2023 Supreme(Online)(Ker) 60153
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.JAYAKUMAR – Appellant
Versus
TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY – Respondent
WP(C) 11074/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 W.P.(C) NO. 11074 OF 2023 PETITIONERS:
1 D.JAYAKUMAR AGED 50 YEARS S/O A. DASAN NADAR, PANDALVEEDU, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
2 S. PRADEEP KUMAR, AGED 52 YEARS, S/O N. SADASIVAN NAIR, PANKAJA VILASAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
3 N.S.VIMAL KUMAR AGED 45 YEARS, S/O V. NARAYANAN NAIR, THRIKKARTHIKA, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
4 S.ARUN KUMAR, AGED 42 YEARS, S/O B. SASIDHARAN NAIR, INDIRA SADANAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
5 R.ANAND, AGED 55 YEARS, S/O S.RAMACHANDRANASARY, GANAPATHI VILASAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
6 D.JAGADEESAN THAMPI, AGED 68 YEARS, S/O DAMODARAN PILLAI, PUNARTHAM, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
7 GOPAN D.
AGED 48 YEARS, S/O A. DASAN NADAR, KARTHIKA KANAVILA VEEDU, BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM, PIN – 695501.
BY ADV D.AJITHKUMAR RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003.
2 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003. 3 DEPUTY DEVASWOM COMMISSIONER OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM, PIN – 695121.
4 ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM, PIN – 695121.
5 THE SUB GROUP OFFICER, VENGANOOR BHAGAVATHINADA TEMPLE, BHAGAVATHYNADA.P.O, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN – 695501.
6* P.S.MOHANACHANDRAN, AGED ABOUT 50, KAVERIBHAGAM, BHAGAVATHI NADA.P.O, BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.
7* S.PRAVEEN KUMAR, AGED ABOUT 55, PRANAVAM, BHAGAVATHI NADA.P.O., BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.
*ARE IMPLEADED AS PER ORDER DATED 10/04/2023 IN IA 3/23. BY ADVS.
R1 TO R5 BY SRI G. SANTHOSH KUMAR - STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD R6 & R7 BY SRI D.AJITHKUMAR R6 & R7 BY SRI J S AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
P.G. Ajithkumar, J.
The petitioners are the Vice President, Secretary, Joint Secretary and Members of the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple. They were elected on 24.10.2019. The term of the said Temple Advisory Committee was till October, 2021. But the term was extended initially for six months as per the order dated 13.10.2021. The term was extended subsequently also. However, as per Ext.P2 order dated 04.01.2023, their term was restricted till 22.01.2023. Election to the new Temple Advisory Committee was notified. Ext.P5 is the notification dated 29.03.2023. Pursuant to complaints that the erstwhile Temple Advisory Committee did not submit accounts, members of that committee were not permitted as per Ext.P6 order to partake the election. Ext.P9 is the notification issued by the 4th respondent notifying the election to be held on 11.04.2023. In the said circumstances, the petitioners filed this Writ Petition claiming the following reliefs:-
“(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Ext.P5 notification of the 5th respondent and quash the same;
(i)a To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exts.P6 and P9 and quash the same;
(ii) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to permit the petitioners to contest election to the Temple Advisory Committee of the Venganoor Bhagavathinada Devi Temple.”
2. As per the order dated 10.04