the present managing committee, whose term expired on 18.12.2025, to continue till the new committee is elected.
13. Having considered the submissions of the counsels, we deem it appropriate to dispose of the Writ Petition with the following directions:
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I. Adv.D. G. Suresh, Election Commissioner, shall hold the election in accordance with the Scheme as expeditiously as possible, within the outer limit of three months from the date of receipt of a copy of this judgment.
II. The present Managing Committee shall continue to manage the affairs of the temple in a fair and transparent manner till the new committee assumes charge.
III. It is made clear that the present managing committee shall maintain true and fair records of all the transactions connected with the temple and shall submit audited accounts before the CDB for the interregnum period, for which they are allowed to function within one month from the handing over of the charge to the new managing committee, without fail.
The Writ Petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/
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WP(C) No.46638/2025 8
APPENDIX OF WP(C) NO. 46638 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 16.09.2025
Exhibit P1(a) TRUE COPY OF THE AI GENERATED ENGLISH
TRANSLATION OF EXHIBIT P1
Exhibit P2 TRUE COPY OF THE LETTER DATED 27.11.2025
Exhibit P2(a) TRUE COPY OF THE AI GENERATED ENGLISH
TRANSLATION OF EXHIBIT P2
Exhibit P3 TRUE COPY OF THE SCHEME FOR THE
MANAGEMENT OF THE ERNAKULAM THIRUMALA
DEVASWOM
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