J U D G M E N T

Alexander Thomas, J The petitioner claims to be the present President of the 5th respondent temple advisory committee of the Thirunakkara Mahadeva Temple, Kottayam, which comes under the statutory control and jurisdiction of the 1st respondent Travancore Devaswom Board.

2. The case set up in the above writ petition is to the effect that as per Ext.P2 letter dated 21.1.2019, the 2nd respondent Devaswom Commissioner has granted approval of election of the present temple advisory committee of Thirunakkara Mahadeva Temple and hence going by Ext.P1 Rules, the term of the office of the present advisory committee of Thirunakkara Mahadeva Temple was expired on 20.1.2021. Hence, it is contended by the petitioner that the 5th respondent temple advisory committee has submitted Ext.P3 representation dated 21.12.2020 addressed to the 2nd respondent Devaswom Commissioner and Ext.P4 representation dated 6.1.2021 addressed to the 2nd respondent Devaswom Commissioner and the 3rd respondent Administrative Officer, Thirunakkara Devaswom seeking effective steps to ensure timely conduct of the election to constitute a new committee before the expiry of the term of the office of present committee or in the alternative to extend the term of the office of the present committee till the conduct of the said election. Further it is pointed out in the above writ petition filed on 13.1.2021 that till date no orders had been passed on Ext.P3 and P4 representations and no steps have been taken for the timely conduct of the election. In the light of these factual averments and contentions that the petitioner has filed the aforecationed writ petition on 13.1.2021 with the following prayers:

“i) To issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents 1 to 4 to take immediate steps for conduct of election for constituting a new Temple Advisory Committee for Thirunakkara Temple in terms of Ext.P1 Rules and at any rate prior to the expiry of term of office of present committee on 20.1.2021.

ii) To issue a Writ of Mandamus or other appropriate writ, order or direction directing extension of term of office of the present Temple Advisory Committee for Thirunakkara Temple till the conduct of election for constituting a new Temple Advisory Committee.

iii) To issue such other and further reliefs as may be prayed for from time to time.”

3. Heard Sri.Deepu Lal Mohan, the learned counsel appearing for the petitioner. When the above case came up for consideration on 20.1.2021, this Court had directed that the Standing Counsel for the respondent-Travancore Devaswom Board will get instructions in the matter and the case was posted to 27.1.201 and further it was ordered that till such time, the present temple advisory committee shall be permitted to continue. Later the said interim order has been extended from time to time.

4. The respondents 1 to 4 (Travancore Devaswom Board) have filed a counter affidavit dated 12.2.2021 in this case through the learned Standing Counsel. In para 6 of the said counter affidavit filed by respondents 1 to 4, it has been stated that the report submitted by the Assistant Devaswom Commissioner on 5.1.2021 would indicate that the committee has not submitted the accounts of the last year's festival and even in spite of several directions they have failed to comply with the same. Further that as per the said report dated 5.1.2021 (produced as Ext.R1(a)) the committee President, the petitioner and the Secretary (6th respondent) herein are blaming each other and further that the Assistant Devaswom Commissioner had recommended to form an ad hoc committee consisting of five members, who are willing to work for conducting this years festival and maramath works. Further it is also stated that the 2nd respondent Devaswom Commissioner had decided to re evaluate the factual situation and that the situation is not possible to convene a general body meeting to elect a committee under the bye laws due to t