JUDGMENT

Anil K. Narendran, J.

The petitioner, namely, ‘Thathwamasee Ayyappa Seva Samithi’ represented by its Secretary, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Travancore Devaswom Board and the 4th respondent Sub Group Officer of Sree Subramaniya Swami Temple, Harippad to consider Ext.P2 representation dated 03.10.2022 submitted before the 1st respondent Board and Ext.P3 representation dated 03.10.2022 submitted before the 4th respondent Sub Group Officer and take decision granting permission to the petitioner Samithi for arranging shelter and other facilities for Sabarimala pilgrims in the premises of Sree Subramaniya Swami Temple, Harippad. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Board to consider and take an appropriate decision on Ext.P2 representation, immediately. 2. Going by the averments in the writ petition, for arranging facilities for Sabarimala pilgrims in the premises of Sree Subramaniya Swami Temple, Harippad, the petitioner Samithi submitted Ext.P2 representation dated 03.10.2022 before the 1st respondent Board. The petitioner Samithi submitted Ext.P3 representation dated 03.10.2022 before the 4th respondent Sub Group Officer, seeking permission to arrange temporary shelter for Sabarimala pilgrims in the premises of Sree Subramaniya Swami Temple, Harippad. According to the petitioner, there is a prevailing custom in Sree Subramaniya Swami Temple, Harippad for Sabarimala pilgrims to offer special pooja. During festival season, several devotees of Lord Ayyappa start their pilgrimage from Sree Subramaniya Swami Temple, Harippad, after offering special poojas. In the absence of funds from the 1st respondent Board or any other source, the members of the petitioner Samithi usually arrange necessary facilities every year for Sabarimala pilgrims. Since the respondents are not prepared to permit the petitioner Samithi to arrange facilities for Sabarimala pilgrims in the premises of Sree Subramaniya Swami Temple, Harippad and in the temple auditorium, which will adversely affect the interests of Sabarimala pilgrims, the petitioner Samithi is before this Court in this writ petition, seeking the aforesaid relief.

3. Heard the learned counsel for the petitioner and also the learned Standing Counsel for Travancore Devaswom Board for the respondents.

4. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 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.

5. In Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379] a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act the formation of Temple Advisory Committees in temples has become statutory.

6. 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. Clause (2) of the said Rules, which deals with objectives of the Temple Advisory Committees. As per Clause (2), 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 devo