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2022 Supreme(Ker) 144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
Santharam Roy T.S., S/o T.R.Sivan – Appellant
Versus
Travancore Devaswom Board Represented By Its Secretary – Respondent
W.P.(C) No.25622 of 2021
Decided on : 02-03-2022

Advocates:
Advocate Appeared:
For the Appellant : M.P.MADHAVANKUTTY
For the Respondent: P.GOPAL, G.SANTHOSH KUMAR (P).

Point of law: Where a particular form of service is provided for in the regulations, no other form is permitted.

Headnote:

Constitution of India, Article 226 – Seeking a declaration that the election to the Temple Advisory Committee of Thirunakkara Sree Mahadeva Temple held on 07.11.2021 is illegal and arbitrary.

Finding of the Court :

Provisions under Clause (3) of Ext.P1 Rules, which deals with qualification for membership, makes it explicitly clear that the membership in Registered mandalam' is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshipers and had contributed to a considerable extent for the betterment of the temple and the devotees. When no particular form of notice is provided in Clause (5) of Ext.P1 Rules, the publication of notice convening a general meeting of registered devotees to elect members other than the permanent members to the Advisory Committee on the notice board of the Travancore Devaswom Board inside the temple premises as well as on all ‘opurams' of the temple is sufficient compliance of the requirement of notice provided in Clause (5) of the said Rules.

Result: Dismissed

JUDGMENT :

Anil K. Narendran, J.

The petitioner is a member of Thirunakkara Kshetra Bhaktha Mandali, which is an association of the devotees of Thirunakkara Sree Mahadeva Temple. His name is included as Sl.No.465 in the voters' list of Thirunakkara Kshetra Bhaktha Mandali. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the election to the Temple Advisory Committee of Thirunakkara Sree Mahadeva Temple held on 07.11.2021 is illegal and arbitrary. He has also sought for a writ of mandamus commanding respondents 1 to 4 not to approve the election/selection of respondents 6 to 18 as the members of the Temple Advisory Committee of Thirunakkara Sree Mahadeva Temple; a writ of mandamus commanding respondents 1 and 4 to conduct a proper election to the Temple Advisory Committee, in terms of Ext.P1 Rules framed by the 1st respondent Travancore Devaswom Board for constitution of the Temple Advisory Committees.

2. Going by the averments in the writ petition, the term of the Temple Advisory Committee of Thirunakkara Mahadeva Temple expired on 20.01.2021. In the meeting of the Temple Advisory Committee held on 18.12.2020, it was resolved to request the 2nd respondent Devaswom Commissioner to grant extension of the term of the Committee, under Clause (11) of Ext.P1 Rules. Thereafter, Ext.P2 request dated 21.12.2020 was made by the Committee before the 2nd respondent. Later, Ext.P3 request dated 06.01.2021 was submitted before the 2nd respondent to conduct election before the expiry of the term of the existing Committee or in case of any difficulty in conducting election in time, extend the term of the existing committee till the conduct of the election. Sri.B. Gopakumar, the President of the Committee, had approached this Court in W.P.(C)No.1063 of 2021 seeking a writ of mandamus commanding respondents 1 to 4 to take immediate steps for the conduct of election to the Temple Advisory Committee of Thirunakkara Mahadeva Temple, in terms of Ext.P1 Rules, and at any rate prior to the expiry of term of the existing Committee. That writ petition was disposed of by Ext.P4 judgment dated 08.04.2021. In the said judgment, this Court observed that the election to the Temple Advisory Committee need not wait till the statutory audit process in relation to the audit report for the period from 11.12.2019 to 19.12.2020 is completed. Therefore, the competent among respondents 1 to 4 herein were directed to ensure that election to the Temple Advisory Committee is notified without any further delay, so as to elect the new Committee in terms of Ext.P1 rules, preferably within four weeks from the date of receipt of a certified copy of the judgment and in compliance with Covid-19 protocol. Sri.B.Gopakumar filed Cont.Case(C)No.1573 of 2021 before this Court, alleging willful disobedience of the directions contained in Ext.P4 judgment. Thereafter, the 4th respondent Assistant Devaswom Commissioner, Kottayam, published Ext.P5 notice dated 30.10.2021 in the notice board of the Travancore Devaswom Board, inside the premises of Thirunakkara Mahadeva Temple, regarding the conduct of election to the Temple Advisory Committee, wherein it was stated that in furtherance to the directions contained in Ext.P4 judgment, election to the Temple Advisory Committee is scheduled to be held on 07.11.2021 at 10.00 am at Sivasakthi Auditorium, Thirunakkara in Kottayam. Apart from Ext.P5 notice, the 3rd respondent Administrative Officer, Thirunakkara Devaswom, issued Ext.P6 notice dated 02.11.2021 regarding the election scheduled to be held on 07.11.2021. Some of the members of Thirunakkara Kshetra Bhaktha Mandali have acknowledged the receipt of Ext.P6 notice. The document marked as Ext.P7 is the list of 517 members of Thirunakkara Temple Bhaktha Mandali. The grievance of the petitioner is that, the election conducted by the 4th respondent Assistant Devaswom Commissioner on 07.11.2021 is without proper notice to the

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