JUDGMENT : Anil K. Narendran, J. The petitioner, who is the ward member of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in Vellayani, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P17 order dated 24.02.2023 of the 3rd respondent Devaswom Commissioner, Travancore Devaswom Board. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple; and a declaration that Ext.P17 order dated 24.02.2023 of the 3rd respondent is per se arbitrary and illegal and is a fraud on Court. 2. Going by the averments in the writ petition, though the Kuzhithalachlal and Kalluvila are at a distance of 800m from the Kalliyoor Dikkubali thara, the 3rd respondent Devaswom Commissioner issued Ext.P17 order removing the said wards from the Dikkubali Nirapara list of Vellayani Sree Bhadrakali Temple, stating that those are outside the radius of the Dikkubali Thara, i.e., outside the traditional boundary. The petitioner had earlier approached this Court challenging the said exclusion by filing W.P.(C)No.5338 of 2023, which was disposed of by Ext.P14 judgment dated 17.02.2023 recording the fact that vide communication No.ROC 1851/14/PR dated 16.02.2023, which was modified by communication dated 17.02.2023, the grievance of the petitioner stands redressed. Thereafter, Kuzhithalachal and Kalluvila were included in the list of places for ‘Pothunirapara’ in Ext.P15 Kalliyoor Dikkubali list. It is alleged in the writ petition that after the disposal of the said writ petition, the 3rd respondent issued Ext.P17 order removing those areas from the said list, relying on a report dated 22.03.2023 of the Assistant Commissioner, Neyyattinkara, stating that those areas are outside the traditional boundaries of the temple. 3. On 27.02.2023, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions. 4. Today, when this matter is taken up for consideration, a few devotees of Vellayani Sree Bhadrakali Temple got themselves impleaded as additional respondents 8 to 12 in this Writ Petition by the order in I.A.No.1 of 2023. A counter affidavit on behalf of respondents 2 to 6 is placed on record, producing therewith Ext.R2(a) to R2(d) documents. Paragraphs 6 to 12 of the counter affidavit read thus; “6. A counter affidavit on behalf of respondents 2 to 6 is placed on record, producing therewith Ext.R2(a) to R2(d) documents. Paragraphs 6 to 12 of the counter affidavit read thus; “6. It is submitted that Kaliyoottu festival of Vellayani Devi Temple is conducted once in every three years. Goddess Bhadrakali is the presiding deity of the Temple. The sub deities are Lord Shiva, Ganesha, Nagaraja and Madan Thampuram. The Kaliyoottu Festival for this year started on 14.02.2023 and stay for 70 days. The form of worship and customary rituals of the temple are being continued since centuries back. As part of the customary practice and rituals of the temple, Dikkubali is conducted in four Karas of the temple, named Pallichal, Kalliyoor, Koliacode and Pappanamcode. The deity will be taken to all karas during the Dikkubali and Irakki pooja/ Nirapara will be conducted in individual houses and other designated common places within the traditionally fixed boundary limits where the deity can be taken according to the customary practice and rituals of the temple. In each kara a list of houses and places within the respective area where individual Nirapara and Pothu Nirapara are proposed to be conducted will be prepared in terms of the traditionally followed customs and practice of the temple. The limits of each Kara were fixed decades back and the Nirapara will be conducted only within such limits. 7. It is respectfully submitted that the places, Kalluvila and Kuzhithalachal will not come within the accepted boundary limit followed from time immemorial. In 2017, the then Temple Advisory Committee President conducted nirapara in the house of his family members situated in Kuzhithalachal and Kalluvila area without respecting the customary practice and rituals of the temple. The devotees of the temple protested against this since the infraction of the customary rituals of the Temple will invite untoward incidents, detrimental to the residents of the desom. Accordingly the wish of the deity was ascertained by conducting a 'Thiruvaiprasnam' in front of the Deity. True copy of the relevant portion of the Prasnacharthu dated 21.01.2020 given by Dr. D. Sivakumar, Consultant Astrologer of Travancore Devaswom Board is produced herewith and marked as Exhibit R2(a). In Exhibit R2(a) it is found that conducting nirapara in areas beyond its permitted limits violating the customary rituals of the temple caused depletion of the Chaithanya of the deity. True copy of the relevant portion of the Prasnacharthu dated 21.01.2020 given by Dr. D. Sivakumar, Consultant Astrologer of Travancore Devaswom Board is produced herewith and marked as Exhibit R2(a). In Exhibit R2(a) it is found that conducting nirapara in areas beyond its permitted limits violating the customary rituals of the temple caused depletion of the Chaithanya of the deity. Followed by Exhibit R2(a), a 'Prayachitham' was done as a remedial measure for having deviated from the customary rituals of the temple. The main priest/ Mootha Vathi of the temple has requested the Sub Group officer not to deviate from the traditionally followed boundary limits while conducting the nirapara pooja during Kaliyootu festival in 2020. A copy of the request dated 28.01.2020 given by the Mootha Vathi to the 6th respondent is produced herewith and marked as Exhibit R2(b). 8. It is submitted that except in 2017, pothunirapara is not conducted in the places, Kuzhithalachal and Kalluvila. The devotees from Kuzhithalachal and Kalluvila used to offer nirapara in the pothunirapara conducted at Kulakottukonam. Now also there is no restriction/bar for any devotee for nirapara in the Pothunirapara conducted at Kulakottukonam, Kuzhithalachal and Kalluvila are not included in the list of houses, places where nirapara and pothunirapara are conducted during Kaliyootu festival in Vellayani devi temple, except during the year 2017. 9. It is submitted that considering the above, the 3rd respondent issued order RCC No.2999/20/NS1 dated 25.08.2020 directing the 4th respondent that no deviation from the customary practices of the temple shall be permitted in respect of the conduct of Nirapara/Irakki Pooja. True copy of ROC 2999/20/NS 1 dated 25.08.2020 issued by the Devaswom Commissioner is produced herewith and marked as Exhibit R2(c). Thereafter a Devaprasnam was conducted in Vellayani Devi Temple in November, 2022, which also revealed that the deviation from the customary rituals and practices in conducting the nirapara has affected the divine power of the Deity. 10. It is submitted that Exhibit P12 was issued authorizing 5th respondent to conduct one Pothu Nirapara/general nirapara each in Kalliyoor and Kuzhithalachal subject to the condition that steps for permitting pothu nirapara in the above places be taken only after confirming that the places come within the prescribed boundary limits as per the customary usage being followed in the temple. 11. 11. It is submitted that the Assistant Devaswom Commissioner as per report No.3110 dated 22.02.2013 reported that in 2017, pothu nirapara was conducted in the above places by misleading the department and there was widespread protest from the devotees and accordingly no permission was given in 2020 to conduct Pothu Nirapara in Kuzhithalachal and Kalluvila. Moreover, the Devaswom Commissioner as per ROC 2999/20/NSI dated 25.8.2020 has issued strict direction not to deviate from the existing limits being followed as per the customary practice followed in the temple. The Assistant Commissioner further stated that the above places are more than 2 kms. away from the existing boundary limits being followed. True copy of the Report No.3110 dated 22.2.2023 is produced herewith and marked as Exhibit R2(d). 12. It is submitted that the 3rd respondent considering the report of the 4th respondent issued Exhibit-P17 clarifying that permission to conduct nirapara shall be given without deviating from the boundary limits followed as per the customary practice of the temple and permission to conduct pothu nirapara in Kuzhithalachal, Kalluvila, Neeramankara, Peringamala and Naruvamoodu need not be given, being places outside the traditionally followed boundary limits.” 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent-State, the learned Standing Counsel for the Travancore Devaswom Board for respondents 2 to 6, the learned counsel for the 7th respondent Temple Advisory Committee and also the learned counsel for the party respondents. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly;(ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 7. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board, with has been approved by this Court vide order dated 03.11.2011 in DBA No.153 of 2009. 8. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 9. Clause (3) of the Rules deals with membership. Clause (3) of the Rules makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshipers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. 10. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. 10. In Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023/KER/8852], this Court held that, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. 11. In Major Vellayani Devi Temple Advisory Committee [2023/KER/8852] this Court held that, according to Oxford Dictionary, ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple. A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that only ‘politically neutral’ coloured decorative materials are used for temple festivals. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. The role of a Temple Advisory Committee in a temple under the management of the Travancore Devaswom Board is to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage of that temple. 12. The role of a Temple Advisory Committee in a temple under the management of the Travancore Devaswom Board is to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage of that temple. 12. The learned counsel for the petitioner and also the learned counsel for the 7th respondent Temple Advisory Committee would submit that Kalluvila and Kuzhithalachal falls within the boundary limits for conducting Dikkubali and as such, there is no legal impediment in conducting Dikkubali in those places. On the other hand, the learned Standing Counsel for the Travancore Devaswom Board and also the learned counsel for the party respondents would place reliance on Ext.R2(b). 13. The pleadings and materials on record would show that, for the first time Kuzhithalachal and Kalluvila wards were included in the list of places for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in the year 2017. The said fact is admitted by the petitioner. The specific stand taken in the counter affidavit filed by respondents 2 to 6 is that those two places will not come within the accepted boundary limit followed from time immemorial. In the year 2017, the then President of the Temple Advisory Committee conducted ‘Nirapara’ in the house of his family members situated in Kuzhithalachal and Kalluvila area without respecting the customary practice and rituals of Vellayani Sree Bhadrakali Temple. The devotees of the temple raised protest on the ground that the infraction of the customary rituals of the temple will invite untoward incidents, detrimental to the residents of the desom. Accordingly, the wish of the deity was ascertained by conducting a 'Thiruvaiprasnam' in front of the deity, as evidenced by Ext.R2(a) Prasnacharthu dated 21.01.2020, in which it was found that conducting nirapara in areas beyond its permitted limits violating the customary rituals of the temple caused depletion of the Chaithanya of the deity. After 'Thiruvaiprasnam', a 'Prayachitham' was done as a remedial measure for having deviated from the customary rituals of the temple. The Mootha Vathi (main priest) of the temple, vide Ext.R2(b) letter dated 28.01.2020, requested the 6th respondent Sub Group officer not to deviate from the traditionally followed boundary limits while conducting nirapara pooja during Kaliyootu festival in the year 2020. After 'Thiruvaiprasnam', a 'Prayachitham' was done as a remedial measure for having deviated from the customary rituals of the temple. The Mootha Vathi (main priest) of the temple, vide Ext.R2(b) letter dated 28.01.2020, requested the 6th respondent Sub Group officer not to deviate from the traditionally followed boundary limits while conducting nirapara pooja during Kaliyootu festival in the year 2020. Considering the above aspect, the 3rd respondent Devaswom Commissioner issued Ext.R2(c) communication dated 25.08.2020, directed the 4th respondent Assistant Devaswom Commissioner that no deviation from the customary practices of the temple shall be permitted in respect of the conduct of Nirapara/Irakki pooja. Thereafter, a Devaprasanam was conducted in the temple in November, 2022, in which it was found that deviation from customary rituals and practices in conducting Nirapara has affected the divine power of the deity. 14. In view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the 2nd respondent Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The 7th respondent Temple Advisory Committee, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. In that view of the matter, the petitioner cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Travancore Devaswom Board and its officials to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial. In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs.