Kerala High Court
Jayakumar J vs The State Of Kerala on 15 December, 2023
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945
W.P.(C)NO.41819 OF 2023
PETITIONERS:
1 JAYAKUMAR J.,
AGED 60 YEARS,
S/O. JANARDHANAN N., RESIDING AT KARAMEL
VADAKKATHIL VEEDU, THURUTHIKKARA P.O.,
KUNNATHOOR, KOLLAM, PIN - 690540
2 OMANAKUTTAN PILLAI B.,
AGED 60 YEARS,
S/O. BHASKARAN PILLAI, RESIDING AT ANOOP
BHAVANAM, KIDANGAYAM, KANNIMEL NORTH,
MYNAGAPPALLY P.O., KOLLAM, PIN - 690515
BY ADVS.
J.VISHNU
SAJITH KUMAR V.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT OF
KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD
HEADQUARTERS, NANATHANCODE, KAWDIAR P. O.,
THIRUVANANTHAPURAM, PIN - 695003
3 ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY GROUP,
CHAKKUVALLY, KOLLAM, PIN - 691001
W.P.(C)Nos.41819 and 42081 of 2023 2
4 THE SUB GROUP OFFICER,
TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY GROUP,
CHAKKUVALLY, KOLLAM, PIN - 691001
5 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KOLLAM, PIN - 691013
6 THE STATION HOUSE OFFICER,
SOORANAD POLICE STATION, CHAKKUVALLY, SOORANAD,
KOLLAM, PIN - 690520
7* THE CHIEF SECRETARY
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001
*ADDL. R7 IS IMPLEADED AS PER ORDER DATED
15.12.2023 IN I.A.NO.1 OF 2023
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SANTHOSH KUMAR G
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER
SRI.ASOK M.CHARIYAN, SC, KFWFB(SC-1084)
OTHER PRESENT:
SRI ASOK M.CHERIAN - ADDL. ADVOCATE GENERAL
SRI G.SANTHOSH KUMAR - STANDING COUNSEL-
TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, ALONG WITH WP(C).42081 OF 2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.41819 and 42081 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945
W.P.(C)NO.42081 OF 2023
PETITIONERS:
1 JYOTHISH C.,
AGED 42 YEARS,
S/O CHELLAPPAN, PANAMOOTIL, ERAICHIRA EAST,
SOORANAD.P.O., KOLLAM, PIN - 690522
2 ARUN GOPI G.,
AGED 33 YEARS,
S/O GOPI, ARUN VIHAR,NADUVILEMURI,
PORUVAZHY,CHATHAKULAM P.O, KOLLAM, PIN - 690520
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE (DEVASWOM) KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANATHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEADQUARTERS, NANTHANCODE, KAWDIAR P.O.,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY,
PIN - 695003
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD DEVASWOM BUILDINGS,
NANTHANCODE, KAWDIAR P.O,
W.P.(C)Nos.41819 and 42081 of 2023 4
THIRUVANANTHAPURAM, PIN - 695003
4 ASSISTANT COMMISSIONER,
TRAVANCORE DEVASWOM BOARD KARUNAGAPALLY,
KOLLAM, PIN - 690518
5 SUB GROUP OFFICER,
CHAKKUVALLY DEVASWOM SOORANAD.P.O.,
KOLLAM, PIN - 690522
*6 CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANATHAPURAM
**7 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KOLLAM -691013
ADDL.R6 & R7 IMPLEADED AS PER ORDER DATED
15.12.2023 IN I.A.NO.2 OF 2023
BY ADV SANTHOSH KUMAR G.
OTHER PRESENT:
SRI ASOK M.CHERIAN - ADDL. ADVOCATE GENERAL
SRI G.SANTHOSH KUMAR - STANDING COUNSEL-
TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, ALONG WITH WP(C).41819 OF 2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.41819 and 42081 of 2023 5
"C.R"
JUDGMENT
Anil K. Narendran, J.
The issue raised in these writ petitions relates to the conduct
of 'Nava Kerala Sadas' in the Devaswom land of Chakkuvally Sree
Parabrahma Temple, which is a temple under the management of
the Travancore Devaswom Board.
2. W.P.(C)No.41819 of 2023 is filed by two devotees of
Chakkuvally Sree Parabrahma Temple seeking a writ of certiorari
to call for the records leading to the decision taken by the 2 nd
respondent Travancore Devaswom Board allowing the conduct of
'Nava Kerala Sadas', which is scheduled to be held on 18.12.2023,
in the premises of Chakkuvally Sree Parabrahma Temple; a writ of
mandamus commanding the 1st respondent State to abstain from
holding 'Nava Kerala Sadas' in the premises of Chakkuvally Sree
Parabrahma Temple or any other temple premises; and a
declaration that the decision of the 1st respondent State and the
2nd respondent Travancore Devaswom Board to conduct 'Nava
Kerala Sadas' in the premises of Chakkuvally Sree Parabrahma
Temple is per se illegal and violative of Article 25 of the
Constitution of India.
3. W.P.(C)No.42081 of 2023 is filed by two other devotees
of Chakkuvally Sree Parabrahma Temple seeking a writ of
mandamus commanding the 2nd respondent Travancore
Devaswom Board and its officials, who are arrayed as respondents
3 to 5, not to permit the conduct of 'Nava Kerala Sadas', which is
scheduled to be held on 18.12.2023, in the compound of
Chakkuvally Sree Parabrahma Temple, which is under the
management of the Board; and a writ of mandamus commanding
the Board and its officials not to allow any activity in the premises
of Chakkuvally Sree Parabrahma Temple, which are not connected
with or arising from the worship, usages and observations of that
temple, in violation of the provisions of the Hindu Places of Worship
(Authorisation of Entry) Act, 1965 and the Rules made thereunder.
4. Going by the averments in the writ petitions,
Chakkuvally Sree Parabrahma Temple has a large compound,
which is called 'Padanilam', surrounded by a compound wall. Near
the eastern boundary and near the north-eastern corner of that
property, there are buildings in which a Central School managed
by the Board is functioning. A religious ceremony by the name
'Pandrandu vilakku' in Chakkuvally Sree Parabrahma Temple will
take place in 'Padanilam'. On the eastern side of the Padanilam,
there is Chamudeswari Devi Nada. 'Lakshadeepam' is being
conducted in 'Padanilam', by the end of 'Mandala Chirapu', which
is scheduled to be held on 27.12.2023. In order to substantiate
the said fact that 'Lakshadeepam' is being conducted in 'Padanilam',
Ext.P8 photograph is placed on record in W.P.(C)No.42081 of 2023.
After referring to various provisions in the Travancore-Cochin
Hindu Religious Institutions Act, 1950, the provisions under the
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act,
1965 and the Rules made thereunder, i.e., the Kerala Hindu Places
of Public Worship (Authorisation of Entry) Rules, 1965, the
petitioners in W.P.(C)Nos.41819 and 42081 of 2023 would contend
that an activity like 'Nava Kerala Sadas' cannot be permitted to be
conducted in the premises of Chakkuvally Sree Parabrahma
Temple. In order to substantiate the said contention, various
photographs are placed on record in both the writ petitions.
5. Along with a memo dated 13.12.2023 filed by the
learned Standing Counsel for Travancore Devaswom Board a copy
of order ROC No.13961/23/CBSE dated 11.12.2023 of the
Travancore Devaswom Board granting permission for the conduct
of 'Nava Kerala Sadas' in the ground of Chakkuvally Central School,
which is under the management of the Travancore Devaswom
Board, is placed on record. The said order reads thus;
തിരുവിത ാംകൂർ ദേവസ്വാം ദ ർഡ് പ്ര സ്ീഡിാംഗ്സ്
സ്ാം്രഹാം
വിഷയാം - സ്ി. ി.എ്.ഇ - ചക്കുവള്ളി തിരുവിത ാംകൂർ
ദേവസ്വാം ദ ർഡ് പസ്ൻ്രൽ ്കൂൾ - നവദകരള സ്േ്
നരത്തുന്നത് സ്ാം ന്ധിച്ച് ഉത്തരവ കുന്നു.
---------------------------------------------------------
ROC No.13961/23/CBSE നന്തൻദക ട്
11/12/2023
---------------------------------------------------------
രര മർശാം: ചക്കുവളളി തിരുവിത ാംകൂർ ദേവസ്വാം
ദ ർഡ് പസ്ൻ്രൽ ്കൂൾ ്രിൻസ്ിപ്പലിന്പെ 06.12.2023-
പല കത്ത്
ഉത്തരവ്
ഹു.ദകരള മുഖ്യമ്ന്തിയുാം മ്ന്തിമ രുാം രപെരുക്കുന്ന
കുന്നത്തൂർ നിദയ ജക മണ്ഡലത്തിപല നവദകരള സ്േസ്സ് 2023
ഡിസ്ാം ർ 18 ന് തിരുവിത ാംകൂർ ദേവസ്വാം ദ ർഡിനു
കീഴിലുളള ചക്കുവള്ളി പസ്ൻ്രൽ ്കൂൾ മമത നത്ത് വച്ച്
നരത്തുവ ൻ നിശ്ചയിച്ചിട്ടുള്ളത പെന്നുാം, ആയതിദലക്ക യി
എത്തുന്ന വി ഐ രി-കൾക്കുാം പര തുജനങ്ങൾക്കുാം
ഉരദയ രിക്കുന്നതിന യി ്കൂളിന് അകത്തുാം രുെത്തുമുള്ള
ദര യ്ലറ്റുകൾ ്രവർത്തനക്ഷമമ ക്കെപമന്നുാം ആവശയമ യ
ജലലഭ്യത ഉെപ്പ് വരുത്തുന്നതിന വശയമ യ നരരരികൾ
സ്വീകരിക്കൊം എന്നുാം അഭ്യർത്ഥിച്ച് കുന്നത്തൂർ നിദയ ജക
മണ്ഡലാം ദന ഡൽ ആഫീസ്െുപര കത്ത് ലഭ്യമ യിട്ടുള്ളത പെന്ന്
വിവരിച്ച് രി ്കൂൾ ്രിൻസ്ിപ്പലിന്പെ സ്ൂചന കത്ത്
ലഭ്ിച്ചിട്ടുള്ളത ണ്.
ബ ോർഡ് ഇക്കോര്യം വിശദമോയി പര്ിബശോധിച്ചു ചർച്ച ചചയ്തു
നിയമ നുസ്ൃതമുള്ള വ രക ഈര ക്കി, രരിര രിക്ക് ദശഷാം
നവദകരള സ്േസ്സ് ദന ഡൽ ആഫീസ്െുപര ഉത്തരവ േിതവത്തിൽ
മ ലിനയങ്ങൾ നീക്കാം പചയ്ത് രൂർവ്വ സ്ഥിതിയില ക്ക പമന്നുാം,
ദക്ഷ്ത ച രങ്ങൾക്ക് വിരുദ്ധമ യ ഭ്ക്ഷെ രേ ർത്ഥങ്ങൾ
ഉരദയ രിക്ക ൻ ര രിലല എന്ന വയവസ്ഥയുാം ഉൾപക്ക ള്ളിച്ച്
എ്രിപമന്് വച്ച് 2023 ഡിസ്ാം ർ 18-ന് കുന്നത്തൂർ
നിദയ ജക മണ്ഡലത്തിപല നവദകരള സ്േസ്സ് തിരുവിത ാംകൂർ
ദേവസ്വാം ദ ർഡിനു കീഴിലുളള ചക്കുവളളി പസ്ൻ്രൽ
്കൂൾ മമത നത്ത് വച്ച് നരത്തുന്നതിന് അനുമതി നൽകി
ദ ർഡുത്തരവ കുന്നു.
തിരുവിത ാംകൂർ ദേവസ്വാം ദ ർഡിന് ദവണ്ടി
പസ്്കട്ടെി
6. Along with I.A.No.2 of 2023 in W.P.(C)No.41819 of 2023
the petitioners have placed on record Exts.P11 and P12
photographs showing the erection of a pandal for 'Nava Kerala
Sadas' in the Devaswom land of Chakkuvally Sree Parabrahma
Temple and Exts.P13 and P14 aerial photographs with description
showing the layout of the temple and other buildings in the
Devaswom land. In respect of Poruvazhi Market, which is marked
in the aerial photographs, a writ petition is pending before this
Court, in which it is alleged that the said market is in the
Devaswom land.
7. On 14.12.2023, when these writ petitions came up for
consideration, this Court directed that the counter affidavit of the
District Collector, Kollam, who is the Nodal Officer for 'Nava Kerala
Sadas' shall be placed on record by today (15.12.2023). The
learned Standing Counsel for Travancore Devaswom Board was
directed to ensure that the counter affidavit on behalf of the Board
is placed on record by today, producing therewith a detailed site
plan showing the location of the temple structures and other
buildings in the Devaswom land of Chakkuvally Sree Parabrahma
Temple. In the site plan, the location of all temporary structures
that are being erected in connection with the Nava Kerala Sadas
shall also be marked.
8. A counter affidavit dated 15.12.2023 has been filed by
the Board and its officials, producing therewith Ext.R2(b) site plan
prepared by the Assistant Engineer, Travancore Devaswom Board.
The learned Government Pleader has filed a counter affidavit dated
14.12.2023 of the District Collector, Kollam, who is the Nodal
Officer for 'Nava Kerala Sadas', which is scheduled to be held on
18.12.2023, in the Devaswom land of Chakkuvally Sree
Parabrahma Temple.
9. Heard the learned counsel for the petitioners in the
respective writ petitions, the learned Additional Advocate General
for the State and official respondents and the learned Standing
Counsel for Travancore Devaswom Board for the Board and its
officials.
10. The issue that requires consideration in these writ
petitions is as to whether any interference is warranted on the
permission granted by the Travancore Devaswom Board, vide
order ROC No.13961/23/CBSE dated 11.12.2023, for conducting
'Nava Kerala Sadas' in the Devaswom land of Chakkuvally
Parabrahma Temple on 18.12.2023 at 6.00 p.m., subject to the
condition stipulated therein.
11. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
unincorporated Devaswoms and of other Hindu Religious
Endowments and Funds. As per the provisions under Section 3 of
the Act, the administration of incorporated and unincorporated
Devaswoms shall vest in the Travancore Devaswom Board.
12. As per Section 15A of the Act, it shall be the duty of
the Board to perform the following functions, namely, (i) to see
that the regular traditional rites and ceremonies according to the
practice prevalent in the religious institutions are performed
promptly; (ii) to monitor whether the administrative officials and
employees and also the employees connected with religious rites
are functioning properly; (iii) to ensure proper maintenance and
upliftment of the Hindu religious institutions; (iv) to establish and
maintain proper facilities in the temples for the devotees.
13. Section 31 of the Act deals with management of
Devaswoms. As per Section 31 of the Act, subject to the provisions
of Part I and the rules made thereunder, the Board shall manage
the properties and affairs of the Devaswoms, both incorporated,
and unincorporated as heretofore, and arrange for the conduct of
the daily worship and ceremonies and of the festivals in every
temple according to its usage.
14. Section 31A of the Act deals with the formation of the
Temple Advisory Committees. As per subsection (1) of Section 31A
of the Act, a Committee for each temple in the name 'Temple Ad-
visory Committee' (name of the temple) may be constituted in or-
der to ensure participation of Hindu devotees. As per sub-section
(2) of Section 31A, the Temple Advisory Committee constituted
under sub-section (1) may be approved by the Board. As per sub-
section (3) of Section 31A, the composition of an Advisory Com-
mittee under sub-section (1) shall be in such manner as may be
prescribed by the rules made by the Board, not inconsistent with
any practice prevailing, if any. In terms of sub-section (3) of Sec-
tion 31A of the Act, the Travancore Devaswom Board framed the
Rules for the formation of Temple Advisory Committees in the tem-
ples under the management of the Board, which has been ap-
proved by this Court vide order dated 03.11.2011 in DBA No.153
of 2009.
15. In view of the law laid down by a Division Bench of this
Court in Major Vellayani Devi Temple Advisory
Committee v. State of Kerala [2023 (2) KHC 290], in which
one among us [Anil K. Narendran, J.] was a party, in view of the
provisions of the Travancore-Cochin Hindu Religious Institutions
Act, the Travancore Devaswom Board is duty bound to see that the
regular traditional rites and ceremonies according to the practice
prevalent in the temples under its management are performed
promptly; and to establish and maintain proper facilities in the
temples under its management for the devotees. Subject to the
provisions of Part I of the Act and the Rules made thereunder, the
Board shall manage the properties and affairs of the Devaswoms
and arrange for the conduct of the daily worship and ceremonies
and of the festivals in the temples under its management
according to the usage. The Temple Advisory Committee of a
temple under the management of the Travancore Devaswom Board,
which consists of devotees who fall under the eligibility criteria
prescribed in Clause (3) of the Rules framed under sub-section (3)
of Section 31A of the Act, is duty bound to render necessary
assistance to the Board and its officials for the smooth functioning
of the temple activities and festivals according to the usage. The
law laid down by the Division Bench in Major Vellayani Devi
Temple Advisory Committee [2023 (2) KHC 290] was
reiterated in Rajalekshmi P. v. State of Kerala [2023 (3) KHC
491].
16. Along with I.A.No.1 of 2023 in W.P.(C)No.42081 of 2023,
the petitioners have placed on record Ext.P9 notice issued by the
Temple Advisory Committee of Chakkuvally Sree Parabrahma
Temple regarding Panthrandu Vilakku Maholsavam. As per that
notice, Mandala Maasacharanam in Chakkuvally Sree Parabrahma
Temple situated in Chakkuvally Padanilam, without a Sreekovil will
commence on 1st of Vrischikam (23.11.2023 till 27.12.2023). From
1st Vrischikam onwards Bhagavatha Parayanam, Panchakshari
Mantra Japam, Deepakkazhcha and Deeparadhana will be
conducted in the temple. The document marked as Ext.P10 is a
true copy of receipt No.437036, issued by the Sub Group Officer,
Chakkuvally Devaswom to one devotee by name, Satheesh
Chandran. According to the petitioners in W.P.(C)No.42081 of 2023,
the said receipt is for performing Aghanta Naama Japam, which is
going on in the temple every day from 6.00 a.m. to 7.30 p.m. In
addition to this, Ahoratra Paarayanam takes place in the temple
from 6.00 a.m to 6.00 a.m. According to the petitioners in
W.P.(C)No.42081 of 2023, Ahoratra Paarayanam in the temple will
have to be stopped if 'Nava Kerala Sadas' is permitted to be
conducted in the Padanilam. In addition to this, Aghanta Naama
Japam scheduled to be performed on 18.12.2023, as evidenced by
Ext.P10 receipt issued by the Sub Group Officer, Chakkuvally
Devaswom could not be conducted if 'Nava Kerala Sadas' is
permitted to be conducted in the Padanilam.
17. Since I.A.No.1 of 2023 in W.P.(C)No.42081 of 2023 was
filed only on 14.12.2023, the learned Standing Counsel for
Travancore Devaswom Board obtained telephonic instructions from
the Sub Group Officer, Chakkuvally Devaswom. The learned
Standing Counsel, on instructions, would submit that Ext.P10
receipt is one issued by the Sub Group Officer, Chakkuvally
Devaswom, to a devotee by name Satheesh Chandran. According
to the Sub Group Officer, the said receipt is one issued for
performing Ganapathi Homam on 18.12.2023. The learned counsel
for the petitioner would point out that the Sub Group Officer,
Chakkuvally Devaswom collected an amount of Rs.400/- from the
devotee by name Satheesh Chandran towards current charges, as
evident from Ext.P10 receipt. On a query made by this Court, the
learned Standing Counsel would submit that collection of electricity
charges is not permissible for performing Ganapathi Homam.
18. The provisions under the Travancore-Cochin Hindu
Religious Institutions Act make it explicitly clear that the role
assigned to the Travancore Devaswom Board in the administration,
supervision and control of incorporated and unincorporated
Devaswoms is that of a trustee in the management of the
properties vested in the Deity, which is bound to administer,
supervise and control incorporated and unincorporated
Devaswoms in accordance with the provisions under the said Act.
The Board and its officials are duty bound to function within the
framework of the statute, by scrupulously following the
stipulations contained therein, and acting strictly in accordance
with the settled legal principles relating to the administration of
Hindu religious trust. The Board, being a trustee in the
management of Devaswom properties, is legally bound to perform
its duties with utmost care and caution.
19. The Temple Advisory Committee constituted under
Section 31A of the Act, consisting of 'persons interested' in the
temple, as defined under clause (d) of Section 2 of the Act, is duty
bound to function within the framework of the statute by
scrupulously following the stipulations contained therein and
acting strictly in accordance with the settled legal principles
relating to the administration of Hindu religious trust. The
Committee is legally bound to perform its duties with utmost care
and caution. The Temple Advisory Committee is duty bound to
render necessary assistance to the Travancore Devaswom Board
to perform its functions enumerated in clauses (i) to (iv) of Section
15A, in relation to the temple, which includes duty to see that
regular traditional rites and ceremonies according to the practice
prevalent in the temple are performed promptly; and to establish
and maintain proper facilities in the temple for the devotees.
20. In the counter affidavit filed by the District Collector,
Kollam, who is the Nodal Officer of 'Nava Kerala Sadas', it is stated
that Nava Kerala Sadas of Kunnathur LAC is scheduled to be
conducted on 18.12.2023 at 6.00 p.m. in the ground of the
Devaswom Board Central School and it is decided to collect
petitions from 3.00 p.m. onwards. A 'Kuriyala' (a small religious
construction) is situated outside the temple boundary wall and the
same is separated with temporary barricades as part of the
construction of the Pandal for 'Nava Kerala Sadas'. The programme
in connection with the 'Nava Kerala Sadas' will not affect the poojas
or functioning of the temple or the entry of the devotees to the
temple. Further, there is no demolition of the compound wall or
any other constructions in the school or the temple premises for
'Nava Kerala Sadas'.
21. The small religious construction referred to in paragraph
4 of the counter affidavit filed by the District Collector is
Chamundeswari Devi Nada of Chakkuvally Sree Parabrahma
Temple. The fact that the proposed Pandal for 'Nava Kerala Sadas'
is only few meters away from the temple structures is not in
serious dispute. The said fact is evident from Ext.R2(b) site plan
dated 14.12.2023 of the Devaswom land of Chakkuvally Sree
Parabrahma Temple, prepared by the Assistant Engineer,
Travancore Devaswom Board, Karunagappally, produced along
with the counter affidavit filed by respondents 2 to 5 in
W.P.(C)No.42081 of 2023. As per Ext.R2(b) site plan, the pandal
of 'Nava Kerala Sadas' is about 3.6 meters away from the temple
wall (Ilamathil) enclosing the Sreekovil. Similarly, it is around
16.60 meters away from the Chamundeswary Devi Nada (sub-
shrine).
22. In the counter affidavit filed on behalf of the Travancore
Devaswom Board, it is stated that 'Nava Kerala Sadas' is a concept
of 'Cabinet on Wheels' in which the Chief Minister along with the
entire Ministers are addressing the gathering of the public,
accepting complaints from the public and resolving the same. The
said program, which is a purely public function, does not cause any
obstruction to the temple or its day-to-day activities. Therefore,
the Board has granted permission as per Ext.R2(a) order dated
11.12.2023, based on which the Assistant Devaswom
Commissioner, Karunagappally executed necessary agreement
with the Assistant Development Commissioner, Kollam on
13.12.2023 and an amount of Rs.10,620/- (including GST) has
been remitted vide receipt No.1. Apart from that an amount of
Rs.2,360/- (including GST) has also been remitted towards usage
of the school building.
23. In view of the provisions under the Travancore-Cochin
Hindu Religious Institutions Act, the role assigned to the
Travancore Devaswom Board in the administration, supervision
and control of Chakkuvally Devaswom is that of a trustee in the
management of the properties vested in the Deity, and the Board
is bound to administer, supervise and control the said Devaswom,
in accordance with the provisions under the said Act. The Board
and its officials are duty bound to function within the framework
of the statute, by scrupulously following the stipulations contained
therein, and acting strictly in accordance with the settled legal
principles relating to the administration of Hindu religious trust.
The Board, being a trustee in the management of the properties
of Chakkuvally Devaswom, is legally bound to perform its duties
with utmost care and caution.
24. We notice that the counter affidavit filed on behalf of
the Travancore Devaswom Board is silent on the daily worship,
regular traditional rites and ceremonies according to the practice
prevalent in Chakkuvally Sree Parabrahma Temple, though the
Board has a statutory duty to see that such rites, ceremonies, etc.,
according to the practice prevalent in the said temple are
performed promptly and to arrange for the conduct of the daily
worship and ceremonies and of the festivals, according to the
usage. On a query made by this Court, the learned Standing
Counsel for Travancore Devaswom Board would submit that there
is a Shanti employed by the Travancore Devaswom Board in
Chakkuvally Sree Parabrahma Temple, who is regularly performing
the pooja from 5.30 a.m. to 10.00 a.m. The learned counsel for
the petitioners in the respective writ petitions would submit that
there is Deeparadhana in the evening at Chamundeswary Devi
Nada, which according to the learned Standing Counsel for
Travancore Devaswom Board is the lighting of lamps by the
members of the Temple Advisory Committee, which takes place at
6.00 p.m.
25. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we find that while
allowing the conduct of 'Nava Kerala Sadas' in the Devaswom land
of Chakkuvally Sree Parabrahma Temple on 18.12.2023 at 6.00
p.m., vide Ext.R2(a) order dated 11.12.2023, the Travancore
Devaswom Board, which is a trustee in management of the
properties vested in the deity, which the Board is duty bound to
administer, supervise and control strictly in accordance with the
settled legal principles relating to the administration of Hindu
religious trust, failed miserably to perform its duties with utmost
care and caution. As already noticed hereinbefore, the counter
affidavit filed on behalf of the Travancore Devaswom Board is silent
on the daily worship, regular traditional rites and ceremonies
according to the practice prevalent in Chakkuvally Sree
Parabrahma Temple.
26. 'Deva' means God and 'swom' means ownership in
Sanskrit and the term 'Devaswom' denotes the property of God in
common parlance. [see: Prayar Gopalakrishnan and another
v. State of Kerala and others - 2018 (1) KHC 536]
27. In A.A. Gopalakrishnan v. Cochin Devaswom
Board [(2007) 7 SCC 482] a Three-Judge Bench of the Apex
Court held that the properties of deities, temples and Devaswom
Boards are required to be protected and safeguarded by their
trustees/ archakas/shebaits/employees. Instances are many
where persons entrusted with the duty of managing and
safeguarding the properties of temples, deities and Devaswom
Boards have usurped and misappropriated such properties by
setting up false claims of ownership or tenancy, or adverse
possession. This is possible only with the passive or active collusion
of the authorities concerned. Such acts of 'fence eating the crops'
should be dealt with sternly. The Government, members or
trustees of boards/trusts, and devotees should be vigilant to
prevent any such usurpation or encroachment. It is also the duty
of courts to protect and safeguard the properties of religious and
charitable institutions from wrongful claims or misappropriation.
28. In Travancore Devaswom Board v. Mohanan Nair
[2013 (3) KLT 132] a Division Bench of this Court noticed that
in A.A. Gopalakrishnan [(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 parents patriae will
also apply in exercising the jurisdiction.
29. In the counter affidavit filed by the District Collector,
who is the Nodal Officer of 'Nava Kerala Sadas', it is stated that the
program site is situated in Re.Survey Block No.5, Survey No.93 of
Poruvazhi Village in Kunnathur Taluk of Kollam District. As per the
revenue records, the said 2.48.96 hectors of land belongs to
'puramboke' and is now under the possession of the Travancore
Devaswom Board. Chakkuvally Sree Parabrahma Temple and the
Devaswom Board Central School are situated in the above
'puramboke' land. The school premises and the temple premises
are presently separated with a permanent boundary wall. 'Nava
Kerala Sadas' is scheduled to be conducted on the school premises
only.
30. The statement made in the counter affidavit filed by the
District Collector that 'Nava Kerala Sadas' is scheduled to be
conducted on the school premises only is factually incorrect, which
is evident from Ext.R2(b) site plan prepared by the concerned
Assistant Engineer of the Travancore Devaswom Board, which is
placed on record along with the counter affidavit filed on behalf of
the Board. As pointed out by the learned counsel for the petitioners
in W.P.(C)No.41819 of 2023, the protection of Devaswom land of
Chakkuvally Sree Parabrahma Temple was the subject matter in
W.P.(C)No.5025 and 7899 of 2010 filed by the devotees, in which
the reliefs sought for was to remove the encroachment from the
Devaswom land comprised in Survey No.478/7 (Block No.5, Re-
survey No.93) of Poruvazhi Village and Survey Nos.62/1 and 62/7
(Block No.2, Re-survey No.909/7, 910 and 914) of Sooranadu
North Village. Those writ petitions were disposed of by Ext.P9
judgment dated 11.11.2016, directing the Special Tahsildar, Land
Conservancy Unit, Travancore Devaswom Board to take necessary
steps to evict the encroachments from that land and to entrust the
properties to the Devaswom, at the earliest, within a period of one
month from the date of receipt of a certified copy of that judgment.
The very same issue was the subject matter in W.P.(C)No.33229
of 2017 and connected matters, which was disposed of by Ext.P10
judgment of this Court dated 13.03.2018 in W.P.(C)No.41819 of
2023. In such circumstances, we find no force in the contention
raised in the counter affidavit filed by the District Collector that the
land in question is puramboke land.
31. During the course of arguments, the learned counsel
for the petitioners in the respective writ petitions would place
reliance on the provisions under the Kerala Hindu Places of Public
Worship (Authorisation of Entry) Act, 1965.
32. Clause (b) of Section 2 of the Act defines 'place of public
worship' to mean a place, by whatever name known or to
whomsoever belonging, which is dedicated to, or for the benefit of,
or is used generally by, Hindus or any section or class thereof, for
the performance of any religious service or for offering prayers
therein, and includes all lands and subsidiary shrines, mutts,
devasthanams, namaskara mandapams and nalambalams,
appurtenant or attached to any such place, and also any sacred
tanks, wells, springs and water courses the waters of which are
worshipped, or are used for bathing or for worship but does not
include a 'sreekoil'.
33. In exercise of the powers conferred by Section 4 of the
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act,
1965 and in supersession of the rules published under notification
No.G.O.(Ms).No.164 Firka Development (Madras) dated
23.03.1948 in the Rules in supplement to Part I of the Fort
St.George Gazette dated 06.04.1948, the Government of Kerala
made the Kerala Hindu Places of Public Worship (Authorisation of
Entry) Rules, 1965. Rule 3 of the said Rules reads thus;
"3. The classes of persons mentioned hereunder shall not be
entitled to enter or offer worship in any place of public
worship or bathe in or use the waters of any sacred tank,
well, spring or watercourse appurtenant to a place of public
worship whether situate within or outside the precincts
thereof or any sacred place including a hill or hillock or a
road, street, or pathway which is requisite for obtaining
access to the place of public worship-
(a) Persons who are not Hindus.
(b) Women at such a time during which they are
not by custom and usage allowed to enter a
place of public worship.
(c) Persons under pollution arising out of birth or
death in their families.
(d) Drunken or disorderly persons.
(e) Persons suffering from any loathsome of
contagious disease.
(f) Persons of unsound mind except when taken for
worship under proper control and with the
permission of the executive authority of the
place of public worship concerned.
(g) Professional beggars when their entry is solely
for the purpose of begging."
34. As per Rule 5, no person shall - (i) within the premises
of any place of public worship spit, chew betel, tobacco or any
similar article, or smoke or carry with him in to the temple any
article for smoking, or (ii) take to the premises of any place of
public worship fish, eggs, meat, flesh, toddy, arrack or other
intoxicants, or any article or animal inappropriate according to the
custom usage of the place of public worship concerned, or (iii) do
any act which is opposed to custom or established usage of the
place of public worship or would tend to derogate from the purity
and cleanliness of the place of public worship and its premises.
35. As per Rule 6, no person shall interrupt the worship in
a place of public worship by loud conversations or other
demonstrations which will derogate from the solemnity or the
proper atmosphere of worship in the place of public worship. As
per Rule 8, the place of public worship and premises shall not be
used for purposes not connected with or arising from the worship,
usages and observations of such places of public worship.
36. Though the learned counsel for the petitioners in
W.P.(C)No.42081 of 2023 addressed arguments with specific
reference to the restrictions in Rule 3 of the Kerala Hindu Places of
Public Worship (Authorisation of Entry) Rules, we do not propose
to consider that contention in this proceedings, since admittedly
an educational institution with the approval of Central Board of
Secondary Education (CBSE) is functioning in the Devaswom land
of Chakkuvally Sree Parabrahma Temple. There is no boundary
wall on the western side of the school building, separating the
temple premises, from the school compound.
37. We notice that when the District Joint Director, Local
Self Government Department, Kollam submitted an application
dated 17.11.2023 before the Assistant Devaswom Commissioner,
Karunagappally seeking permission to conduct 'Nava Kerala Sadas'
in the premises of Chakkuvally Sree Parabrahma Temple, a
complaint was preferred on behalf of the devotees, which was also
forwarded to the Devaswom Commissioner, on 24.11.2023, by the
Assistant Devaswom Commissioner, for further action. However,
the said complaint finds no reference in Ext.R2(a) Board order
dated 11.12.2023, whereby permission has been granted for
conducting 'Nava Kerala Sadas' in the Devaswom land in question.
We also notice that, though in the counter affidavit filed on behalf
of the Board, it is stated that the School ground is having an extent
of 1 Acre of land and the same is situated near to the Ilamathil of
the temple, the extent of the school compound is not mentioned
in the said counter affidavit filed.
38. The learned Additional Advocate General would submit
that since the proposed site for erecting the pandal for 'Nava
Kerala Sadas' is only few meters away from the temple structures,
going by Ext.R2(b) sketch, the pandal can be shifted to another
location within the premises of Chakkuvally Sree Parabrahma
Temple.
39. In Major Vellayani Devi Temple Advisory
Committee [2023 (2) KHC 290], this Court held that politics
has no role to play in the conduct of daily worship and ceremonies
and festivals in temples. In Hindu Seva Kendram v. State of
Kerala and others [2023 (3) KHC 258], this Court held that
cultural or social activities unconnected with temple worship have
no role to play in temple festivals. In K.B.Sumodh v.
Commissioner, Cochin Devaswom Board [2023:KER:25530],
this Court held that Vadakkumnatha Kshethra Maidan
(Thekkinkadu Maidan) is a Devaswom land, which is managed by
the Cochin Devaswom Board as a trustee in management of
Devaswom property, in terms of the provisions under the
Travancore-Cochin Hindu Religious Institutions Act. There cannot
be any activity in Thekkinkadu Maidan, except in accordance with
the objects of the Trust. In G.Vysan and another v. State of
Kerala and others [2023:KER.52256], this Court held that the
temple premises cannot be used for conducting mass drill or
weaponry training by the devotees or group of persons.
40. In view of the statutory provisions in the Travancore-
Cochin Hindu Religious Institutions Act, the Kerala Hindu Placed of
Public Worship (Authorisation of Entry) Act and the Rules made
thereunder and also the law laid down in the decisions referred to
supra, the temple premises of a temple under the management of
the Travancore Devaswom Board cannot be permitted to be used
for conducting a programme like 'Nava Kerala Sadas'. While
granting permission vide Ext.R2(a) order dated 11.12.2023 for
conducting 'Nava Kerala Sadas' on 18.12.2023 in the Devaswom
land of Chakkuvally Sree Parabhrama Temple, the Travancore
Devaswom Board failed miserably to perform its statutory duties
under Sections 15A and 31 of the Act with utmost care and caution.
By granting such permission, the Board openly flouted the
prohibition contained in Rules 6 and 8 of the Kerala Hindu Places
of Public Worship (Authorisation of Entry) Rules.
In the result, these writ petitions are disposed of by setting
aside Ext.R2(a) order dated 11.12.2023 of the Travancore
Devaswom Board granting permission for conducting 'Nava Kerala
Sadas' in the Devaswom land of Chakkuvally Sree Parabrahma
Temple on 18.12.2023. The District Collector, Kollam, who is the
Nodal Officer for 'Nava Kerala Sadas' shall take immediate steps
to remove the temporary constructions made in the Devaswom
land of Chakkuvally Sree Parabrahma Temple, forthwith.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
AV/MIN
APPENDIX OF WP(C) 42081/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE NOTICE OF NAVA KERALA
SADSSU DATED NIL
EXHIBIT P-2 TRUE COPY OF THE COMPLAINT FILED BY THE
TEMPLE ADVISORY COMMITTEE TO THE
ASSISTANT COMMISSIONER, TRAVANCORE
DEVASWOM BOARD, KARUNAGAPPALLY DATED
28.11.2023
EXHIBIT P-3 TRUE COPY OF THE COMPLAINT FILED BY THE
TEMPLE ADVISORY COMMITTEE TO THE
COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM DATED 28.11.2023
EXHIBIT P-4 TRUE COPY OF THE COMPLAINT FILED BY THE
TEMPLE ADVISORY COMMITTEE TO THE SUB
GROUP OFFICER, CHAKKUVALLY DEVASWOM,
DATED 03.12.2023
EXHIBIT P- 5 TRUE COPY OF THE LETTER OF THE SUB GROUP
OFFICER DATED 03.12.2023
EXHIBIT P- 6 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY WHERE NAVA KERALA SADASSU IS
SCHEDULED TO BE HELD ON 18.12.2023
EXHIBIT P- 7 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PROPERTY WHERE NAVA KERALA SADASSU IS
SCHEDULED TO BE HELD ON 18.12.2023
EXHIBIT P- 8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
LAKSHADEEPAM DATED NIL
EXHIBIT P-9 TRUE COPY OF THE NOTICE OF THE MADALA
CHIRAP DATED NIL
EXHIBIT P-10 TRUE COPY OF THE RECEIPT NO. 437036
ISSUED BY THE TRAVANCORE DEVASWOM BOARD
TO ONE SATHEESH CHANDRAN FOR AGHANTA
NAMA YANJAM DATED NIL
RESPONDENT EXHIBITS
EXHIBIT-R2(A) TRUE COPY OF THE BOARD ORDER ROC
NO.13961/23/CBSE DATED 11/12/2023.
EXHIBIT-R2(B) TRUE COPY OF THE SITE PLAN PREPARED BY
THE ASSISTANT ENGINEER, TDB,
KARUNAGAPPALLY DATED 14/12/2023.
APPENDIX OF WP(C) 41819/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE
SCHEDULE OF NAVA KERALA SADAS PUBLISHED
ONLINE BY THE GOVERNMENT IN THE LINK
HTTPS://APP.NAVAKERALASADAS.KERALA.GOV.I
N/NAVAKERALASADAS/SCHEDULE.DO
EXHIBIT P1(A) A TRUE COPY OF THE POSTER OF THE NAVA
KERALA SADAS TO BE HELD AT CHAKUVALLY
EXHIBIT P2 A TRUE COPY OF THE SCREEN CAPTURE FROM
GOOGLE MAP OF THE AREA SURROUNDING THE
CHAKKUVALLY PARABRAHMA TEMPLE
EXHIBIT P3 A TRUE COPY OF THE SCREEN CAPTURE FROM
GOOGLE MAP SHOWING THE DISTANCE AND PATH
FROM CHAKKUVALLY PARABRAHMA TEMPLE TO
TRAVANCORE DEVASWOM BOARD CENTRAL
SCHOOL, CHAKKUVALLY
EXHIBIT P4 A TRUE COPY OF THE SCREEN CAPTURE FROM
GOOGLE MAP SHOWING THE LOCATION AND
SURROUNDINGS OF THE TRAVANCORE DEVASWOM
BOARD CENTRAL SCHOOL, CHAKKUVALLY
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT DATED
21.11.2023 SUBMITTED BEFORE THE
ASSISTANT DEVASWOM COMMISSIONER,
KARUNAGAPPALLY DEVASWOM GROUP
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED
08.12.2023 SUBMITTED BEFORE THE STATION
HOUSE OFFICER, SOORANAD POLICE STATION
EXHIBIT P7 A TRUE COPY OF THE NEWS ARTICLE
PUBLISHED IN THE KOLLAM EDITION OF THE
MATHRUBHUMI NEWSPAPER DATED 08.12.2023,
REGARDING THE PROTEST AGAINST CONDUCT OF
NAVA KERALA SADAS IN CHAKKUVALLY
PARABRAHMA TEMPLE PREMISES
EXHIBIT P8 A TRUE COPY OF THE SCREEN CAPTURE FROM
THE WEBSITE OF MADHYAM ONLINE DATED
11.12.2023 REGARDING GRANT OF PERMISSION
TO CONDUCT NAVA KERALA SADAS IN TEMPLE
PREMISES
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT OF THE
DIVISION BENCH OF THIS HON'BLE COURT IN
W.P.(C).NOS.5025 & 7899 OF 2010 DATED
11.11.2016
EXHIBIT P10 A TRUE COPY OF THE JUDGMENT OF THE
DIVISION BENCH OF THIS HON'BLE COURT IN
W.P(C)NOS.33229 OF 2017 & 5768 OF 2018 &
DBP NO.93 OF 2017 DATED 13.03.2018
RESPONDENT ANNEXURES
ANNEXURE-R2(A) TRUE COPY OF THE BOARD ORDER DATED
11/12/2023 ISSUED BY THE TRAVANCORE
DEVASWOM BOARD.
PETITIONER EXHIBITS
EXHIBIT P11 A TRUE COPY OF THE PILLARS FOR RAISING
THE PANDAL FOR HOSTING THE NAVA KERALA
SADAS, LYING AROUND IN THE TEMPLE
GROUNDS
EXHIBIT P12 A TRUE COPY OF THE PHOTOGRAPHS OF THE
COMPLETED PORTION OF THE PANDAL FOR THE
NAVA KERALA SADAS IN THE TEMPLE PREMISES
EXHIBIT P13 A TRUE COPY OF THE AERIAL PHOTOGRAPHS
WITH DESCRIPTION REVEALING THE LAYOUT OF
THE TEMPLE AND OTHER BUILDINGS AROUND
EXHIBIT P14 A TRUE COPY OF THE AERIAL PHOTOGRAPHS
WITHOUT DESCRIPTION REVEALING THE LAYOUT
OF THE TEMPLE AND OTHER BUILDINGS AROUND
RESPONDENT EXHIBITS
EXHIBIT-R2(B) TRUE COPY OF THE SITE PLAN PREPARED BY
THE ASSISTANT ENGINEER, TDB,
KARUNAGAPPALLY DATED 14/12/2023.
