IMPORTANT POINT
The court ruled that suspended members of the Temple Advisory Committee cannot participate in an Ad Hoc Committee for temple management, emphasizing timely proceedings and investigation into Kuthaka rights.

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. 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 B