Statutory remedies must be pursued before seeking court intervention under Article 226.

JUDGMENT

Anil K. Narendran, J.

The petitioner, namely, Mattannur Sree Mahadeva Temple, is a controlled institution under the Malabar Devaswom Board. The petitioner through its Executive Officer has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent Commissioner, Malabar Devaswom Board to initiate immediate statutory proceedings against the 21^st respondent - Sree Mahadeva Kshethra Samithi, Mattannur to recover the documents, if any, relating to letting out of the buildings owned by the temple to respondents 2 to 20, by invoking the provisions under the Madras Hindu Religious and Charitable Endowments Act , 1951 and hand over those documents to the petitioner forthwith. The petitioner has also sought for a writ of mandamus commanding the 3^rd respondent Commissioner, Malabar Devaswom Board to take appropriate steps to recover arrears of rent from respondents 5 to 20 along with interest on arrears at the rate of 12% per annum from the respective due dates till realisation and pay the same to the petitioner; a writ of mandamus commanding the 3^rd respondent Commissioner to take appropriate steps to recover vacant possession of the buildings in occupation of respondents 5 to 20; and a writ of mandamus commanding the 3^rd respondent Commissioner to initiate appropriate proceedings to conduct public auction for letting out the buildings to ensure reasonable rental income to the petitioner, as per the current market rate, complying with the statutory formalities under Section 29 of the and the Rules made thereunder, read with the directions issued by this Court in T. Krishnakumar v. Cochin Devaswom Board [2022 (5) KHC SN 8 : 2022 (4) KLT 798 ]

2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State and also the learned Standing Counsel for Malabar Devaswom Board for respondents 2 to 4. Considering the nature of relief proposed to be granted, service of notice on respondents 5 to 21 is dispensed with.

3. Ext.P1 order dated 29.09.2021 of the 3^rd respondent Commissioner, Malabar Devaswom Board in O.A.No.1 of 2020 declaring under Section 57 (a) of the Madras Hindu Religious and Charitable Endowments Act that Mattannur Sree Mahadeva Temple is a religious institution as defined under Section 6(17) of the said Act, with a direction to the Deputy Commissioner to frame a scheme for the administration of that temple, is under challenge in O.S.No.5 of 2022 pending before the Sub Court, Thalasserry, which is one filed by the 21^st respondent Sree Mahadeva Kshethra Samithi, invoking the provisions under Section 62 of the said Act. The Kshethra Samithi filed the said suit during the pendency of W.P.(C)No.25444 of 2021, a writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 order dated 08.10.2021 of the 3^rd respondent Commissioner, appointing an Executive Officer for Mattannur Sree Mahadeva Temple and the notice dated 01.11.2021 of the Executive Officer issued to the Kshethra Samithi.

4. W.P.(C)No.25444 of 2021 was closed by Ext.P3 judgment dated 06.03.2023, taking note of the institution of O.S.No.5 of 2022 by the Kshethra Samithi before the Sub Court, Thalasserry, invoking the statutory remedy under Section 62 of the said Act. Paragraphs 2, 3 and also the last paragraph of that judgment read thus;

''2. Ext.P8 order is one passed by the 2^nd respondent Commissioner, Malabar Devaswom Board under Section 57 (a) of the Madras Hindu Religious and Charitab