IMPORTANT POINT
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.

JUDGMENT :

Anil K. Narendran, J.

The petitioners, who are stated to be the ‘Sthanees’ of Major Vellayani Devi Temple, which is a temple under the management of the 1^st respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Board to consider Ext.P3 representation dated 18.02.2025; a writ of mandamus commanding the respondents to permit two among the petitioners, which they would suggest, to accompany Thanga Thirumudi on 31.03.2025, during Kalam Kaval in Aswathy Pongala Maholsavam of 1200ME (2025); and a writ of mandamus commanding the respondents to ensure the rights of ‘Sthanees’ secured by the declaration of the Civil Court vide Exts.P1 and P2 judgments are scrupulously honoured.

2. On 20.03.2025, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 3. Notice on admission by special messenger was ordered to the additional 4^th respondent.

3. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3 and also the learned counsel for the additional 4^th respondent.

4. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.

5. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board, with has been approved by this Court vide order dated 03.11.2011 in DBA No.153 of 2009.

6. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals on