A devotee cannot invoke writ jurisdiction under Article 226 for administrative oversight of a temple managed by a trust, especially when civil proceedings regarding its administration are pending.

JUDGMENT

Anil K. Narendran, J

The petitioner, who is a devotee of Oachira Parabrahma Temple, which is under the management of a trust by name Oachira Parabrahma Trust, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3, namely, the State of Kerala, represented by the Special Secretary to Government, Revenue (Devaswom) Department, the Travancore Devaswom Board, represented by its Secretary and the Devaswom Commissioner, Travancore Devaswom Board to enquire into the administration of Oachira Parabrahma Temple, call for periodical accounts, and assume its administration as provided under Sections 36 , 37 and 38 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . The petitioner has also sought for a writ of certiorari to quash Ext.P4 notice dated nil issued by the 4^th respondent Administrator of Oachira Parabrahma Temple, appointed in terms of the order of the Apex Court dated 03.12.2024 in Civil Appeal Nos.13708-09 of 2024 arising out of Ext.P2 order dated 07.02.2023 of a learned Single Judge of this Court I.A.No.5 of 2022 in R.F.A No.562 of 2010, to line up in the queue again for collecting additional application forms.

2. On 13.02.2025, when this writ petition came up for admission, it was ordered to be listed today along with the Judges’ papers in R.F.A No.562 of 2010.

3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 and 3.

4. The issue that requires consideration in this writ petition is as to whether the petitioner, who is a devotee of Oachira Parabrahma Temple, can invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, based on Ext.P5 representation dated 31.01.2025 made before the 4^th respondent Administrator appointed in terms of the orders of the Apex Court in Civil Appeal Nos.13708-09 of 2024.

5. Oachira Parabrahma Temple is not a temple under the management of the 2^nd respondent Travancore Devaswom Board. It is a temple managed by Oachira Parabrahma Trust. Regarding framing of a scheme for the administration of that temple, under Section 92 of the Code of Civil Procedure, 1908 , O.S.No.1 of 2006 is pending before the Additional District Court-I, Kollam, in which a preliminary decree has already been passed on 09.04.2010. By that preliminary decree, it is declared that a scheme is to be settled for the 1^st defendant Oachira Parabrahma Temple and for all assets and institutions under the same, including Oachira Parabrahma Speciality Hospital. The parties to the suit were called for to file draft scheme for the 1^st defendant temple covering all institutions in existence and to be established in future, under the scheme, within three months from the date of the preliminary decree. In that preliminary decree, it was made clear that the administration of the temple and other institutions will continue, till the scheme is framed, as per the present bye-law. The present managing body under the bye-law is allowed to meet the expenses for the effective management of the 1^st defendant temple and all institutions under the same, existing and to be established in future, as per the provisions in the existing bye-law, until the scheme is framed. In the preliminary decree, it was made clear that the restrictions imposed in that regard during the pendency of O.S.No.1 of 2006 will be removed with effect from 01.06.2010.

6. The preliminary decree passed by the Additional District Court-I, Kollam in O.S.No.1 of 2006 was under challenge before this Court in R.F.A.No.560 of 2010. That first appeal was disposed of by the judgment dated 02.03.2020, without any interference in the preliminary decree passed. While the matter is being proceeding before the Additional District Court-I, Kollam for passing a final decree, I.A.No.5 of 2022 was filed in R.F.A.No.562 of 2010 (wh