B. Maheshwaran Nair vs The Secretary on 9 June, 2025

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Kerala High Court

B. Maheshwaran Nair vs The Secretary on 9 June, 2025

The petitioners, who are devotees of Major Vellayani Devi Temple, which is a temple under the management of the 1 st respondent Travancore Devaswom Board, have filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 [sic: respondents 1 and 5], namely, the 1st respondent Travancore Devaswom Board and the 5th respondent Kerala Devaswom Recruitment Board, to conduct a proper enquiry on the selection and appointment of Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 4 to conduct a proper investigation in relation to the missing of gold nails and damages on the Thankathirumudi of the deity, changing of roof and structural alterations to Kaikkara Thekkethu and also financial source, income and expenditure for the renovation of Kaikkara Thekkethu; to conduct a proper investigation to find out the truth behind the letter produced in the proceedings before the learned Ombudsman for Travancore Devaswom Board, in the year 2001, claimed to have been issued WP(C) NO. 17211 OF 2025 4 2025:KER:40525 by the Tantri of the temple; to conduct a proper enquiry and submit a report by summoning the 6th respondent Tantri of the temple before this Court; issue a writ of certiorari to quash the proceedings leading to the issuance of appointment of the 7 th respondent as Moothavathi (Melsanthi) and the 8th respondent as Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple, including the entire proceedings for recruitment of Elayavathi and also the ranked list; and a writ of mandamus commanding the 5th respondent Kerala Devaswom Recruitment Board to publish fresh notification for recruitment of Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple and include the Tantri of the temple and such other appropriate person, who knows 'Pradesika Kaulam/Samvaram', in the interview board and conduct a fresh interview and submit all the records in relation to that selection process before this Court.

2. On 23.05.2025, when this writ petition came up for admission, the matter was adjourned, at the request of the learned counsel for the petitioners. Thereafter, the writ petition was again listed on 27.05.2025.

3. Today, when this writ petition is taken up for consideration, the petitioners have filed I.A.No.1 of 2025, seeking WP(C) NO. 17211 OF 2025 5 2025:KER:40525 an order to amend the reliefs sought for in this writ petition, as stated in that interlocutory application. The amendment sought for in I.A.No.1 of 2025 reads thus:

"(a) Relief II to be deleted and substituted as--

"To issue direction to the respondents 1 to 4 of Travancore Devaswom Board to conduct fair and proper investigation in relation to the missing gold nails and ascertain the damages to the Thankathirumudi and take necessary action against the concerned respondents."

(b) Relief III to be deleted and substituted as--

"To issue direction to the respondents 1 to 4 of Travancore Devaswom Board to conduct fair and proper investigation on the matter of changing of roof and structural alteration of Kaikkara Thekkethu, and audit income and expenditure in connection with renovation of the Kaikkara Thekkethu."

"To issue a direction to the Travancore Devaswom Board to conduct a proper investigation about the letter, claimed to be issued by the Thantri (Exhibit P16)."

(d) Relief V-No amendments and same as in the Writ.

(e) Relief VI-to be deleted and substituted as "To issue a writ of Mandamus or such other appropriate writ or order or direction commanding the Kerala Devaswom Recruitment Board, 5th respondent to publish fresh notification for the recruitment of Elayavathi of Major Vellayani Devi Temple. And also include the Temple's Thantri and such other appropriate person who knows and practicing "Pradesika Kaulam Samvaram"."

WP(C) NO. 17211 OF 2025 6 2025:KER:40525

(f) Additional prayer to be added as Relief VII -

"To issue a writ of Mandamus or such other appropriate order or direction to the Kerala Devaswom Recruitment Board, the 5th respondent to call for the records in connection to that process before this Honourable Court.

(g)Relief VII in the writ petition -- to be renumbered as Relief VIII.

(h) Relief VIII in the writ petition -- to be renumbered as Relief IX."

4. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4 and also the learned Standing Counsel for Kerala Devaswom Recruitment Board for the 5th respondent.

5. The issue that requires consideration in this writ petition is as to whether the petitioners who are the devotees of Major Vellayani Devi Temple, which is a temple under the management of the 1st respondent Travancore Devaswom Board can invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the aforesaid reliefs.

6. The reliefs sought for in the writ petition are drafted in a casual manner harbouring the notion that this Court is required to entertain writ petitions filed by the devotees of temples under the management of the Travancore Devaswom Board as a matter WP(C) NO. 17211 OF 2025 7 2025:KER:40525 of course. Reliefs (I) to (VI) sought for in the writ petition, available at page Nos.23 and 24 of the memorandum of the writ petition are not even properly worded and therefore, instead of extracting the same as such in this judgment, we have stated the reliefs originally sought for in the writ petition, in the first paragraph of this judgment, as we understood with the assistance of the learned counsel for the petitioners.

7. The issues raised in this writ petition centers around Major Vellayani Devi Temple, which is under the management of the 1st respondent Travancore Devaswom Board. The main grievance of the petitioners is against the recruitment of the 8 th respondent as Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple. The said recruitment process was pursuant to a notification dated 06.05.2020 issued by the 5th respondent Kerala Devaswom Recruitment Board, which forms part of the document marked as Ext.P20. In that recruitment process, a rank list was published by the Devaswom Recruitment Board on 19.04.2021, based on which, an advice memo was issued to the 8th respondent on 19.04.2021. Based on that advice memo, the 8th respondent was appointed as Elayavathi, by the order of appointment issued by the 1st respondent Travancore Devaswom Board and he is WP(C) NO. 17211 OF 2025 8 2025:KER:40525 continuing as such. In this writ petition filed on 25.04.2025, the petitioners are raising a belated challenge against the appointment of the 8th respondent as Elayavathi of Major Vellayani Devi Temple.

8. Another relief sought for in this writ petition is a writ of mandamus commanding respondents 1 to 4 in relation to the missing of gold nails and damages on the Thankathirumudi of the deity, changing of roof and structural alterations to Kaikkara Thekkethu and also financial source, income and expenditure for the renovation of Kaikkara Thekkethu. The issue relating to the alleged missing of gold nails and damages on the Thankathirumudi of the deity is the subject matter in W.P.(C)No.39122 of 2024, filed by one Rajesh Nair, another devotee of Major Vellayani Devi Temple. The said writ petition was one filed on 29.10.2024, in which the Travancore Devaswom Board has already filed a counter affidavit on 27.05.2025. Instead of filing a fresh writ petition on the above issue, the petitioners ought to have got themselves impleaded as additional respondents in W.P.(C)No.39122 of 2024, by filing an application for impleadment, supported by a proper affidavit. Regarding changing of roof and structural alteration of Kaikkara Thekkethu, financial source, income and expenditure for WP(C) NO. 17211 OF 2025 9 2025:KER:40525 renovation of Kaikkara Thekkethu, if the petitioners have a case that there is misappropriation, maladministration, etc., they can approach the learned Ombudsman for Travancore and Cochin Devaswom Boards, with a proper complaint, in which event, the learned Ombudsman will conduct an enquiry and submit a report before this Court on the complaint made by the devotee, which shall be numbered as a DBP and listed before the Division Bench dealing with Devaswom matters for appropriate orders.

9. Another relief sought for in this writ petition is to conduct a proper investigation to find out the truth behind the letter produced in the proceedings before the learned Ombudsman for Travancore Devaswom Board, in the year 2001, claimed to have been issued by the 6th respondent Tantri of Major Vellayani Devi Temple, and to conduct a proper enquiry after summoning the Tantri before this Court. Such reliefs sought for in this writ petition are beyond the scope of writ jurisdiction of this Court under Article 226 of the Constitution of India.

10. Another relief sought for in this writ petition is a writ of certiorari to quash the proceedings leading to the appointment of the 7th respondent as Moothavathi (Melsanthi) and the 8th respondent as Elayavathi (Keezhsanthi) of Major Vellayani Devi WP(C) NO. 17211 OF 2025 10 2025:KER:40525 Temple, including the rank list published by the 5 th respondent Devaswom Recruitment Board. The petitioners have also sought for a writ of mandamus commanding the 5th respondent Devaswom Recruitment Board to publish fresh notification for recruitment of Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple and include the Tantri of the temple and such other appropriate person, who knows 'Pradesika Kaulam/Samvaram', in the interview board and conduct a fresh interview and submit all the records in relation to that selection process before this Court.

11. The document marked as Ext.P20 is the notification dated 06.06.2020 issued by the 5th respondent Devaswom Recruitment Board for the post of Elayavathi (Keezhsanthi) of Major Vellayani Devi Temple. As already noticed hereinbefore, in this writ petition filed on 25.04.2025, the petitioners are raising a belated challenge against the appointment of the 8th respondent as Elayavathi of Major Vellayani Devi Temple. The said notification is not in respect of the post of Moothavathi (Melsanthi) of Major Vellayani Devi Temple. None of the documents placed on record would relate to the appointment of the 7th respondent as Moothavathi of Major Vellayani Devi Temple.

WP(C) NO. 17211 OF 2025 11 2025:KER:40525 In the above circumstances, we find absolutely no reason to entertain this writ petition. The writ petition is accordingly dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

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                  APPENDIX OF WP(C) 17211/2025

PETITIONERS' EXHIBITS

Exhibit P1           TRUE COPY OF THE REPRESENTATION GIVEN BY THE
                     7TH RESPONDENT DATED NIL
Exhibit P2           THE TRUE COPY OF THE PROCEEDINGS OF THE

MAINTENANCE OF THANKATHIRUMUDI AND MAHASSAR Exhibit P3 THE TRUE COPY OF ORDER NO.ROC NO.8039/19/M1 OF 3RD RESPONDENT DATED 22/3/2021 Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 7TH RESPONDENT DATED 31/12/2024 Exhibit P5 THE PHOTOGRAPH OF THE MANNARAMKALLU/ MANAKKALLU IDOL FOUND LYING IN THE PREMISES Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 7TH RESPONDENT DATED 24/08/2023 Exhibit P7 THE TRUE COPY OF THE CHARGE SHEET (KUTTAROPANA PATHRIKA) DATED 29/06/2023 Exhibit P8 THE TRUE COPY OF THE DEVASWOM COMMISSIONER'S ORDER DATED 09/10/2023 Exhibit P9 THE TRUE COPY OF THE NOTICE OF ALL KERALA VISWAKARMA VATHI ASSOCIATION Exhibit P10 THE TRUE COPY OF RELEVANT PORTION OF DUTIES AND RESPONSIBILITIES OF THE THANTRI AS PER DEVASWOM RECORDS Exhibit P11 THE TRUE COPY OF THE REPORT OF SUBGROUP OFFICER DATED 11/04/2017 Exhibit P12 THE TRUE COPY OF THE DEVASWOM VIGILANCE REPORT SUBMITTED TO HONOURABLE DEVASWOM OMBUDSMAN 14/06/2019 Exhibit P13 THE TRUE COPY OF THE RTI APPLICATION AND THE REPLY FOR THE SAME DATED 11/11/2024 Exhibit P14 THE TRUE COPY OF PHOTOGRAPH POURING WATER AND RUBBING THE THANKATHIRUMUDI Exhibit P15 TRUE COPY OF THE OF PROCEEDINGS OF THE 3RD RESPONDENT 10/06/2017 Exhibit P16 THE COPY OF THE DEVASWOM PROCEEDINGS DATED 14/03/2021 Exhibit P17 TRUE COPY OF THE RTI APPLICATION BY SIVARAJAN DATED 18/03/2024 BEFORE STATE PUBLIC INFORMATION OFFICER & ASSISTANT DEVASWOM COMMISSIONER AND THE REPLY RECEIVED, QUESTION NO.31 Exhibit P18 TRUE COPY OF THE REPLY GIVEN BY THE THANTRI DATED 24/03/2025 Exhibit P19 THE TRUE COPY OF THE AFFIDAVIT GIVEN BY VIJAYAN S (MANIYAN) DATED 20/02/2020 WP(C) NO. 17211 OF 2025 13 2025:KER:40525 Exhibit P20 THE COPY OF THE NOTIFICATION NO.721/RECRUITMENT/2019 KDRB ISSUED BY KERALA DEVASWOM RECRUITMENT BOARD DATED 6/5/2020

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