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HIGH COURT OF KERALA
MR. JUSTICE ANIL K. NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
K. PURUSHOTHAMAN NAIR – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent
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 1st respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st 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 4th respondent.
3. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3
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.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Point of Law : ‘Worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition i....
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 Assistant Devaswom Commissioner’s directive regulating elephant parades during temple festivals is procedural and does not constitute grounds for judicial interference, reaffirming the statutory ....
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
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 court ruled that the Travancore Devaswom Board cannot grant permissions for rituals that are not part of traditional practices, emphasizing the need for transparency and the necessity of full dis....
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 ....
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