IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 26th day of August 2022 / 4th Bhadra, 1944
WP(C) NO. 31630 OF 2013(C)
PETITIONER:
THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY
NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY
RESPONDENTS:
1. CHERTHALA MUNICIPALITY CHERTHALA, REPRESENTED BY THE SECRETARY
688524
2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant Ext.P8, pending disposal
of the Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
10-08-2022 and upon hearing the arguments of SRI.BIJU G, Advocate for the
petitioner and of SRI.JOBY CYRIAC, STANDING COUNSEL for R1, the court
passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C)No.31630 of 2013
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Dated this the 26th day of August, 2022
ORDER
Anil K. Narendran, J.
This writ petition relates to the demand for property tax by Cherthala Municipality in respect of Building No.208A in Ward No.14 of Cherthala Municipality. The said building was constructed as the auditorium of Sree Karthiyayini Devi Temple, Cherthala, a temple under the management of the Travancore Devaswom Board.
2. On 10.08.2022, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought adjournment to place on record few photographs of the auditorium in question.
3. Today, when this case is taken up for consideration, the learned Standing Counsel has made available for the perusal of this Court few photographs of the said building. The learned Standing Counsel would submit that the building is not being used as auditorium for quite long. The learned Standing 2 W.P.(C)No.31630 of 2013 Counsel is not in a position to offer proper explanation for non-use of the building constructed as the auditorium of Sree Karthiyayini Temple. Those photographs are extracted hereunder:
3W.P.(C)No.31630 of 2013
4. In Travancore Devaswom Board v. Mohanan Nair [(2013) 3 KLT 132] a Division Bench of this Court 4 W.P.(C)No.31630 of 2013 noticed that in A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court therefore is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957 viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings.
5. In Abu K.S. v. Travancore Devaswom Board [2022 SCC OnLine Ker 1642] [judgment dated 09.02.2022 5 W.P.(C)No.31630 of 2013 in W.P.(C) No. 2254 of 2022] a Division Bench of this Court, in which both of us were parties, was dealing with a case in which Kuthaka right for running Aymanam Sri. Narasimha- swami Auditorium (sadyalayam) constructed by the Travancore Devaswom Board was auctioned for a period of two years from 01.08.2019 to 31.07.2021, for Rs. 2,41,000/-. The average monthly income generated from the said building constructed by the Travancore Devaswom Board by spending several lakhs of rupees was only Rs. 10,000/-. Relying on the law laid down by the Apex Court in M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65] this Court held that, while auctioning the right for running that sadyalayam, the Travancore Devaswom Board and its officials have to ensure that proper income to the Board is generated from the said building. In case of any default committed by the successful bidder in remitting the balance auction amount, electricity charges or any other statutory dues payable as per the tender conditions, the concerned Assistant Devaswom Commissioner and the Sub Group Officer have to take prompt 6 W.P.(C)No.31630 of 2013 action against such bidder and the said fact has to be promptly reported to the concerned officer in the Estate Division of the Travancore Devaswom Board.
6. In T. Krishnakumar v. Cochin Devaswom Board [2022 SCC OnLine Ker 3700], a Division Bench of this Court, in which both of us were parties, held that in view of the law laid down by this Court in Abu K.S. v. Travancore Devaswom Board [2022 SCC OnLine Ker 1642], relying on the decision of the Apex Court in M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65], while leasing out the buildings owned by the Devaswoms, the Cochin Devaswom Board and its officials have to ensure that proper income is generated from the said buildings. In such transactions, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. The action of the Board as a trustee cannot be equated to that of mere landlord. The best interest of the Devaswoms under the 7 W.P.(C)No.31630 of 2013 control of the Board would be subserved only if income is generated.
7. Registry is directed to initiate suo motu proceedings regarding the non-use of the auditorium of Sree Karthiyayini Devi Temple, Cherthala and list the matter before the Devaswom Bench on 29.08.2022 at 2.00 p.m.
8. State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom Department), Government Secretariat, Thiruvananthapuram - 695 001; Travancore Devaswom Board, represented by its Secretary, Nanthancode, Kowdiar Post, Thiruvananthapuram - 695 003; Joint Director, Kerala State Audit Department, Travancore Devaswom Board Audit, Nanthancode, Thiruvananthapuram 695 003; Assistant Devaswom Commissioner, Travancore Devaswom Board, Ambalappuzha Group, Alappuzha 688 561; Sub Group Officer, Karthiyayini Devi Temple, Cherthala; and the Executive Engineer, Travancore Devaswom Board, Office of the Executive Engineer, Mavelikkara Division - 690 101 shall be made as respondents to the DBP.
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W.P.(C)No.31630 of 2013
9. Registry to issue a copy of the DBP with cause title to the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board.
List W.P(C)No.31630 of 2013 on 29.08.2022 at 2.00 p.m. Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE AV/26/8 26-08-2022 /True Copy/ Assistant Registrar