Kerala High Court
Chirakadavu Shree Mahadeva Seva ... vs Travancore Devaswom Board on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.6887 OF 2020(I)
PETITIONERS:
1 CHIRAKADAVU SHREE MAHADEVA SEVA SANGHAM,
CHIRAKADAVU, THEKKETHU KAVALA, PONKUNNAM,
KOTTAYAM-686519, REPRESENTED BY ITS VICE
PRESIDENT (IN-CHARGE OF THE PRESIDENT),
T.P.MOHANAN PILLAI, S/O.PADMANABHA PILLA,
THAZHATHEDATHU, CHIRAKADAVU EAST,
KANJIRAPPALLY.
2 A.G.ANIL KUMAR,
MANAMPALLY HOUSE, P.O.PONKUNNAM-686506.
BY ADVS.
SRI.R.KRISHNA RAJ
SMT.E.S.SONI
SMT.KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
DEVASWOM BOARD BUILDINGS, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY-695001
2 ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, MUNDAKKAYAM-686506
3 SUB-GROUP OFFICER,
CHIRAKADAVU DEVASWOM, CHIRAKADAVU-686519
W.P.(C).6887/2020 2
4 DISTRICT COLLECTOR,
KOTTAYAM-686001
5 SUPERINTENDENT OF POLICE,
KOTTAYAM-686001
R1-3 BY SRI.G.SANTHOSH KUMAR, SC
SR.G.P.-SRI. RENIL ANTO KANDAMKULATHY-R4,5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).6887/2020 3
JUDGMENT
Ravikumar, J.
Chirakadavu Sree Mahadeva Seva Sangham along with another
filed this writ petition mainly seeking a direction to the Travancore
Devaswom Board (TDB) to conduct election to the office bearers of
the Seva Sangham without any delay by issuance of a writ of
mandamus. The said Seva Sangham is a registered organisation which
claims to have come into existence in the year 1952. The TDB took
over the said temple in the year 1962. Ext.P1 dated 13.10.2003 would
reveal that the Seva Sangham was approved as the Temple Advisory
Committee of Chirakadavu Sree Mahadeva Temple by the TDB.
Section 31A was inserted in the Travancore Cochin Hindu Religious
Institutions Act (for short, 'the Act') by Act 5 of 2007 w.e.f 2.4.2007.
It mandates for constitution of a Temple Advisory Committee in each
temple under the TDB to ensure participation of Hindu devotees.
Section 31A(3) of the Act provides that the composition of an
Advisory Committee under sub-section (1) shall be in such manner as
may be prescribed by rules made by the Board, not inconsistent with
any practice prevailing, if any. Be that as it may, the fact is that the
Seva Sangham, which was approved as the Temple Advisory
Committee under Ext.P1, continues to be functioning in the temple in
question. According to the petitioner, lastly, election was conducted to
the Seva Sangham in the year 2015. Election could not be conducted
on the expiry of the term of the lastly elected committee owing to the
then prevailing circumstances. The fact is that no election has so far
been conducted to the Seva Sangham which is recognised as TAC of
the temple, after the expiry of the term of the lastly elected
committee. It is in the said circumstances that the petitioners filed this
writ petition seeking the aforementioned prayer.
2. Heard the learned counsel for the petitioners, the learned
standing counsel appearing for TDB as also the learned Government
Pleader.
3. The indisputable position obtained from the rival pleadings is
that the first petitioner Seva Sangham is approved as the Temple
Advisory Committee of the temple in question. Further, the
undisputed position is that election was conducted to the Seva
Sangham lastly in the year 2015. Evidently, the Seva Sangham came
into existence in 1962. In the light of Ext.P1 and more particularly, in
the light of Section 31A of the Act, it cannot claim any status other
than that of a Temple Advisory Committee. The provisions under
Section 31A would reveal that it is the duty of the TDB to constitute a
Temple Advisory Committee and to conduct periodical election to the
Committee. The Committee constituted under Section 31A is also
bound to maintain the accounts and make it available for auditing. We
have also taken note of the fact that the term of the lastly elected
committee had expired long ago and fresh election was not conducted
so far only due to the circumstances prevailed in the year 2018.
Though in the counter affidavit as also in the reply affidavit, many
issues which do not actually form part of the issues raised in the main
pleadings in the writ petition arise, we do not think it necessary to go
into such questions as the only prayer in the writ petition is for
conducting election to the Seva Sangham, i.e., election to the Temple
Advisory Committee. In such circumstances, there will be a direction
to respondents 1 to 3 to take appropriate steps for conducting election
to the Seva Sangham which is the approved TAC for Chirakadavu
Sree Mahadeva Temple in accordance with the guidelines framed by
the TDB viz., ROC No.1809/09/NS dated 30.11.2011 issued based on
the directions of this Court in the order dated 10.11.2010 in DBA
No.153/2009. This shall be done expeditiously, at any rate, within a
period of two months from the date of receipt of copy of the
judgment.
Writ petition is disposed of.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 COPY OF THE ORDER OF THE DEVASWOM BOARD
DATED 13.10.2003.
EXHIBIT P2 COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 25.6.2016.
EXHIBIT P3 COPY OF THE ORDER OF THE DEVASWOM BOARD
DATED 3.8.2016.
EXHIBIT P4 COPY OF THE ORDER OF THE DISTRICT
COLLECTOR DATED 18.8.2018.
EXHIBIT P5 COPY OF THE ORDER OF THE DEVASWOM BOARD
DATED 18.8.2018.
EXHIBIT P6 COPY OF THE REPORT OF THE 2ND
RESPONDENT DATED 10.6.2019.
EXHIBIT P7 COPY OF THE AUDIT REPORT DATED
23.07.2020.
EXHIBIT P8 COPY OF THE AUDIT REPORT 23.07.2020.
EXHIBIT P9 COPY OF THE AUDIT REPORT 23.07.2020.
EXHIBIT P10 COPY OF THE STATEMENT OF ACCOUNT.
EXHIBIT P11 COPY OF THE STATEMENT OF ACCOUNT.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE ORDER DATED 31.10.2019
ISSUED BY THE 1ST RESPONDENT.
spc/
