AI Structured Summary
Not yet generated for this judgment
Judgment
K. V. Jayakumar, J.
The petitioners are the Chairman and the Convenor of the “Chovva Sree Maha Siva Kshethram Sheeveli Nada Pandal Nirmana Committee” (hereinafter referred to as ‘the Committee’). The said Committee approached this Court seeking to quash Ext.P6 order of the Commissioner, Malabar Devaswom Board, whereby the Commissioner has ordered the termination of the functioning of the Committee.
The petitioners state that Chovva Sree Maha Siva Kshethram is a notified Temple under the Chirakkal Kovilakam Devaswom in Kannur District, coming under the supervisory control of the Malabar Devaswom Board. A Committee was formed in the said Temple for the construction of the ‘Sheeveli Nada Pandal'. The tenure of the Committee was fixed as one year from 10.12.2024. Ext.P1 is the copy of the proceedings by which the Committee consisting of 101 members was approved by the Commissioner.
The said Committee has started collection of funds for the purpose of the construction of Sheeveli Nada Pandal and the funds were deposited in the Mele Chovva Branch of State Bank of India, as per the direction of the 5th respondent, the Executive Officer.
The term of the said Committee expired on 09.12.2025. It is contended that the Committee could not complete the construction for reasons beyond its control. They have submitted Ext. P2 request before the Board seeking extension of the tenure for a further period of one year.
The petitioners further contended that subsequent to the expiry of the original term, on 20.06.2026 the Board issued an order accepting the plan as well as the estimate for an amount of ₹1,12,00,000/-. Ext. P3 is the proceedings of the Commissioner accepting the plan and the estimate for the construction. According to the petitioners, clause 7 of Ext.P3 contains a stipulation that if the construction is not over within the tenure of the Committee, the Committee shall apply and obtain approval for the extension of the tenure.
The petitioners further contended that on 15.08.2026, the Committee had submitted Ext. P4 reminder to the Board for the consideration of Ext.P2 extension application. According to the petitioners, they got Ext.P6 order on 29.08.2026 terminating the functioning of the Committee purportedly based on a complaint submitted by one Chandran.
It is on these assertions that the petitioners approached this Court seeking the following reliefs:
(i)Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P6 order and to quash the same.
(ii)Issue a writ of mandamus or any other appropriate writ, order or direction against the respondent No.2 or competent among the respondents No.2 to 4 to take up, consider and pass appropriate orders on Ext.P2 application for extension as expeditiously as possible with sufficient notice to the petitioners and all the parties concerned.
(iii)Issue a writ of mandamus or any other appropriate writ, order or direction against the respondent No.2 to 5 to maintain status quo with respect to the status of Chovva Sree Maha Siva Kshethram Sheeveli Nada Pandal Nirmana Committee as on 20.06.2026.
Sri. Santhosh Kumar K.C., the learned counsel appearing for the petitioners, submitted that Ext.P6 order is illegal, improper, tainted with mala fides, and violative of the principles of natural justice. The learned counsel submitted that Ext.P6 order was passed solely on the basis of a false complaint submitted by one Chandran. The learned counsel also submitted that Ext.P6 order is liable to be interfered with.
In response, Smt. R. Ranjanie, the learned Standing Counsel for the Malabar Devaswom Board, submitted that the term of the Committee expired on 09.12.2025 and the Board is not inclined to extend its tenure. The learned Standing Counsel further submitted that the Committee has not carried out any work with respect to the construction of the Sheeveli Nada Pandal. Furthermore, they have submitted the plan and estimate for approval only two months prior to the expiry of their tenure.
The learned Standing Counsel submitted that the functioning of the existing Committee was not efficient and therefore, a new Committee which is acceptable to the devotees is to be formed for the purpose of construction of the Sheeveli Nada Pandal.
We have heard the submissions of Sri. Santhosh Kumar K.C., the learned counsel appearing for the petitioners, Smt. R. Ranjanie, the learned Standing Counsel for the Malabar Devaswom Board, Sri. K.R. Sunil, the learned Special Government Pleader, and Sri. Mahesh V. Ramakrishnan, the learned counsel for the 5th respondent.
We have carefully considered the pleadings, materials placed on record and submissions advanced in the Court.
We find that the tenure of the Committee expired on 09.12.2025. From the records, we find that the Committee headed by the petitioners had not taken any effective steps for the execution and the implementation of the work. The plan and estimate were submitted at a belated stage. The inspector, who conducted the inspection to oversee the activities of the Temple, reported that the present committee is inactive. The Inspection Report would indicate that the earlier Committee had renovated the Temple, expending an amount of ₹4 Crores. The present committee has also failed to produce the accounts for audit.
Having carefully considered the submissions advanced, we find no reason to quash Ext.P6 order of the Commissioner. The Commissioner has passed Ext. P6 order after considering all the aspects of the matter. We do not find any good ground to interfere with the findings of the Commissioner. Therefore, we are of the view that the reliefs claimed in the Writ Petition cannot be granted.
Considering the facts and circumstances of the case, we deem it appropriate to dispose of this Writ Petition with a direction to the petitioners to transfer the entire funds collected by them to the account of the Devaswom forthwith. We further direct the petitioners to hand over all other assets, including cash-in-hand and the valuables, if any, to the Board forthwith. The Writ Petition is disposed of with the above directions.