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2025 Supreme(Online)(KER) 7194

HIGH COURT OF KERALA
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
M.K.DEVARAJ – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent
WP(C) 134/2025



Advocates:
For the Appellants/Petitioners: N.ANAND, RAJESH O.N., ROY ANTONY
For the Respondents: SANTHOSH KUMAR G

Right to invoke statutory remedies must precede judicial intervention in administrative matters.

Headnote:Statute Analysis: The petition was filed under Article 226 of the Constitution seeking to quash an order under the Travancore-Cochn Hindu Religious Institutions Act, Section 31A, regarding a Temple Advisory Committee. Facts: The petitioner sought approval as Secretary which was denied by the respondents. Findings: The court allowed the withdrawal of the petition for the petitioner to pursue statutory remedies.

Issues: The court framed the question of authority for appointing committee members.

Ratio Decidendi: The court noted the necessity of complying with statutory provision prior to court intervention.

Result: This writ petition is dismissed as withdrawn; however, without prejudice to the right of the petitioner to invoke the statutory remedy against Ext.P9 order.

JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P9 order dated 27.09.2024 of the 2nd respondent Devaswom Commissioner to the extent it does not approve the name of the petitioner as the Secretary of Temple Advisory Committee of Peroor Sree Krishnaswamy Temple. The petitioner has also sought for a writ of mandamus commanding the respondents to approve the name of the petitioner as the Secretary of the Temple Advisory Committee of Peroor Sree Krishnaswamy Temple.

2. On 07.01.2025, when this writ petition came up for consideration, the matter was adjourned to 13.01.2025 and thereafter, to 20.01.2025.

3. Today, when this matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw this writ petition, since the petitioner intends to invoke the statutory remedy as provided under Clause (13) of the Bylaws (Rules) regarding the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board, framed under Section 31A of the Travancore- Cochin Hindu Religious Institutions Act, in order to challenge Ext.P9 order.

Based on the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; however, without prejudice to the right of the petitioner to invoke the statutory remedy against Ext.P9 order.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE scl APPENDIX OF WP(C) 134/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 14.08.2019 ISSUED BY THE DEPUTY DEVASOM COMMISSIONER, TRAVANCORE DEVASOM BOARD IN ROC NO.

1025/2015/NS-1 Exhibit P2 A TRUE COPY OF THE ORDER DATED 09.01.2020 IN ROC NO. 25136/19/NS.1 ISSUED BY THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED

02.02.2021 ISSUED BY THE TEMPLE ADVISORY COMMITTEE TO THE SUB GROUP OFFICER, PEROOR DEVASOM Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED

29.08.2022 PASSED BY THIS HON’BLE COURT IN DBP NO. 27/2022 Exhibit P5 A TRUE COPY OF THE ORDER DATED 14.10.2022 ISSUED BY RESPONDENT NO.1 IN ROC NO.

9516/22/N.S Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED

19.10.2022 PASSED BY RESPONDENT NO.2 IN NO.

ROC 25136/19/NS.1 Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED

27.01.2023 ISSUED BY THE PETITIONER TO RESPONDENT NO.5 AND DELIVERED BY HAND Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED

23.09.2024 ISSUED BY RESPONDENT NO.4 IN NO.

1370 Exhibit P9 A TRUE COPY OF THE ORDER DATED 27.09.2024 ISSUED BY RESPONDENT NO.2 IN ROC NO.

25136/19/NS-1

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