Anil K. Narendran, J.

1. The Administrative Officer, Vaikom Sree Mahadeva Temple, Vazhamana Road, Vaikom, Kerala – 686 141 is suo motu impleaded as additional 7th respondent. Registry to carry out necessary corrections in the cause title. The learned Standing Counsel for the Travancore Devaswom Board enters appearance for the additional 7th respondent.

2. The petitioner, namely, Sree Vaikkathappan Annadana Trust, has filed this writ petition, seeking a writ of certiorari to quash Ext.P10 communication dated 30.05.2022 issued by the 4th respondent, Assistant Commissioner, Travancore Devaswom Board, Vaikom, and a writ of mandamus commanding the 1st respondent, Travancore Devaswom Board, to permit the petitioner Trust to restart Annadanam, as was being done for the last 30 years at Vaikom Sree Mahadeva Temple, without any interference. The petitioner has also sought for other consequential reliefs.

3. On 07.06.2022, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions. The learned Standing Counsel was also directed to make available for the perusal of this Court the files relating to the complaints made against the petitioner Trust.

4. Pursuant to that order, on 09.06.2022, the learned Standing Counsel has made available for the perusal of this Court, the relevant files. On 24.06.2022, this Court admitted this writ petition on file. The learned Standing Counsel took notice for respondents 1 to 4. Notice was ordered to the 5th respondent, through the 4th respondent Assistant Commissioner.

5. On 28.06.2022, when this case came up for consideration, the learned counsel for the petitioner was directed to serve a copy of this writ petition to Sri.P.Rajeeve, the learned Advocate Commissioner. The State of Kerala, represented by the Secretary to Government, Revenue (Devaswom) Department, was suo motu impleaded as additional 6th respondent.

6. During the pendency of this writ petition, pursuant to the directions contained in Ext.P9 order of this Court dated 06.05.2022 in W.P.(C)No.15286 of 2022, the 1st respondent Board passed order No.ROC/8850/05/NS dated 25.06.2022, which is against the petitioner Trust.

7. On 28.06.2022, a copy of the said order was made available for the perusal of this Court, by the learned Standing Counsel for Travancore Devaswom Board. The learned counsel for the petitioner submitted that the petitioner is yet to be served with a copy of that order. By the order dated 28.06.2022, the learned Standing Counsel was directed to make available for the perusal of this Court the relevant extract of the booking register for Prathal and other records regarding the conduct of Prathal. The learned Standing Counsel was directed to get instructions from the 4th respondent Assistant Commissioner on resumption of Athazha Oottu in Vaikom Sree Mahadeva Temple.

8. On 05.07.2022, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the Prathal Register of Vaikom Devaswom for the period from 01.01.2017. The particulars of Prathal for the period from 29.06.2022 till 04.07.2022 are as follows;

9. In the order dated 05.07.2022, this Court noticed that the number of devotees served with Prathal on each day is not available in the Prathal Register. It contains only the total number of devotees who offered Prathal and also the quantity of rice offered. One Para is equivalent to 10 kgs. One Para rice would be sufficient to serve Prathal to minimum 100 devotees. On 02.07.2022, 03.07.2022 and 04.07.2022 the total offering by devotees for Prathal was 10, 33 and 12 Paras, respectively. On 29.06.2022, 30.06.2022 and 01.07.2022, the total offering for Prathal was only 4, 5 and 3 Paras, respectively. Prathal at Vaikom Sree Mahadeva Temple has to be regulated in an appropriate manner, in order to ensure that there is no shortage/wastage of Prathal on any day.

10. On 05.07.2022, the learned Standing Counsel for Travancore Devaswom Board, on instructions, submitted that the 4th respondent Assistant Commissioner has already sought permission of the 3rd respondent Devaswom Commissioner, vide letter No.2102 dated 02.07.2022, to resume 'Athazha Oottu' in Vaikom Sree Mahadeva Temple, with effect from 17.07.2022. Such a request, which was made in view of the order of this Court dated 28.06.2022, is pending consideration before the Devaswom Commissioner, in which necessary orders to resume 'Athazha Oottu' with effect from 17.07.2022 will be issued within two days.

11. By the order dated 05.07.2022, this Court directed the learned Advocate Commissioner to submit an interim report on or before 09.07.2022 on the conduct of Prathal at Vaikom Sree Mahadeva Temple. Pursuant to that order, the learned Advocate Commissioner has submitted a report dated 07.07.2022, wherein it is pointed out that till the year 2005, only one devotee was permitted to offer 'Prathal vazhipadu’ on a day. Later, in consultation with the Thantri, more than one devotee was permitted to offer 'Prathal vazhipadu’ on a day, subject to the condition that the maximum quantity of rice for 'Prathal vazhipadu’ offered by all the devotees together on a day shall be 10 Para. But that condition is not being followed. Therefore, on weekend and also on festival days the quantity of 'Prathal vazhipadu prasadam’ on a day will be more than that required to serve Prathal on those days.

12. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board, the learned Senior Government Pleader and also the learned Advocate Commissioner. Despite service of notice through the 4 th respondent Assistant Commissioner, none appears for the 5th respondent.

13. The learned counsel for the petitioner Trust would submit that petitioner has already been communicated with a copy of the order dated 25.06.2022 of the 1st respondent. The petitioner proposes to challenge that order by filing a fresh writ petition. In such circumstances, this writ petition can be disposed of leaving open the legal and factual contentions raised by the petitioner Trust and without prejudice to its right to challenge that order.

14. The learned Standing Counsel for the Travancore Devaswom Board and also the learned Advocate Commissioner would submit that till the year 2005, only one devotee was permitted to offer 'Prathal vazhipadu’ on a day. Later, in consultation with the Thantri, more than one devotee was permitted to offer 'Prathal vazhipadu’ on a day, subject to the condition that the maximum quantity of rice for 'Prathal vazhipadu’ offered by all the devotees together shall be 10 para. The learned Advocate Commissioner would point out that, the condition that the maximum quantity of rice for 'Prathal vazhipadu’ offered by all the devotees together on a day shall be 10 Para is not being followed. Therefore, on weekend and also on festival days the quantity of 'Prathal vazhipadu prasadam’ on a day will be more than that required to serve Prathal on those days.

15. Having considered the submissions made at the Bar, we notice that the question as to whether there is any shortage/wastage of ‘Prathal vazhipadu prasadam’ on any day in Vaikom Sree Mahadeva Temple requires detailed consideration. Therefore, we deem it appropriate to direct the Registry to initiate suo motu proceedings based on this judgment, with the Travancore Devaswom Board represented by its Secretary; the Assistant Devaswom Commissioner, Vaikom, the Administrative Officer, Vaikom Sree Mahadeva Temple; and the Temple Advisory Committee of Vaikom Sree Mahadeva Temple, represented by its Secretary, Vazhamana Road, Vaikom, Kottayam – 686 141, as the respondents, and list the matter before the Devaswom Bench on 22.07.2022. The name of the learned Advocate Commissioner shall also be shown in the cause list.

16. In view of the order of this Court dated 28.06.2022, the 4th respondent Assistant Commissioner sought permission of the 3rd respondent Devaswom Commissioner, vide letter No.2102 dated 02.07.2022, to resume 'Athazha Oottu' in Vaikom Sree Mahadeva Temple, with effect from 17.07.2022. Today, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a copy of the communication dated 08.07.2022 of the 3rd respondent Devaswom Commissioner, whereby the 4th respondent Assistant Commissioner is informed about the decision taken by the Board to resume 'Athazha Oottu' in Vaikom Sree Mahadeva Temple, with effect from 17.07.2022.

17. Having considered the submissions made at the Bar, we deem it appropriate to direct the 4th respondent Assistant Devaswom Commissioner and also the additional 7th respondent Administrative Officer to take necessary steps to ensure that there is no shortage/wastage of ‘Prathal vazhipadu prasadam’ on any day in Vaikom Sree Mahadeva Temple. After measurement of rice for 'Prathal', which is done on the previous day after 'deeparadhana', the additional 7th respondent Administrative Officer shall exhibit the quantity of rice offered by the devotees for 'Prathal vazhipadu' on the next day in the board in front of the Oottupura and at other appropriate places, so that, in addition to the devotees who offer 'Prathal vazhipadu' and their family members, maximum number of devotees are served ‘Prathal vazhipadu prasadam’ in Vaikom Sree Mahadeva Temple and that, there is no wastage of ‘Prathal vazhipadu prasadam’ on any day. The additional 7th respondent Administrative Officer shall take necessary steps in this regard, in consultation with the Temple Advisory Committee of Vaikom Sree Mahadeva Temple and also the learned Advocate Commissioner. The 4th respondent Assistant Devaswom Commissioner or the additional 7th respondent Administrative Officer shall issue a press release regarding resumption of 'Athazha Oottu' in Vaikom Sree Mahadeva Temple with effect from 17.07.2022.

With the aforesaid directions, this writ petition is disposed, of leaving open the legal and factual contentions raised by the petitioner Trust, and without prejudice to the right of the petitioner Trust to challenge the order dated 25.06.2022 by filing a fresh writ petition, raising appropriate contentions.