IMPORTANT POINT
The court reinforced that the Temple Advisory Committee must fulfill statutory duties regarding financial account audits while confirming the limit of writ jurisdiction to prevent unlawful directives.

JUDGMENT :

Muralee Krishna, J.

D.B.P. No.23 of 2024 is registered suo motu based on Report No.3 of 2024 of the learned Ombudsman for Travancore and Cochin Devaswom Boards, pointing out the allegations raised in Annexure 01 complaint received from a devotee, alleging failure in the proper upkeep of accounts by the Temple Advisory Committee of Poonithura Kottaram Sree Krishna Temple.

2. In the report, the learned Ombudsman stated that the Devaswom Board had already taken steps to conduct an audit after getting the records from the Committee, and hence, Annexure 01 complaint was closed. But the learned Ombudsman further stated in the report that there was a previous complaint bearing No.63 of 2015 in respect of Poonithura Kottaram Sree Krishna Temple, and it was noted at the time of enquiry of that complaint that the accounts from 2012 were to be audited, and even now it is not done, and the delay is not explained by the Cochin Devaswom Board. Therefore, the learned Ombudsman seeks necessary direction to the Cochin Devaswom Board to complete the audit of the accounts as assured, within a time frame and to submit an audit report.

3. W.P.(C)No.18250 of 2024 is filed under Article 226 of the Constitution of India by the devotees of Poonithura Kottaram Temple seeking a writ of certiorari to quash Ext.P2 proceedings dated 22.12.2023 of the 1^st respondent Cochin Devaswom Board, permitting the 4^th respondent Temple Advisory Committee of Poonithura Kottaram Temple, to construct a Nadapanthal on the open space available on the eastern side of the Temple. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 3 to reconsider the request submitted by the 4^th respondent seeking permission for construction of the Nadapanthal taking into consideration of the fact that already there is a Bhagavatha Mandiram and a stage to meet the requirements and to declare that the present attempt to construct a Nadapanthal on the eastern side of the Temple is an unnecessary construction and amounts to wastage of public fund and it is not in the interest of the devotees.

4. Going by the averments in the writ petition, the petitioners are aggrieved by Ext.P2 order of the Devaswom Board whereby sanction is accorded to the 4^th respondent to construct a nadapanthal on the open space available on the eastern side of the temple. The main objective behind the construction of the Nadapanthal is for the conduct of Bhagavatha Sapthaham, Narayaneeyam, other religious speeches, cultural and art programmes and procession with elephant and instrumentalists during the festival. When the devaprasnam was conducted during 2012, it was specifically mentioned and instructed that there shall not be any permanent or temporary structure on the eastern side of the temple since it will obstruct the vision of the idol towards the eastern side. This aspect was mentioned in Ext.P1 notice as early as in the year 2012. Hence, the construction on the eastern side of the temple is not in the interest of the deity or that of the devotees. No devaprasnam was conducted to ascertain the wish of the deity. Apart from that, there is already a big stage with a green room available in the temple premises for c