Temple committees must adhere to statutory provisions and cannot include active politicians, as this undermines the customs and practices of temple administration.

Anil K. Narendran, J.

The petitioners, who are devotees of Chinakkathoor Bhagavathy Temple in Ottappalam Desom, which is a controlled institution under the 1^st respondent Malabar Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent Assistant Commissioner, Palakkad, not to grant approval to Chinakkathoor Pooram Ottappalam Desom Pooraghosha Committee, headed by the 5^th respondent, since the formation of that Committee is made in violation of the principles laid down in the decision of this Court in Chathu Achan v. State of Kerala [ILR 2022 (4) Kerala 199]. The petitioners have also sought for a writ of mandamus, commanding the 3^rd respondent Assistant Commissioner, to pass appropriate orders on the plea of granting approval to Chinakkathoor Pooram Ottappalam Desom Pooraghosha Committee, headed by the 5^th respondent, in terms of the decision of this Court in Chathu Achan [ILR 2022 (4) Kerala 199]

2. Going by the averments in the writ petition, the petitioners who are residents of Ottapalam Desom are the devotees of Chinakkathoor Bhagavathy. The annual temple festival - Chinakkathoor Pooram is celebrated in the month of February or in the first week of March. In connection with the annual festival, every desom used to have an individual Pooram Committee and their representatives will get elected into the Central Committee, which conducts Chinakkathoor Pooram. The desom Committees are formed from the residents of that desom, to co-ordinate and lead individual desom Pooram, which ultimately, culminate in the temple. There used to be Chinakkathoor Pooram Ottappalam Desom Committee, a society registered under the Societies Registration Act for the conduct of Ottappalam Desom Pooraghosham. Since that Committee became defunct, owing to certain disputes resulting in legal proceedings before various forums, the Ottapalam Desom Pooraghosha Committee is being elected every year, in terms of the circular issued by the 1^st respondent, as H.R.H.5/8246/06 dated 15.06.2007. That apart, respondents 1 to 3 have taken a stand that the Committee formed under the provisions of the cannot be allowed to conduct Pooraghosham. Since there were irregularities in the conduct of election to Ottappalam Desom Pooraghosham Committee, in the previous year, the petitioners have approached the 2^nd respondent Commissioner, Malabar Devaswom Board with Ext.P5 representation dated 05.04.2023, seeking interference for the proper conduct of election for formation of Chinakkathoor Pooram Ottappalam Desom Pooraghosha Committee, for the year 2024 and thereafter approached this Court in this writ petition, seeking the aforesaid reliefs. The grievance of the petitioners is that persons who are active politicians are included in Chinakkathoor Pooram Ottappalam Desom Pooraghosha Committee.

3. On 16.11.2023, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to respondents 4 to 7, returnable by 20.11.2023.

4. On 20.11.2023, respondents 5 to 7 entered appearance through counsel and sought time to file counter affidavit. Respondents 5 to 7 have filed a counter affidavit dated 18.12.2023. Paragraphs 3 to 7 of that counter affidavit read thus;

“3. The writ petition is not maintainable. Chinakathur Pooram Ottapalam Desha Committee is a society registered under the Societies Registration Act . The writ petition