IMPORTANT POINT
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.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is a devotee of Major Vellayani Devi Temple, which is a temple under the management of the 1^st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent Assistant Devaswom Commissioner, Neyyatinkara Group and the 4^th respondent Sub Group Officer of Vellayani Devaswom to give him an opportunity for making Pachappanthal and also allow him to do the traditional activities in which he was involved in the said temple, such as preparing and carrying ‘Theevetti’, etc. The petitioner has also sought for a writ of mandamus commanding the 3^rd respondent Assistant Devaswom Commissioner, Neyyatinkara Group and the 4^th respondent Sub Group Officer of Vellayani Devaswom to consider his representations, i.e., Exts.P2 and P3 dated 03.02.2025 and 17.03.2025, made before respondents 3 and 4 and grant permission for making Pachappanthal.

2. In the writ petition, it is stated that the petitioner submitted representation before the 4^th respondent Sub Group Officer, Vellayani Devaswom for permitting him to make Pachappanthal for Aswathy Pongala Maholsavam of 1200ME (2025), from 26.03.2025 to 01.04.2025, based on Ext.P1 notice, since he is experienced in making Pachappanthal and Pattuvirikkal for the last more than 15 years, and his grandfather Govindan Asan also used to make Pachapanthal in the past. The 4^th respondent Sub Group Officer verbally gave an assurance and believing the same, the petitioner brought thatched coconut leaves and other materials for making Pachapanthal. However, on 17.03.2025, the Sub Group Officer informed the petitioner that another person had been considered for making Pachappanthal.

3. On 27.03.2025, when this writ petition came up for admission, it was ordered to be listed today for consideration.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4.

5. 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.

6. 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 practic