Kerala High Court
The Travancore Devaswom Board, ... vs Cherthala Municipality ... on 26 August, 2022
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
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:
W.P.(C)No.31630 of 2013
4. In Travancore Devaswom Board v. Mohanan
Nair [(2013) 3 KLT 132] a Division Bench of this Court
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
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
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
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.
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
