Writ petitions against private bodies are not maintainable unless they are discharging public duties; the Thiruvambadi Devaswom is deemed a private entity.

COMMON JUDGMENT

K. V. Jayakumar, J.

These two Writ Petitions are preferred seeking interference in the election process scheduled to be held on 28.09.2025 in the Thiruvambadi Sri Krishna Temple, Thrissur. W.P(C).No.28828/2025 is filed by one Ravikumar and two others. W.P(C).No.29078/2025 is filed by one Jayachandran and two others.

2. The grievance projected and the reliefs claimed in both these Writ Petitions are identical, and therefore, these Writ Petitions can be disposed of by a common judgment. W.P(C).No.28828/2025 is taken as the lead case and the parties and exhibits are referred to as stated in the said Writ Petition.

3. It is stated in the Writ Petitions that the petitioners are devotees of the Thiruvambadi Sri Krishna Temple, Thrissur. The petitioners are also members of the general body of the 3^rd respondent - Thiruvambadi Devaswom, which is a controlled institution under the 2^nd respondent - Cochin Devaswom Board.

4. It is pleaded in the Writ Petitions that the temple is under the control and management of the Thiruvambadi Devaswom as per Ext.P1 bye-law. As per the stipulations contained in Ext.P1 bye-law, a Hindu who owns property in any of the three Desoms – Chirakkal, Angadi and Poonkunnam, and who is a resident thereof for a minimum period of ten years and who has attained the age of twenty-one years is entitled to be a member of the general body of the Devaswom. The management of the Devaswom is vested in a Managing Committee consisting of 19 members elected from the general body from time to time. It is stated that the petitioners are ardent devotees of the deities of the temple and are interested in the welfare of the Thiruvambadi Devaswom.

5. On 21.02.2025, the petitioners submitted Ext.P2 letter before the Managing Committee of the 3^rd respondent-Devaswom, highlighting that the President of the Thiruvambadi Devaswom, namely P.S. Sundar Menon, should not be permitted to resume the duties as President. It is stated that, Sri. Sundar Menon is one of the Directors of Heewan Nidhi Limited and Heewan Finance Limited. Several crimes were registered against him by the Town West Police Station, Thrissur alleging offences punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code and various sections of the Banning of Unregulated Deposit Schemes Act 2019 [the BUDS Act] in connection with the transactions of the aforesaid companies. He was released on bail vide order dated 06.01.2025 of this Court in Bail Application No. 10785/2024. It is contended in Ext.P2 that, since Sri. Sundar Menon was involved in several criminal cases, he is not eligible or competent to exercise the functions and discharge the duties as the President of the Thiruvambadi Devaswom.

6. On 27.02.2025, the petitioners received Ext.P4 communication, informing them that they have been removed from the Managing Committee which is an elected body from the general body of the Thiruvambadi Devaswom. The alleged reason stated was that the petitioners misbehaved in the meeting held on 19.02.2025, which is a ground under Clause 48 of the bye-law for removal from the Managing Committee.

7. It is contended that the petitioners approached the Munsiff Court, Thrissur and instituted a