Thankamoni. K vs Travancore Devaswom Board
2021 Latest Caselaw 5841 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                    &

                 THE HONOURABLE MR. JUSTICE K.HARIPAL

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.1172 OF 2021(V)


PETITIONER:

               THANKAMONI. K
               AGED 65 YEARS
               S/O. KUTTANPILLAI NADAR,
               MALAMTHAOTTATH, PUTHEN VEEDU,
               KARUMANOOR, NEDUVANVILA,
               PARASSALA P.O, THIRUVANANTHAPURAM

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SMT.D.S.THUSHARA

RESPONDENTS:

      1        TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY ITS SECRETARY,
               NANTHANCODE,
               THIRUVANANTHAPURAM 695 003

      2        THE COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD,
               REPRESENTED BY ITS SECRETARY,
               NANTHANACODE,
               THIRUVANANTHAPURAM,
               PIN 695 003

      3        THE SUB GROUP OFFICER,
               TRAVANCORE DEVASWOM, PARASSALA SUB GROUP,
               PARASSALA MAHADEVAL TEMPLE,
               THIRUVANANTHAPURAM DISTRICT, PIN 695 502

      4        THE TEMPLE ADVISORY COMMITTEE,
               KARUMANOOR MAVELI KANDAN,
               SREE DHARMASASTHA TEMPLE, KARUMANOOR, NEDUVANVILA,
               PARASSALA,
               THIRUVANANTHAPURAM 695 502
               REPRESENTED BY ITS PRESIDENT.
 WP(C).No.1172 OF 2021(V)    2

      5      KAITHAN (PAZHANI) SECRETARY,
             THE TEMPLE ADVISORY COMMITTEE,
             SREE. MAVELI KANDAN DHARMASASTHA TEMPLE,
             KARUMANOOR, NADUVAN VILA, PARASSALA,
             THIRUVANANTHAPURAM 695 502
             REPRESENTED BY ITS PRESIDENT.

             R1-R3 BY ADV. SRI.G.SANTHOSH KUMAR (P)., SC, TDB

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1172 OF 2021(V)          3




                              JUDGMENT

Ravikumar, J.

The petitioner who is a devotee of Karumanoor Mavelikandan

Sree Dharmasastha Temple, Karumanoor under the Travancore

Devaswom Board filed this writ petition seeking quashment of Ext.P6

and issuance of a writ of mandamus commanding respondents 1 to 3

to appoint an administrator for administering the affairs of the

aforesaid temple. The further prayer is for issuance of a writ of

mandamus commanding respondents 1 to 3 to constitute a Temple

Advisory Committee for administration of the said temple in terms of

Ext.P7, within a time frame fixed by this Court.

2. A perusal of the pleadings in the writ petition would

reveal that the petitioner raises various allegations against the

functioning of the Temple Advisory Committee and according to her,

for the past six years or thereabouts the same persons continue in the

Temple Advisory Committee. That apart, it is contented that the

Committee which has been in power for more than six years have not

so far submitted their accounts for auditing.

3. A counter affidavit has been filed by respondents 1 to 3. It

would reveal that the respondents refuted the contentions that there

was no election for the past six years for the purpose of constitution of

Temple Advisory Committee. They have explained the situation in

paragraph 4 of the counter affidavit. Going by the same, the present

Committee is one which came into existence on 07.05.2019. It is also

stated therein that in the area where the temple is located, there

occurred a large scale conversion of Hindus and as a result, the

number of devotee-participants in the General Body Meeting became

very meagre. In the last meeting convened for the purpose of

conducting election, only 18 Hindu devotees participated and out of

them, 13 were nominated for constituting the Committee. It appears

from the counter affidavit that according to respondents 1 to 3, there is

absolutely no basis for the allegations against the Committee. The

functioning of the Temple Advisory Committee is also a matter of

concern. Paragraph 6 therein would reveal that the Devaswom

Commissioner has already given instructions to the Assistant

Commissioner to collect the Income and Expenditure Accounts of the

Temple Advisory Committee. Conspicuously, there is no mention in

the statement with respect to the date on which such instructions were

issued and also under what circumstances, the Devaswom

Commissioner issued the same. Under normal circumstances, a

Temple Advisory Committee is supposed to submit its accounts for

auditing even without any insistence therefor, from on the part of the

Devaswom authorities. The allegation of the petitioner that for the

last six years the Income and Expenditure accounts of the Temple

Advisory Committee were not submitted for auditing, is not

specifically denied in the counter affidavit. In paragraph 6, it is

further stated that the respondents would take strict action against the

members of the Committee, if any irregularity is reported in the audit.

From the facts thus revealed together with the specific case of the

petitioner would suggest lack of proper auditing of the accounts of the

Temple Advisory Committee. Be that as it may, the fact is that the

present Committee has come into existence only on 07.05.2019. We

have adverted to the relevant averments from paragraph 4 of the

counter affidavit to explain the nature of functioning of the Temple

Advisory Committee in the Temple. The learned counsel for the

petitioner would submit that the lean attendance in the meeting of the

Committee for constituting the Temple Advisory Committee was due

to the failure on the part of the Devaswom authorities in giving proper

publicity for the meeting. As noticed herein before, lastly election to

the Committee was held on 07.05.2019 and therefore, the term of the

said Committee would expire on 06.05.2021.

4. Taking note of the entire situations revealed from the

pleadings in the writ petition and also in the counter affidavit, we are

of the view that the very purpose of the constitution of the Temple

Advisory Committees as envisaged under Section 31A of the

Travancore Cochin Hindu Religious Institutions Act, 1950 could not

be achieved, if the Devaswom authorities are not taking appropriate

steps to ensure the participation of Hindu devotees in the affairs of the

Temple concerned. Since the election is to be conducted immediately

before the expiry of the term of the present Committee, we are of the

view that the Administrative Officer of the Temple in question shall be

directed to put up a notice in the notice board of the Temple to the

effect that Hindu devotees desirous to be enrolled as a devotee of the

said temple can apply therefor, in terms of Clause 3 of the Notification

bearing No. ROC-1809/09/NS dated 30.11.2011 issued by the

Travancore Devaswom Board. Needless to say that one could become

a registered devotee, only if he is entitled to such a membership in

terms of the provisions under Clause 3 therein. In such

circumstances, there will be a direction to the Administrative Officer

of the Temple to issue a notice for the aforesaid purpose, within two

weeks from the date of receipt of a copy of this judgment.

5. The Sub Group Officer/Administrative Officer shall also

take steps, before conducting the election in terms of Ext.P7, to bring

the date of convening of the meeting to conduct election to the Temple

Advisory Committee to the notice of the members appropriately so as

to ensure that in the meeting to constitute next Temple Advisory

Committee, sufficient number of Hindu devotees are participating.

6. As relates the allegation regarding the failure on the part

of the Temple Advisory Committee holding the office for the past six

years for submitting their accounts for auditing, we are of the view

that the Devaswom Commissioner has to take strict steps as stated in

paragraph 6. He must ensure that the Assistant Devaswom

Commissioner to whom strict instructions were given in that regard,

i.e., to collect the Income and Expenditure Accounts of the Temple

Advisory Committee for the purpose of submitting to Audit

Department, is complying with the same. Needless to say that in case,

the Committee which is now in office as also the previous

Committees fail to submit the accounts for auditing, even after the

aforesaid direction and the consequential action from the part of the

Assistant Devaswom Commissioner concerned, strict action shall be

taken against such Committees, in accordance with law, without fail

and expeditiously. In such eventuality, action taken report shall also be

filed before this Court. Such a report shall be filed on or before

06.08.2021.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

DCS/19.02.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL BROCHURE PUBLISHED IN THE YEAR

EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND THE OTHER DEVOTEES BEFORE THE 2ND RESPONDENT DATED 17-01-2020

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 17-2-2020 IN WRIT PETITION NO. 4427/2020

EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 19-11-2020

EXHIBIT P7 TRUE COPY OF THE GUIDELINES NO. ROC 1809/09/NS PUBLISHED BY THE TRAVANCORE DEVASWOM BOARD, REGARDING THE FORMATION OF TAC DATED 30-11-2011