Anil K. Narendran, J
1. The petitioner, namely, Thirumani Venkitapuram Sreeramaswamy Temple Advisory Committee, a Temple Advisory Committee constituted under
Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, has filed this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding the respondents to include Thirumani Venkitapuram Sreeramaswamy Temple in the 'Koodipooja' scheduled
to be held on 27.11.2021, and to perform the customary procession in terms of Ext.P2 circular dated 18.11.2008 issued by the 1st respondent
Travancore Devaswom Board.
2. On 24.11.2021, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to file
statement on behalf of the 3rd respondent. The statement filed by the learned Standing Counsel, on behalf of respondents 1 to 5, was placed on record
on 25.11.2021. The petitioner filed I.A.No.1 of 2021, seeking an order to implead the State of Kerala and also the District Collector, Kottayam as
additional respondents 6 and 7 and that application was allowed as prayed for.
3. On 25.11.2021, the learned Senior Government Pleader, on instructions, submitted that based on Annex.R1(b) request made by the 3rd respondent
Deputy Devaswom Commissioner, the additional 7th respondent District Collector has already granted permission to have nine elephants for the
'Koodipooja'. The learned Standing Counsel for Travancore Devaswom Board submitted that in view of the decision taken by the District Collector,
Thirumani Venkitapuram Sree Ramaswamy Temple can also be included in 'Koodipooja', which is scheduled to be held on 27.11.2021, to perform
customary procession in terms of Ext.P2 circular, subject to the condition that they have to procure elephant, after complying with the statutory
requirements and that, the entire expenses in this regard shall be borne by them. The learned Standing Counsel pointed out that
Sri.M.K.Muraleedharan Nair, the President of the Thirumani Venkitapuram Sree Ramaswamy Temple Advisory Committee, had participated in the
meeting held on 11.11.2021, as evidenced by Annex.R1(a) minutes, and the said fact is not disclosed in this writ petition, which is one filed by the
Temple Advisory Committee represented by its Secretary.
4. Today, when the case is taken up for consideration, the reply affidavit dated 25.11.2021 of the petitioner is placed on record.
5. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board, for respondents 1 to 5, and also the
learned Senior Government Pleader for additional respondents 6 and 7.
6. As noticed in the order dated 25.11.2021, the additional 7th respondent District Collector has already granted permission to have nine elephants for
'Koodipooja' and as such, Thirumani Venkitapuram Sreeramaswamy Temple can also be included in 'Koodipooja', which is scheduled to be held on
27.11.2021, to perform customary procession, in terms of Ext.P2 circular, subject to the condition that they have to procure elephant after complying
with the statutory requirements and that, the entire expenses in this regard shall be borne by them.
7. The learned counsel for the petitioner would submit that the petitioner Temple Advisory Committee is prepared to abide by the aforesaid conditions
to perform customary procession, in terms of Ext.P2 circular and the petitioner shall meet the entire expenses in this regard.
In such circumstances, this writ petition is disposed by recording the fact that based on the permission granted by the additional 7th respondent District
Collector, the 3rd respondent Deputy Devaswom Commissioner has included Thirumani Venkitapuram Sreeramaswamy Temple in the 'Koodipooja',
which is scheduled to be held on 27.11.2021, subject to the aforesaid conditions.
