Writ petitions concerning the administration of religious institutions must adhere to the statutory framework provided by relevant laws, rather than seeking relief through Article 226.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner, who is a devotee of Parappool Bhagavathi Temple (Parappool Kavu), Thaliparambu, Kannur District, has filed this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari [sic: writ of mandamus] commanding the District Judge, Thalassery to submit a report before this Court in petition O.M.No.P.C.No.1772/2024 dated 22.02.2024 and to take stringent action on the said report, as per the dictum laid down by the Apex Court in Mrinalini Padhi v. Union of India [(2019) 18 SCC 1] , without any delay; an order directing the present Temple Committee of Parappool Bhagavathi Temple (Parappool Kavu) to hand over all responsibilities of the temple to the Ooralans (hereditary trustees of the temple), including the books of accounts and all details of the administration and permit them to discharge all their duties without any hitch and hindrance; a declaration that the Parappool Bhagavathi Temple is a religious institution and direct the respondents to frame a scheme for the administration of Parappool Kavu under the leadership of 4 Ooralan families (hereditary trustees of the temple); and direct the 3^rd respondent Commissioner, Malabar Devaswom Board to conduct the audit of accounts of Parappool Bhagavathi Temple for the last 13 years.

2. Going by the averments in the writ petition, the petitioner, who is a devotee of Parappool Bhagavathi Temple (Parappool Kavu), has filed this writ petition due to the dilapidated condition of the temple and its properties on account of inaction on the part of respondents 4 and 5, who are presently the Secretary and President, respectively, of Parappool Kavu Committee. Respondents 6 to 9 belong to four Ooralan families of the temple. The property of the temple is comprised in Re.Sy.Nos.70 and 71 of Pattuvam Village, i.e., 4.02 Acres in Re.Sy.No.70 and 7.10 Acres in Re.Sy.No.71 of Pattuvam Village. The temple pond, having an extent of 50 cents, is at Ariyil. According to the petitioner, the annual income of the temple is around Rs.10 Lakhs, by way of vazhipadu and donations from the devotees. Though the temple generates huge income, the Kavu and its premises are in a dilapidated condition due to the inaction on the part of Parappool Kavu Committee. The Kavu building Tharavadu (Valiyaveedu) is not maintained properly by the Kavu Committee. Moreover, the income and expenditure of the Kavu were not audited for the last 13 years. The Kavu Committee is not bothered about the difficulties faced by the devotees, the deficiencies in the management, appropriate utilisation of the offerings and the protection of the assets of the Kavu. Moreover, the election to the committee is not being conducted democratically and the minutes are not maintained properly. The Kavu Committee is not consulting the four Ooralan families, namely, Karoth Tharavadu, Arathingal Tharavadu, Koovodan Tharavadu and Neelankol Tharavadu, in the day-to- day administration of the temple. Due to the dilapidated condition of the Kavu, the Ooralans have expressed their interest in forming a committee to protect the interest of the Kavu and the devotees. The petitioner caused to issue Ext.P1 lawyer notice dated 23.12.2024 to the President and Secretary of Parappool Kavu Committee. On receipt of Ext.P1 lawyer notice, the petitioner was issued with Ext.P2 reply notice dated 21.01.2025. The petitioner filed Ext.P3 representation dated nil before the Deputy Commissioner, Malabar Devaswom Board, Ko