IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Kavitha Kumari.D W/o.prasad Kumar – Appellant
Versus
State Of Kerala – Respondent
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 2nd 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 7th 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 5th 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 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 ....
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
The extension of a Temple Advisory Committee's term without addressing complaints against its members is arbitrary and unjust, warranting judicial intervention and direct administration by the govern....
The extension of a Temple Advisory Committee's term must comply with statutory provisions and prior court rulings, and cannot be granted for minor works.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Removal of members from Temple Advisory Committee violated principles of natural justice; due process was not followed.
A writ of mandamus can only be issued when there is a clear statutory duty and legal right, which was not established by the petitioners in this case.
A writ of mandamus requires the existence of a legal right and a statutory duty, which the petitioner failed to demonstrate, leading to the dismissal of the petition.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Temple Advisory Committees must operate strictly within the authority granted by the Travancore Devaswom Board, and deviations from prescribed conduct can lead to legal challenges and sanctions.
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