This petition sought a declaration against respondents 5 to 12 and a writ of mandamus against respondents 1 to 4. The court recorded a submission that the proceedings dated 29.01.2020 rendered the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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 29TH DAY OF NOVEMBER 2022 / 8TH
AGRAHAYANA, 1944
W.P.(C)NO.31232 OF 2019
PETITIONER:
THURAVOOR MAHAKSHETHRA UPADESHAKA SAMITHY,
THURAVOOR MAHAKSETHRAM, THURAVOOR P.O.,
CHERTHALA, REP. BY ITS SECRETARY B.SUDHAKARA
MENON.
BY ADVS.
B.PRAMOD
SMT.NAMITHA JYOTHISH
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA-695003, REP. BY ITS COMMISSIONER.2 THE COMMISIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA695003.3 THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM, VAIKOM, PIN-686141.4 THE ADMINISTRATIVE OFFICER, THURAVOOR MAHAKSHETRAM, THURAVOOR.P.O., CHERTHALA, PIN-688532.5 T. MAHADEVAN, PUTHENVEED, THURAVOOR P.O., CHERTHALA,2
W.P.(C)No.31232 of 2019
ALAPPUZHA-688532.
6 R. JAYAKUMAR, KUNNEL, THURAVOOR P.O., CHERTHALA, ALAPPUZHA688532.7 M.S. MOHANKUMAR, SREEBHAVAN, THURAVOOR P.O., CHERTHALA, ALAPPUZHA-688532.8 M. SHIBU, THEKKEMANGALASSERI, THURAVOOR P.O., CHERTHALA, ALAPPUZHA-688532.9 P.K. PURUSHOTHAMAN PILLAI, S/O.KOCHU KUTTAN PILLAI, AGED 56 YEARS, PURATHUVELIL, VALAMANGALAM SOUTH P.O., THURAVOOR, CHERTHALA, ALAPPUZHA DISTRICT688532.10 SARATH A.S., APPAKANDATHIL, THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT-688532.11 RAJESH PAI, VALIYAVEEDU, THIRUMALABHAGAM P.O., THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT-688532.12 SHYLAJA SREENIVASAN, EDAPARAMBIL, VALAMANGALAM SOUTH P.O., THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT688532. BY ADVS. SRI.G. SANTHOSH KUMAR, SC, TDB SRI.S.RAJMOHAN, SC, TDBTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.31232 of 2019
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 5 to 12 have ceased to be members of the petitioner Temple Advisory Committee on account of their absence in three consecutive meetings as provided in Clause 15 of Ext.P1 rules. The petitioner has also sought for a writ of mandamus commanding the respondents 1 to 4 to ensure that respondents 5 to 12 do not in any manner interferes with the functioning of the petitioner Temple Advisory Committee as well as the administration of Thuravoor Mahakshethram.
filed by respondents 1 to 3. Paragraph 3 of that counter affidavit reads thus;
“Now, as per proceedings No.ROC 22699/18/NS-2 dated 29.01.2020, the Devaswom Commissioner was pleased to dissolve the Temple Advisory Committee (TAC) constituted at Thuravoor Mahakshethram, Vaikom Group. A copy of the proceedings No.ROC 22699/18/NS-2 dated 29.01.2020 of the Devaswom Commissioner is produced herewith and marked as Ext.R1(a). In the light of Ext.R1(a), the above writ petition is infructuous and hence the same may be
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W.P.(C)No.31232 of 2019
closed.”
consideration, the learned counsel for the petitioner would submit that in view of Annexure R1(a), no further orders are necessary in writ petition. Therefore, this writ petition may be closed.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
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W.P.(C)No.31232 of 2019
APPENDIX OF WP(C) 31232/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RULES FRAMED BY THE
1ST RESPONDENT BOARD.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN DBP
NO.52/2018 DATED 5.9.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
17.10.2018 ISSUED BY THE DEPUTY
DEVASWOM COMMISSIONER.
EXHIBIT P4 TRUE COPY OF THE NOTICE OF THE
GENERAL BODY MEETING CONVENED ON
24.2.2019.
EXHIBIT P5 TRUE COPY OF THE ATTENDANCE REGISTER
OF THE MEETING CONVENED ON 24.2.2019.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED
12.6.2019.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED
23.6.2019.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED
7.7.2019.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED
19.7.2019.
EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE
MEETING ON 20.6.2019.
EXHIBIT P11 TRUE COPY OF THE MINUTES OF THE
MEETING ON 7.7.2019.
EXHIBIT P12 TRUE COPY OF THE MINUTES OF THE
MEETING ON 9.7.2019.
EXHIBIT P13 TRUE COPY OF THE MINUTES OF THE
MEETING ON 21.7.2019.
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W.P.(C)No.31232 of 2019
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED
22.7.2019 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P15 A TRUE COPY OF THE ORDER DATED
29.01.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P16 A TRUE COPY OF THE VIGILLANCE REPORT
DATED 27.11.2017 AGAINST THE 4TH
RESPONDENT.
EXHIBIT P17 A TRUE COPY OF THE RELEVANT PAGES OF
THE PASSBOOK OF THE PETITIONER'S
ACCOUNT IN THE BANK OF INDIA.
EXHIBIT P18 A TRUE COPY OF THE RELEVANT PAGES OF
THE PASSBOOK OF THE PETITIONER'S
ACCOUNT IN THE STATE BANK OF INIDA.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE PROCEEDINGS NO.ROC
22699/18/NS-2 DATED 29.01.2020 OF THE
DEVASWOM COMMISSIONER.
1 provisions across 1 enactments
Thuravoor Mahakshethra Upadeshaka Samithy
The Travancore Devaswom Board
The Commissioner, Travancore Devaswom Board
The Assistant Commissioner, Travancore Devaswom Board
The Administrative Officer, Thuravoor Mahakshethram
T. Mahadevan
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court