Ramachandran Nair, J.

1. The petitioner herein is the President of the Managing Committee of Sree T.T.K. Devaswom, Thaliparamba in Kannur District. In the writ petition the petitioner has produced Ext.P5, an order passed by the second respondent Deputy Commissioner, Malabar Devaswom Board, suspending the Managing Committee on certain grounds pending enquiry into them. The writ petition has been filed seeking for the issuance of a writ of mandamus directing the first respondent to allow another five hereditary trustees to discharge the functions of hereditary trustees in the temporary vacancies occurred due to the suspension of hereditary trustees, until disability of the present hereditary trustees of the managing committee ceases. As relief No.(iii) the petitioner is seeking for a declaration that the temporary vacancies of hereditary trustees in Sree T.T.K. Devaswom can be filled temporarily from the members of the 43 families having trusteeship by electing from them. One of the other prayers is to quash Ext.P9 communication by which the suspended trustees have been informed that in the light of the order of suspension they shall not participate in the meetings of the general body of hereditary trustees.

2. The relevant facts as revealed from the averments in the writ petition show the following: Sree T.T.K. Devaswom is a renowned religious institution of northern Kerala which manages three major shrines which include Sree Raja Rajeswara Temple of Taliparamba, Sree Krishna Temple of Trichambaram and Sree Vydhyanatha Temple of Kanhirangad and several other minor temples. The Devaswom headquarters is situated within the premises of Sree Raja Rajeswara Temple at Talimparamba.

3. Ext.P1 is the scheme framed as per the provisions of the Hindu Religious and Charitable Endowments Act, 1951 (for short H.R. & C.E. Act) on the direction of the Sub Court, Payyannur in O.P.No.60/1987. The same has been approved by this Court in C.M.A.No.451/1990. Going by para 2 of the scheme, the trusteeship in the Taliparamba, Trichambaram and Kanhirangad temples and sub temples and other shrines attached thereto vests hereditary in the Karanavars for the time being of the Illoms in existence in the group of families known as 'Parinchalloor Gramam' in Kannur District. Para 3 of the scheme shows that the administration will have to be carried out by the managing committee of eight members, five members are elected by the hereditary trustees from among themselves and three members appointed by the department from the public as non hereditary trustees. The present managing committee, of which the petitioner is the President, took charge on 29.9.2011. As of now there are no non-hereditary trustees. There are 43 families having hereditary urazhma rights over the Sree T.T.K. Devaswom temples. Para 10 of the scheme shows that the managing committee shall appoint an Executive Officer or Manager to conduct the day today affairs of the temple. The functions of the Executive Officer are governed by paragraphs 12 to 14 of the scheme.

4. The present controversy started by the issuance of show cause notice dated 29.9.2012 produced as Ext.P2 asking them to show cause why action should not be taken under Section 45 of the HR & CE Act. Ext.P3 is the copy of the explanation submitted by them. Even though the show cause notice was challenged before this Court in W.P.(C) No.26891/2012, this Court by Ext.P4 judgment, disposed of the writ petition directing the respondents therein to treat the objection as answer to Ext.P2 and proceed with accordingly. Even though a Special Leave Petition was filed before the Honourable Supreme Court against Ext.P4 judgment, the same has been dismissed. In the meanwhile, a suspension order was issued as per Ext.P5 and W.P.(C) No.62/2013 filed before the Honourable Supreme Court challenging the same, has also been dismissed as per Ext.P6 order.

5. We heard learned Senior Counsel for the petitioner, Shri K.P. Kylasanatha Pillai, S