Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 28TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944 WP(C) NO. 18721 OF 2019 PETITIONER/S:
1 SAJEEV, AGED 37 YEARS S/O.SASIDHARAN NAIR, POOVALLY, MUTTOM P.O., PALLIPPAD VILLAGE, HARIPPAD, ALAPPUZHA DISTRICT, PIN-690511. 2 ABHILASH, AGED 24 YEARS S/O.SATHEESAN, MEENATHERIL, LEKSHAM VEEDU, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN-690511. 3 RANJEEV K.R., AGED 30 YEARS S/O.RAVEENDRAN, KOYITHARAYIL, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN-690511. 4 DIVYARAJ D., AGED 33 YEARS LAKSHMI SADANAM, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN-690511. 5 RENJITH S., AGED 35 YEARS S/O.SURENDRAN, NOORATTATHU, PADEETATHINGAL, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN- 690511. BY ADV D.SAJEEV
RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY.
3 THE DEVASWOM COMMISSIONER, DEVASWOM COMMISSIONER OFFICE, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695001. 4 THE DEPUTY DEVASWOM COMMISSIONER, OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, HARIPPAD, ALAPPUZHA DISTRICT, PIN-690514. 5 T.S.SATHEESHKUMAR, MADHURAPURI, NADUVATTOM P.O., PALLIPPAD, HARIPPAD, ALAPPUZHA-690512. 6 M.MADHU, VEERAVANATHUNDIL, KOTTAKKAKAM, MUTTOM P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN-690511.
OTHER PRESENT: SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Anil K. Narendran, J.
The petitioners, who are the devotees of Sree Manakkattu Devi Temple, Pallippad, in Alappuzha District, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to assume the management of Sree Marakkattu Devi Temple, invoking Sections 37 of the Travancore-Cochin Hindu Religious Institutions Act, 1950; a writ of mandamus commanding the 3 rd respondent to exercise the power of superintendence in the management of Sree Manakkattu Devi Temple and its assets, including properties, buildings and fixed assets; a writ of mandamus commanding respondents 1 and 2 to take immediate arrangements through the 4th respondent to supervise the day to day affairs of Sree Manakkattu Devi Temple, including poojas, festivals, etc. and to constitute a Temple Advisory Committee of the devotees, under the supervision of Travancore Devaswom Board, rejecting any special claim by Karayogams or any committee constituted by them; a writ of mandamus commanding the respondents 2 & 3 to consider and pass appropriate orders in the matters set forth in Ext.P7 notice and
order assumption of management of Sree Manakkattu Devi
Temple, as expeditiously as possible.
2. On 23.07.2019 when this writ petition came up for admission, it was ordered to be posted when moved again.
3. Today when this matter is taken up for consideration,
the learned counsel for the petitioners would submit that the petitioners do not want to prosecute this writ petition further and therefore, the same may be dismissed as withdrawn. Recording 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 Dxy APPENDIX OF WP(C) 18721/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF APPENDIX XII - LIST OF GRANT IN AID DEVASWOMS. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF PROCLAMATION ISSUED ON 9TH JULY 1946. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE COVENANT IN THE HINDU RELIGIOUS ENDOWMENTS ACT (ACT III OF 1079). EXHIBIT P4 TRUE COPY OF THE LETTER DATED 03.04.2018 ISSUED BY THE VILLAGE OFFICER, PALLIPPAD. EXHIBIT P5 TRUE COPY OF THE LETTER NO.19/18 DATED 17.04.2018 ISSUED BY THE VILLAGE OFFICER, PALLIPPAD.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF AUDIT
REPORT OF SREE MANAKKATTU DEVASWOM
DURING THE PERIOD 01.12.2013 TO31.10.2016. EXHIBIT P7 TRUE COPY OF THE LEGAL NOTICES DATED 15.05.2018 ISSUED TO THE 1ST AND 2ND RESPONDENTS. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 23.07.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 04.09.2018 IN W.P.(C) NO.28996 OF 2018 OF THIS HON'BLE COURT. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 29.05.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE 2ND RESPONDENT.