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2025 DIGILAW 508 (KER)

Kavitha Kumari. D W/o. prasad Kumar v. State Of Kerala

2025-03-07

ANIL K.NARENDRAN, MURALEE KRISHNA S.

body2025
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 2 nd 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 7 th 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 5 th 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 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. 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 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 2 nd respondent Board and the 3 rd 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 8 th respondent. Petitioner to take out fresh notice by speed post returnable within ten days. 2. The learned Senior Government Pleader, on instructions from the 7 th 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 7 th respondent shall be placed on record within two weeks. 4. The learned Standing Counsel for Travancore Devaswom 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. 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 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 3 rd 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 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. A decision 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 2 nd 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 allegations, shall not be made part of that Ad Hoc Committee. With the above directions, this writ petition is disposed of.