Petitioners filed a writ petition challenging the dissolution of the Temple Advisory Committee of Omallur Sree Rakthakanda Swamy Mahakshethram by the Devaswom Commissioner and the constitution of an Ad-hoc Committee in lieu of the same. The court dismissed the writ petition as withdrawn.
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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 25TH DAY OF JULY 2023 / 3RD SRAVANA, 1945
W.P.(C)NO.14306OF 2023
PETITIONERS:
1 THE TEMPLE ADVISORY COMMITTEE (UNDER ORDERS OF DISSOLUTION, OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA-689647 REPRESENTED BY ITS PRESIDENT, R. SUNIL, AGED 48 YEARS, S/O. K.N. RAVEENDRANATHAN NAIR, 'PAVITHRAM', OMALLUR P.O., PATHANAMTHITTA, PIN - 6896472 THE PRESIDENT, TEMPLE ADVISORY COMMITTEE, (UNDER ORDERS OF DISSOLUTION) OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA, PIN - 6364553 R. SUNIL, AGED 48 YEARS, S/O. K.N. RAVEENDRANATHAN NAIR, PRESIDENT, TEMPLE ADVISORY COMMITTEE,(UNDER ORDERS OF DISSOLUTION), OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA-636455, RESIDING AT PAVITHRAM', OMALLUR P.O., PATHANAMTHITTA, PIN-6896474 T.V. ABHILASH, AGED 42 YEARS, S/O. V.G. THANKAPPAN NAIR, SECRETARY, TEMPLE ADVISORY COMMITTEE,(UNDER ORDERS OF DISSOLUTION), OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA-636455, RESIDING AT VELIYATHU ADIMURIYIL', OMALLUR P.O., PATHANAMTHITTA, PIN - 6896475 PRASAD, AGED 49 YEARS, S/O. K.G. VASUDEVAN NAIR, MEMBER, TEMPLE ADVISORY COMMITTEE,(UNDER ORDERS OF DISSOLUTION), OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA-636455, RESIDING AT KANNANTHADATHIL HOUSE, OMALLUR P.O., PATHANAMTHITTA, PIN - 6896472
W.P.(C)No.14306 of 2023
6 SURESH KUMAR, AGED 52 YEARS, S/O. T.R. GOPINATHAN NAIR, MEMBER, TEMPLE ADVISORY COMMITTEE,(UNDER ORDERS OF DISSOLUTION), OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, OMALLUR, PATHANAMTHITTA-636455, RESIDING AT OLITHUNDIL HOUSE, PAIVALLY BHAGAM MURI, OMALLUR P.O., PATHANAMTHITTA, PIN - 689647BY ADVS.D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 6950022 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM-, PIN - 6950023 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARANMULA, PATHANAMTHITTA, PIN - 6895334 THE SUB GROUP OFFICER OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM, TRAVANCORE DEVASWOM BOARD, ARANMULA, PATHANAMTHITTA, PIN - 6895335 THE AD-HOC COMMITTEE CONSTITUTED IN LIEU OF TEMPLE ADVISORY COMMITTEE OF OMALLUR SREE RAKTHAKANDA SWAMY MAHAKSHETHRAM OMALLUR, PATHANAMTHITTA-636455, REPRESENTED BY ITS CONVENOR, SASIDHARAN NAIR, CHAKKAMANNIL HOUSE, ATTARIKAM, OMALLUR, PATHANAMTHITTA, PIN - 689647BY ADVS.SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
SRI.SANTHOSH KUMAR G, SC TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.14306 of 2023
JUDGMENT
Anil K. Narendran, J.
This writ petition is one filed seeking a writ of certiorari to quash Ext.P9 order dated 10.04.2023 of the 2nd respondent Devaswom Commissioner, whereby the 1st petitioner Temple Advisory Committee of Omallur Sree Rakthakanda Swamy Mahakshethram in Pathanamthitta, which is a temple under the management of the 1st respondent Travancore Devaswom Board, in which the 3rd and 4th petitioners were the President and Secretary respectively and the 5th and 6th petitioners were the Members, is dissolved for the reasons stated therein. The petitioners have also sought for a declaration that the constitution of the 5th respondent Ad-hoc Committee by the 2nd respondent Devaswom Commissioner and the 3rd respondent Assistant Devaswom Commissioner in lieu of the lawfully elected Temple Advisory Committee of Omallur Sree Rakthakanda Swamy Mahakshethram, is illegal and unconstitutional. The further relief sought for is a writ of mandamus commanding respondents 1 to 4 to permit the 1st petitioner Temple Advisory Committee to discharge its duties in accordance with law.
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W.P.(C)No.14306 of 2023
Devaswom Board was directed to make available for the perusal of this Court, the files relating to the constitution of an Ad-hoc Committee in the temple in question for conducting the temple festival. By the order dated 30.05.2023, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to the circumstances in which the name and emblem of Travancore Devaswom Board are printed on the letterhead of the 1st petitioner Temple Advisory Committee.
to 4 was placed on record, opposing the reliefs sought for in this writ petition, producing therewith Exts.R1(a) to R1(j) documents. In the counter affidavit, it is stated that the 1st petitioner Temple Advisory Committee, which was given approval by the Travancore Devaswom Board on 02.04.2022, permitted ‘Sree Rakthakanda Navarathri Sanghataka Samithi’ to collect funds from the devotees for the conduct of Navarathri Festival, 2022 in Omallur Sree Rakthakanda Swamy Mahakshethram. Without the permission of the Board and its officials, coupons were printed in the name of ‘Sree Rakthakanda Navarathri Sanghataka Samithi’ and collected funds from the devotees for various stage programmes. In order to substantiate the said fact, Ext.R1(a) letter dated 30.09.2022 and Ext.R1(b) receipt dated 04.10.2022
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W.P.(C)No.14306 of 2023
are placed on record. The document marked as Ext.R1(h) is a copy of the order dated 29.03.2023 of the 2nd respondent Devaswom Commissioner, whereby the Deputy Devaswom Commissioner, Pathanamthitta was directed to conduct an enquiry with regard to the allegations raised against the 4th respondent Sub Group Officer of Omallur Sree Rakthakanda Swamy Mahakshethram. The document marked as Ext.R1(i) is a copy of a letter dated 12.04.2023 of the 3rd respondent Assistant Devaswom Commissioner, addressed to the 2nd respondent Devaswom Commissioner, seeking approval for the formation of an Ad-hoc Committee for the conduct of Navarathri Festival, 2022 in Omallur Sree Rakthakanda Swamy Mahakshethram.
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W.P.(C)No.14306 of 2023
Based on the aforesaid submission made by the learned
counsel for the petitioners, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/26/7
Temple Advisory Committee (Under Orders of Dissolution), Omallur Sree Rakthakanda Swamy Mahakshethram
President, Temple Advisory Committee
Travancore Devaswom Board
Devaswom Commissioner Travancore Devaswom Board
AD-Hoc Committee constituted in lieu of Temple Advisory Committee
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
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