Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is a devotee of Thalakottukara Bhagavathy Temple, which is a temple under the management of the 1^st respondent Cochin Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to ensure that the direction contained in Ext.P3 order dated 16.11.2024 of the 1^st respondent Board, whereby the application made by the 3^rd respondent Thathwamasy Desa Vilakku Committee stands rejected, is complied with in letter and spirit, by permitting the Temple Advisory Committee of that temple to conduct Desavilakku in terms of that permission. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to ensure that the 3^rd respondent Thathwamasy Desa Vilakku Committee and the 4^th respondent, who is its President, do not collect contributions in the name of Thalakottukara Bhagavathy Temple and do not conduct Thathwamasy Desa Vilakku on 30.11.2024 in the temple property or its vicinity; and a writ of mandamus commanding the 6^th respondent Station House Officer, Kunnamkulam Police Station, to take strict action against the 3^rd and 4^th respondents and its members in case there are attempts to conduct Desa Vilakku on 30.11.2024.

2. On 28.11.2024, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 and 2 and the learned Senior Government Pleader for the 6^th respondent Station House Officer. Urgent notice on admission by special messenger was ordered to respondents 3 to 5, returnable by 29.11.2024 at 10.15 a.m. Paragraph 4 of the order of this Court dated 28.11.2024 reads thus;

“4. The learned Standing Counsel seeks time to get instructions with specific reference to Ext.P4 notice published by the 3^rd respondent Thathwamasy Desa Vilakku Committee, in which it is written as follows;

“Cochin Devaswom Thalakottukara Bagavathy Kshetram Thathwamasy Desa Vilakku Committee”

3. On 29.11.2024, when this writ petition came up for consideration, this Court passed a detailed order, which reads thus;

“The 3^rd respondent enters appearance through counsel, who seeks time to file counter affidavit. On a query made by this Court, the learned counsel would admit that Ext.P4 notice is one published by the 3^rd respondent Thathwamasy Desha Vilakku Committee.

2. The learned counsel for the 3^rd respondent and also the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court a copy of Board order dated 27.11.2024, which is one issued based on an order dated 27.11.2024 of the Devaswom Commissioner, whereby, the 3^rd respondent Committee has been permitted to conduct Ayyappan Vilakku in the temple compound of Thalakottukara Bhagavathy Temple, subject to the conditions stipulated in that order, which is one authorising a committee by name Thathwamasy Ayyappan Vilakku Committee.

3. The learned counsel for the petitioner would point out the statutory provisions contained in Section 76A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and also the bye-laws framed by the Board in exercise of its powers under sub-section (3) of Section 76A of the Act. 4. The learned counsel for the 3^rd respondent has handed over an original receipt bearing No.1305 dated 28.11.2022.

5. Registrar (Judicial) to keep the said receipt in safe custody.

6. Counter affidavit on behalf of the 1^st respondent Cochin Devaswom Board and also that of the 3^rd respondent shall be placed on record by 03.12.2024.

7. Petitioner to file an application to implead Thathwamasy Ayyappan Vilakku Committee as an additional respondent.”

4. By the order of this Court dated 04.12.2024 in I.A.No.1 of 2024, Thathwamasy Ayyappan Vilakku Committee was impleaded as the additional 7^th respondent. The learned counsel, who entered appearance for the additional 7^th respondent, sought time to cure the defects noted by Registry in the v