K. V. Jayakumar, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

                  a. issue of a writ of certiorari or such other writ or order or direction quashing Exhibit. P-7 and Exhibit.P-9 order of the 3rd respondent dated 15.10.2025 14.11.2025.

                  b. issue of a writ of mandamus or such other writ or order or direction, directing the Devaswom Board to permit the petitioner to conduct the Ayyappan Vilakku scheduled to be held on 27.12.2025 in the devaswom ground of Eravipuram Sree Mahadeva temple as permitted in Exhibit.P-6 without any restriction to collect amounts from the devotees who conduct vazhipad during the ritual and direct the Devaswom Board to receive the rent from the petitioner.

2. It is stated in the Writ Petition that the petitioner is a registered Trust of Hindu devotees, namely Hindu Haindaveeyam Koottayma. The said Trust is conducting Ayyappan Vilakku Mahotsavam in the Devaswom ground of Sree Eravipuram Mahadeva Temple for the last several years. It is further stated that the 2nd respondent, Travancore Devaswom Board (TDB), used to permit the petitioner to conduct Ayyappan Vilakku in the temple ground on payment of rent.

3. The petitioner states that Vide Ext.P6 order of the Assistant Commissioner, TDB, dated 09.10.2025, permission was granted to the petitioner Trust for the conduct of Ayyappan Vilakku for the year 2025.

4. The grievance of the petitioner is that Ext.P6 order was cancelled as per the order dated 15.10.2025 (Ext.P7) without issuing a notice and affording an opportunity of being heard to the petitioner.

5. Sri. Krishnaraj, learned counsel for the petitioner submitted that Exts.P7 and P9 orders issued by the 3rd respondent are illegal, arbitrary and unreasonable. Furthermore, it is pointed out that in Ext.P6 order granting permission to conduct the Ayyappan Vilakku the Board has incorporated a condition that the petitioner shall not collect amounts from the public. It is submitted that the said condition is unreasonable, illegal and unwarranted. It is pointed out that the Devaswom Board has no power to impose a condition restraining the collection of funds from the devotees. Further, it is pointed out that the Trust used to conduct the festival by collecting amounts from the devotees. If the aforesaid condition is not lifted, it may not be possible for the petitioner Trust to conduct the Ayyappan Vilakku smoothly. According to the learned counsel for the petitioner, on the basis of Ext.P6 permission granted by the Board to conduct Ayyappan Vilakku in Eravipuram Devaswom ground, the petitioner Trust had made all the arrangements for the proper conduct of the festival. Now the Board has cancelled the permission without hearing the petitioner. Ext.P7 order invoking the permission is illegal, arbitrary, malafide and unreasonable.

6. On the other hand, Sri. G Biju, learned Standing Counsel for the TDB would submit that Ext.P6 order granting permission was withdrawn by Ext.P7 order by the Board since the Board has received certain complaints about the petitioner from the members of the Temple Advisory Committee. On the basis of the said complaints, the Board was constrained to withdraw the permission granted to the petitioner Trust. The decision of the Board is justifiable and legal and therefore, no interference from this Court is warranted.

7. We have carefully considered the rival submissions and perused the pleading and materials placed on record.

8. Ext.P6 is the communication granting permission to the petitioner for the conduct of Ayyappan Vilakku. In Ext.P6 it is stipulated that the Trust shall not collect funds from the public and the festival shall be conducted in accordance with the directions issued by the department and after remitting the prescribed fee and electricity charges. It is further stipulated that after the conclusion of the festival, the temple ground shall be properly cleaned.

9. The reason stated in Ext.P7 for the cancellation of Ext.P6 permission is that a complaint was received from the Temple Advisory Committee dated 14.10.2025. Ext.P8 is a letter dated 15.10.2025 written by some members of the Temple Advisory Committee of Eravipuram Temple stating that they have no complaint with regard to the conduct of Ayyappan Vilakku in the temple grounds on 27.12.2025. Moreover, it is stated that the Ayyappan Vilakku should be conducted according to the custom in a befitting manner. Eight members of the Temple Advisory Committee subscribed their signature in Ext.P9 letter addressed to the Assistant Commissioner.

10. From the records, we find that the petitioner Trust has conducted the Ayyappan Vilakku in the years 2023 and 2024, as evident from Exts.P1 to P4 documents.

11. According to the learned counsel for the petitioner, Ayyappan Vilakku, scheduled to be held on 27.12.2025 is a private programme of the petitioner. The Devaswom Board has no role in the performance of the said ceremony. Furthermore, the transaction is essentially a license. The Board is the licensor/granter and the petitioner is the licensee. The contract of license on payment of consideration of floor rent cannot be unilaterally revoked and that too, without issuing notice or hearing the affected parties. The reason stated for the revocation of the license is also not true in view of Ext.P8 communication sent by the members of the Temple Advisory Committee.

12. Before we proceed further, it would be useful to extract Sections 52 to 54 of the Indian Easement Act:

                  “52. “License” defined.—Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

                  53.     Who may grant license.—A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.

                  54.     Grant may be express or implied.—The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.” In the case on hand, the TDB has made an express grant to the petitioner Trust to conduct the ritual Ayyappan Vilakku, in their temple ground on payment of license fee.

13. Admittedly, Ext.P6 permission granted by the Board was revoked by Ext.P7 order of the Board without issuing any notice and without affording an opportunity of being heard to the petitioner Trust. Once permission is granted to the petitioner Trust, they most certainly would have acted upon the same and made arrangements for the conduct of the Ayyappan Vilakku. In such circumstances, the unilateral withdrawal of permission or license, especially in violation of the principles of natural justice, is arbitrary, unreasonable, and unjustifiable. Whether the conduct of the Ayyappan Vilakku constitutes a customary right or whether it is a private programme as contended by the petitioner Trust are disputed questions of fact. It may not be proper for this Court to adjudicate these disputed questions of fact while exercising equitable jurisdiction under Article 226 of the Constitution of India.

14. Therefore, we deem it appropriate to set aside Ext. P7 order passed by the Board and to remit the matter back to the Board for fresh consideration. The Travancore Devaswom Board shall reconsider the matter after hearing the petitioner Trust, Temple Advisory Committee and other affected parties and shall make a decision as expeditiously as possible.

                  The petitioner Trust can seek appropriate civil remedy for establishing its right, if so advised. The Writ Petition is disposed of as above.