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2025 Supreme(Online)(Ker) 26167

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J
Petitioners – Appellant
Versus
Travancore Devaswom Board – Respondent
Writ Petition No. 34130 of 2024



Advocates:
For the Appellants/Petitioners: [Not specified]
For the Respondents: [Not specified]

The court affirmed that ongoing inquiries by the Ombudsman must be allowed to conclude before judicial intervention is warranted, emphasizing the distinction between public interest complaints and personal grievances.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners sought a writ directing the Travancore Devaswom Board to form a special enquiry team regarding alleged irregularities in temple management - Previous petitions highlighted issues with the Temple Advisory Committee and its election process - Ombudsman’s role clarified to oversee complaints involving public interest and not personal grievances - Court emphasized that ongoing inquiries by the Ombudsman must be allowed to conclude before further judicial intervention. (Paras 1, 6, 10, 11)

(B) Writ Jurisdiction - Scope - The Court reiterated that while it holds the power to issue writs under Article 226, such powers should not be exercised to intervene in matters where the Ombudsman is already investigating complaints. (Paras 10, 11)

Facts of the case:
Petitioners alleged irregularities in the management of Karikode Bhagavathy Temple and sought judicial intervention despite ongoing inquiries by the Ombudsman regarding the same issues.

Findings of Court:
The court ruled that the petition was an abuse of process as the Ombudsman was already addressing the complaints raised by the petitioners.

Issues: Whether the court should intervene in matters already under investigation by the Ombudsman and the validity of the petitioners' claims against the temple management.

Ratio Decidendi: The court held that complaints involving personal grievances of employees do not fall within the Ombudsman’s jurisdiction and that the writ petition was premature as it sought intervention while inquiries were pending.

Result: Writ petition dismissed.

Table of Content
1. petitioners allege irregularities in temple management. (Para 1 , 2 , 3)
2. court hears arguments from counsel. (Para 4)
3. ombudsman's role and jurisdiction clarified. (Para 5 , 6 , 7 , 8 , 9)
4. court emphasizes the need for ongoing inquiries. (Para 10)
5. writ petition dismissed as an abuse of process. (Para 11)

JUDGMENT

Anil K. Narendran, J.

The petitioners, who are devotees of Karikode Bhagavathy Temple, which is a temple under the management of the 2nd respondent Travancore Devaswom Board, have filed this writ petition invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the 2nd respondent Board to constitute a special enquiry team to look into the matters mentioned in Ext.P2 representation dated 01.04.2025 made before the President of the 2nd respondent Board and take appropriate action.

2. The 1st petitioner, along with another devotee of Karikode Bhagavathy Temple, had approached this Court in W.P.(C)No.34130 of 2024 seeking a writ of mandamus commanding the 5th respondent Assistant Devaswom Commissioner and the 6th respondent Sub Group Officer to disband the Temple Advisory Committee of Karikode Bhagavathy Temple and to conduct election to constitute a new Temple Advisory Committee for the said temple. In that writ petition the grievance of the writ petitioners was against the continuance of the Temple Advisory Committee, the term of which had expired on 04.07.2024. Various irregularities alleged to have been committed by the then Temple Advisory Committee were also pointed out in W.P.(C)No.34130 of 2024. That writ petition was disposed of by Ext.P1 judgment dated 17.12.2024 by directing the 5th respondent Assistant Devaswom Commissioner to finalise the proceedings already initiated for electing new members in the Temple Advisory Committee of Karikode Bhagavathy Temple, strictly in accordance with law, within the time limit stipulated in the notification already issued. In Ext.P1 order it was made clear that till a new Temple Advisory Committee is elected the entire activities in the temple shall be conducted by the 6th respondent Sub Group Officer, under the direct supervision of the 5th respondent Assistant Devaswom Commissioner. The Assistant Audit Officer, Aluva was directed to complete the audit of accounts of the erstwhile Temple Advisory Committee as well as the Ad-hoc Committee, within the prescribed time limit.

3. As stated in the writ petition, pursuant to the direction contained in Ext.P1 judgment election to the Temple Advisory Committee was conducted and the members of the new Temple Advisory Committee were elected. The 1st petitioner submitted Ext.P2 representation dated 01.04.2025 before the President of the 2nd respondent Travancore Devaswom Board pointing out various illegal activities by the temple employees, along with the 6th respondent Sub Group Officer. The 1st petitioner submitted an application dated 06.03.2025 under the Right to Information Act, 2005, to which he received Ext.P3 reply dated 28.03.2025 by the Public Information Officer in the office of the 5th respondent Assistant Devaswom Commissioner. The said application was in respect of the auction conducted in connection with the annual festival of the temple for the year 2024. Thereafter, the 1st petitioner submitted a complaint before the learned Ombudsman for Travancore and Cochin Devaswom Boards, which was numbered as Complaint No.117 of 2025, in which Ext.P4 proceedings dated 15.04.2025 directing the 2nd respondent Board and the 3rd respondent Devaswom Commissioner, after conducting an enquiry by the Chief Vigilance Officer and by the Audit Wing and the said complaint was posted on 27.05.2025. In the writ petition it is alleged that even after Ext.P4, no effective enquiry is conducted by the Chief Vigilance Officer into the complaint made by the petitioner, which is pending consideration before the learned Ombudsman as Complaint No.117 of 2025

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