Kerala High Court
P.Chandrasekaran Pillai vs Travancore Devaswom Board - Tdb on 21 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
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
WP(C) NO.32717 OF 2023
PETITIONER:
P.CHANDRASEKARAN PILLAI, S/O PACHU PILLAI,
CHAKKOLIL, EVOOR SOUTH, KEERIKAD P.O.,
ALAPPUZHA,
PIN - 690 508
BY ADV S.KRISHNAMOORTHY
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS
SECRETARY, DEVASWOM HEADQUARTERS,
NANTHANCODE, TRIVANDRUM, PIN - 695 003
2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEADQUARTERS, NANTHANCODE,
TRIVANDRUM, PIN - 695 003
3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE
DEVASWOM BOARD,
HARIPAD GROUP,
HARIPAD P.O., ALAPPUZHA,
PIN - 690 514
4 TEMPLE ADVISORY COMMITTEE REP BY SECRETARY,
EVOOR SREE KRISHNA SWAMY TEMPLE, EVOOR,
CHEPPAD P.O., ALAPPUZHA, PIN - 690 507
5 EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR VADAKKEKKARA
HAINDAVA SAMITHI,
REP. BY THE SECRETARY,
SHYAM KUMAR, KALLORATH VEEDU, EVOOR NORTH P.O.,
ALAPPUZHA,
PIN - 690 507
6 EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR TEKKEKARA
HAINDAVA SAMITHI,
REP. BY SECRETARY PRAMOD KUMAR KUTTITHEKETHIL,
EVOOR SOUTH, KEERIKAD P.O.,
ALAPPUZHA, PIN - 690 508
2
W.P.(C)Nos.32717 & 39926 of 2023
7 EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR VADAK PADINJARE
HAINDAVA SAMITHI, REP BY SECRETARY PRASANNAN,
CHANANCHERIL VEEDU, CHEPAD P.O. ALAPPUZHA, PIN - 690
507
*Addl R8 STATE OF KERALA, REP BY SECRETARY, DEPARTMENT OF
DEVASWOMS, GOVT. SECRETARIATE, TRIVANDRUM
(IMPLEADED AS PER ORDER DATED 21.12.2023 IN I.A.NO.4
OF 2023 IN W.P.(C) No.32717 OF 2023)
BY ADVS.
HARIDAS P BIJU HARIHARAN(K/1767/1995)
SHIJIMOL M.MATHEW(K/907/2005) P.C.SHIJIN(K/397/2012)
ROSHIN MARIAM JACOB(K/1017/2011)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, ALONG WITH WP(C).39926/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C)Nos.32717 & 39926 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
WP(C) NO. 39926 OF 2023
PETITIONERS:
1 VADAKKEKKARA HAINDAVA SAMITHY, EVOOR,
EVOOR SREE KRISHNA SWAMY TEMPLE, REP BY THE SECRETARY, SHYAM
KUMAR, AGED 41 YEARS,
S/O. MOHANAN PILLAI, KALLORATH KUMARABHAVANAM, EVOOR NORTH
P.O., ALAPPUZHA., PIN - 690 507
2 TEKKEKARA HAINDAVA SAMITHY, EVOOR,
EVOOR SREE KRISHNA SWAMY TEMPLE, REPRESENTED BY ITS
SECRETARY, PRAMOD KUMAR, AGED 41 YEARS,
S/O. GOPI S., KUTTITHEKATHIL, EVOOR SOUTH, KEERIKKAD P.O.,
ALAPPUZHA, PIN - 690 508
3 VADAK PADINJARE HAINDAVA SAMITHY, EVOOR SREE KRISHNA SWAMY
TEMPLE, EVOOR, REP BY ITS SECRETARY VINOY VIJAYAN, AGED 36
YEARS, S/O. VIJAYAN NAIR, AMBIYIL KIZHAKKETHIL VEEDU, EVOOR
NORTH,
CHEPPAD P.O. ALAPPUZHA., PIN - 690 507
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY DEVASWOM
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE
THIRUVANANTHAPURAM, PIN-695 001
*CORRECTED, DESCRIPTION OF THE 1ST RESPONDENT IS SUO MOTU
CORRECTED AS 'REVENUE (DEVASWOM) DEPARTMENT' INSTEAD OF
'DEVASWOM DEPARTMENT AS PER ORDER DATED 29.11.2023., PIN - 695
001
2 TRAVANCORE DEVASWOM BOARD - TDB, REPRESENTED BY ITS SECRETARY,
DEVASWOM HEADQUARTERS, NANTHANCODE, KOWDIAR (PO) TRIVANDRUM.,
PIN - 695 003
3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM
HEADQUARTERS, NANTHANCODE, KOWDIAR (PO) TRIVANDRUM., PIN - 695
003
4 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD,
4
W.P.(C)Nos.32717 & 39926 of 2023
HARIPAD GROUP, HARIPAD P.O., ALAPPUZHA., PIN - 690 514
5 TEMPLE ADVISORY COMMITTEE, EVOOR SREE KRISHNA SWAMY TEMPLE,
REPRESENTED BY ITS SECRETARY, EVOOR, CHEPPAD P.O., ALAPPUZHA.,
PIN - 690 507
6 EVOOR SREE KRISHNA GEETHA SAMITHY EVOOR SREE KRISHNA SWAMY
TEMPLE REPRESENTED BY ITS SECRETARY, EVOOR, CHEPPAD P.O.,
ALAPPUZHA., PIN - 690 507
7 SRI K. VASUDEVAN AKA BHASI S.N. NIVAS, EVOOR SOUTH, KEERIKKAD
P.O WORKING AS THE PRESIDENT, TEMPLE ADVISORY COMMITTEE AND
EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR
SREE KRISHNA SWAMY TEMPLE, PIN - 690 508
8 D.UNNIKRISHNAN NAIR ARUN NIVAS, CHEPPAD P.O. WORKING AS THE
SECRETARY, TEMPLE ADVISORY COMMITTEE AND EXECUTIVE MEMBER OF
EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR SREE KRISHNA SWAMY
TEMPLE, PIN 690 507
9 P. SIVAPRASAD NAGAROOR PADEETTATHIL, EVOOR NORTH, CHEPPAD P.O.
WORKING AS THE VICE PRESIDENT, TEMPLE ADVISORY COMMITTEE AND
EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR
SREE KRISHNA SWAMY TEMPLE, PIN - 690 507
10 R. GOPINATHAN NAIR, SREEVALSOM, EVOOR NORTH, CHEPPAD P.O.
WORKING AS THE MEMBER OF THE TEMPLE ADVISORY COMMITTEE AND
EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR
SREE KRISHNA SWAMY TEMPLE, PIN - 690 507
11 P. CHANDRASEKARAN PILLAI, AGED 79 YEARS,
S/O PACHU PILLAI, CHAKKOLIL, EVOOR SOUTH KEERIKAD P.O.,
ALAPPUZHA., PIN - 690 508
BY ADVS.
K.S.HARIHARAPUTHRAN ARUN CHANDRAN
S. Krishnamoorthy S SNEHA ROSE(K/845/2008) P.S.ARUNA(K/866/2010)
S.RAJMOHAN - SR GOVERNMENT PLEADER ;
SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, ALONG WITH WP(C).32717/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
5
W.P.(C)Nos.32717 & 39926 of 2023
JUDGMENT
Anil K. Narendran, J.
The common issue raised in these writ petitions centers
around Evoor Sree Krishna Swami Temple, which is a temple
under the management of the Travancore Devaswom Board.
1.1. W.P.(C)No.32717 of 2023:- The petitioner, who is a
devotee of Evoor Sree Krishna Swamy Temple, which is a temple
under the management of the Travancore Devaswom Board, has
filed this writ petition under Article 226 of the Constitution of
India, seeking a writ of mandamus commanding respondents 1
to 3 to restrain all the activities and functioning of respondents 5
to 7 Haindava Samithies, especially conducting any of the
festivals in Evoor Sree Krishna Swamy Temple; a writ of
mandamus commanding respondents 1 to 3 to prohibit the
involvement of any such Samithies in the temple activities, other
than a duly constituted Temple Advisory Committee constituted
under Section 31A of the Travancore-Cochin Hindu Religious
Institutions Act, 1950; and a writ of mandamus commanding
respondents 1 to 3 to conduct an audit and vigilance inquiry
against the functioning of respondents 5 to 7 Haindava Samithies
and account all the assets acquired on behalf of Evoor Sree
Krishna Swamy Temple by the money collected from the
devotees and account the same.
W.P.(C)Nos.32717 & 39926 of 2023
1.2. Going by the averments in the writ petition, for the
last several years, there was no proper Temple Advisory
Committee in Evoor Sree Krishna Swamy Temple constituted
under Section 31A of the Act. In April 2023, the 4th respondent
Temple Advisory Committee was elected, which got approval of
the 3rd respondent Devaswom Commissioner. However, various
other Committees, including respondents 5 to 7 Haindava
Samithies are interfering with the affairs of the temple, without
any authority, and are functioning from the year 2018 onwards.
Such committees are collecting huge amounts from the devotees
and even interfering with Parakkezhunnullippu, Kodiyattu,
Thiruvulsavam, Sankrama Vallamkali, Chathurkshatham, Uriyadi,
etc. There is no seal in the receipts issued for such collections.
Respondents 5 to 7 Haindava Samithies are unauthorisedly
collecting money from the devotees. Even after the formation of
the Temple Advisory Committee of Evoor Sree Krishna Swami
Temple, respondents 5 to 7 are interfering with the temple
activities.
1.3. On 09.10.2023, when this writ petition came up for
admission, the learned Standing Counsel for Travancore
Devaswom Board took notice for respondents 1 to 3. Urgent
notice was ordered to respondents 4 to 7 by speed post,
W.P.(C)Nos.32717 & 39926 of 2023
returnable within three weeks. The learned Standing Counsel for
Travancore Devaswom Board was directed to get instructions
and file counter affidavit.
1.4. The petitioner has filed I.A.No.3 of 2023 seeking an
order to accept Exts.P6 and P7 as additional documents.
Respondents 5 to 7 have filed a counter affidavit dated
16.11.2023 opposing the reliefs sought for in this writ petition,
producing therewith Exts.R5(a) to R5(e) documents. The
petitioner has filed I.A.No.4 of 2023 seeking an order to implead
the State of Kerala, represented by the Principal Secretary to
Government of Kerala, Revenue (Devaswom) Department as
additional 8th respondent. The petitioner has filed a reply
affidavit dated 28.11.2023.
1.5 Respondents 1 to 3 have filed a counter affidavit
dated 15.12.2023 opposing the reliefs sought for in this writ
petition. Paragraphs 2 to 4 of that counter affidavit read thus;
"2. It is submitted that the Temple Advisory Committee of Evoor
Sree Krishna Swamy temple was given approval by the
Devaswom Commissioner vide order No.ROC.23072/12/N S2
dated 10.04.2023. It is pertinent to note that outside the Evoor
Sree Krishna swami temple, three kara committees are
functioning namely Evoor Vadakkekkara Haindava Samithi,
Evoor Thekkekara Haindava Samithi and Evoor Vadak Padinjare
Haindava Samithi. The Subgroup officer in his report has stated
that every year the four main festivals of the temple were
W.P.(C)Nos.32717 & 39926 of 2023
conducted by the Ulsava committee which were elected from
among the persons from the respective karas. As the ulsava
committee is still in existence in each kara, it is not practical for
the TAC to take over the responsibility and moreover with
regard to the Customary festival like Boat race (Vallam kali),
grant is provided by the Devaswom to the Kara committees.
3. It may be noted that the temple advisory committee was not
willing for conducting of Boat race which requires huge
expenses. As a result, the talks held among between the Kara
Committees and the TAC also became a failure. The indifference
of opinion is still persisting between the Kara Committees and
the TAC. During the time of the formation of the TAC, the Kara
Committee members had abstained from the meeting also. The
main festivals of the temple like Ashtami Rohini Uriyadi,
Ayillyam arising after Thiruvonam during the month of Chinjam,
Makam adiyenthiram, Karkidaka Samkrama Vallam kali, 7 th
Thirulsavam which is part of the festival, 8th Thiru ulsavam and
9th thiruulsavam are conducted by the Thiru Ulsavam Committee
accordingly. After the formation of Temple advisory committees,
the festivals were conducted by the Kara committees based on
the letter issued by the TAC during the relevant periods. Uriyadi
which is conducted as part of the Ashtami rohini festival is
conducted widespread in the three karas. For conducting the
same, vast arrangements are necessary and therefore the same
is done by each kara committees separately. In the samkrama
boat race, the main boat is roved by the three karas in
accordance to their turn.
4. It is further submitted that no complaint has been received so
far by these respondents as regarding illegal collection of funds
by the kara committees. As per Ext.P6 Circular ROC No.
3425/23/Vig. dated 08.09.2023, the temple advisory committee
with the permission of the Board is at liberty to avail their
remedy by preferring a complaint before the police, if any illegal
collection of funds are detected by any other committees. In the
instant case no such complaint is seen submitted nor produced.
W.P.(C)Nos.32717 & 39926 of 2023
The officials of the Devaswom can act against the kara
committee only if any illegal activities are done inside the
Devaswom premises. In the writ petition itself the petitioner
alleges that funds are illegally collected in the respective karas
by the kara committees. If that be so, it is the duty of the TAC
to lodge appropriate complaint and thereafter to bring the same
into the notice of these respondents. This temple, being a major
temple has its own importance for the Karas as far as the rituals
and festivals are concerned. Therefore, the subgroup has
reported that the TAC consisting of the kara committees also
would be most proper for the smooth functioning of the temple."
2. W.P.(C)No.39926 of 2023:- Respondents 5 to 7 in
W.P(C)No.32717 of 2023 have filed this writ petition seeking a
writ of certiorari to quash Ext.P7 order dated 10.04.2023 of the
3rd respondent Devaswom Commissioner, granting approval for
the Temple Advisory Committee of Evoor Sree Krishna Swamy
Temple; and a writ of mandamus commanding the 3rd
respondent Devaswom Commissioner to reconstitute the Temple
Advisory Committee of Evoor Sree Krishna Swamy Temple,
ensuring that the same is not inconsistent with the practice
prevailing and by ensuring the participation of members of the
petitioners, within a time limit to be fixed by this Court.
2.1. Going by the averments in the writ petition, the
petitioners - Haindava Samithies represent the devotees of Evoor
Sree Krishna Swamy Temple, spread across 3 karas. The temple
itself was originally owned by 3 karas. Hence, the temple
W.P.(C)Nos.32717 & 39926 of 2023
festivals can be conducted only by the participation of the
members of the Haindava Samithies. Now, a Temple Advisory
Committee has been constituted in Evoor Sree Krishan Swamy
Temple, without the members of the Haindava Samithies. The 5th
respondent Temple Advisory Committee is not functioning, and
the office bearers of that committee are running a parallel
committee and doing illegal activities. The petitioners complained
about such illegal activities. However, no action has been taken.
2.2. On 29.11.2023, when this writ petition came up for
admission, the learned Senior Government Pleader took notice
on admission for the 1st respondent State, the learned Standing
Counsel for Travancore Devaswom Board took notice on
admission for respondents 2 to 4. Urgent notice on admission by
special messenger was ordered to respondents 5 to 11.
2.3. The 11th respondent has filed a counter affidavit dated
02.12.2023, producing therewith Exts.R11(a) and R11(b)
documents. The petitioners have filed I.A.No.1 of 2023,
producing therewith Exts.P9 and P10 additional documents.
3. W.P.(C)Nos.32717 & 39926 of 2023:- On 05.12.2023,
when these writ petitions came up for consideration, this Court
passed an interim order directing the Travancore Devaswom
Board, the Assistant Commissioner and the concerned Sub-
W.P.(C)Nos.32717 & 39926 of 2023
Group Officer to take necessary steps to ensure that there is no
collection of money from the devotees of Evoor Sree Krishna
Swamy Temple in connection with any ceremonies or activities in
the temple, without prior permission granted by the Assistant
Devaswom Commissioner. Any such collections shall be made
against sealed coupons issued by the Assistant Commissioner.
4. Heard the learned counsel for the petitioners in the
respective writ petitions, the learned Senior Government Pleader
for the State and the official respondents, the learned Standing
Counsel for the Travancore Devaswom Board for the Board and
its officials and also the respective counsel for the party
respondents.
5. The issue raised in these writ petitions mainly relates
to the conduct of annual festival and other activities of Evoor
Sree Krishna Swamy Temple, which is under the management of
the Travancore Devaswom Board. The annual festival of the
temple for the year 1199 ME is scheduled to commence on
15.01.2024, for a period of ten days. In connection with the
annual festival, Parakkezhunnullippu will commence on
28.12.2023.
6. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
W.P.(C)Nos.32717 & 39926 of 2023
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.
7. 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.
8. 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.
9. Section 31A of the Act deals with the formation of the
Temple Advisory Committees. As per subsection (1) of Section
W.P.(C)Nos.32717 & 39926 of 2023
31A of the Act, a Committee for each temple in the name
'Temple Advisory Committee' (name of the temple) may be
constituted in order 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 Committee 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 Section 31A of the Act, the
Travancore Devaswom Board framed the Rules (bye-laws) for
the formation of Temple Advisory Committees in the temples
under the management of the Board, with has been approved by
this Court vide order dated 03.11.2011. in DBA No. 153 of 2009.
10. In Chandu K. v. Travancore Devaswom Board
[2021 (3) KHC 379] a Division Bench of this Court held that,
with the insertion of Section 31A to the Act the formation of
Temple Advisory Committees in temples has become statutory.
In the said decision, the Division Bench noticed that the
Travancore Devaswom Board, in exercise of the rule-making
power under clause (a) of sub-section (2) of Section 35 of the
Act, has framed rules for the formation of Temple Advisory
W.P.(C)Nos.32717 & 39926 of 2023
Committees in temples under the Travancore Devaswom Board
and this Court has approved the draft bye-laws by the order
dated 03.11.2011 in DBA No.153 of 2009.
11. In Major Vellayani Devi Temple Advisory
Committee v. State of Kerala [2023 (2) KHC 290] a Division
Bench of this Court in which one among us [Anil K. Narendran, J]
was a party held that 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 Vellayani Bhadrakali Devi Temple are performed
promptly; and to establish and maintain proper facilities in
Vellayani Bhadrakali Devi Temple 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
Vellayani Devaswom and arrange for the conduct of the daily
worship and ceremonies and of the festivals in Vellayani
Bhadrakali Devi Temple 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
W.P.(C)Nos.32717 & 39926 of 2023
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.
12. In Rajalekshmi P. v. State of Kerala [2023 (3)
KHC 491] a Division Bench of this Court in which one among us
[Anil K. Narendran, J] was a party held that, 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 Vellayani Bhadrakali Devi Temple are
performed promptly and arrange for the conduct of the daily
worship and ceremonies and of the festivals in Vellayani
Bhadrakali Devi Temple according to the usage. The Temple
Advisory Committee of the said temple, 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. In that
view of the matter, the petitioner cannot invoke the writ
jurisdiction of this Court under Article 226 of the Constitution of
India, seeking a writ of mandamus commanding the Travancore
W.P.(C)Nos.32717 & 39926 of 2023
Devaswom Board and its officials to include Kuzhithalachal and
Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in
Vellayani Sree Bhadrakali Temple, in violation of the accepted
boundary limit followed from time immemorial.
13. Clause (18) of the Rules (bye-laws) regarding the
formation of Temple Advisory Committees in the temples under
the management of Travancore Devaswom Board, which deals
with prohibitions, reads thus;
"18.നിര ോധനം
രേത്ര ഉപരേശകസമിരിര ോ, അംഗങ്ങര ോ രേത്ര സന്ദർശക ിൽ നിന്നം
രേത്രത്തിനനള്ളിൽ വച്ച് ോതരോ ന പണപി ിവനക ം നടത്തോൻ പോടില്ല.
രേരത്രോപരേശകസമിരി നതട ചനമരല് ിൽ രേത്രത്തിനനള്ളിൽ നടക്കനന്
ചടങ്ങനക തട രവേിക ിൽ പണം സമോഹ ിക്കനന്രിന് കോണിക്കവഞ്ചികര ോ,
പോത്രങ്ങര ോ തവയ്ക്ക്കോൻ പോടില്ലോത്തരോണ്. രേത്രവികസന കോ യങ്ങൾക്ക് രവണ്ടി
ഡിപ്പോർട്ട തമന്തെ അനനവോേരത്തോടനകൂടി കൂപ്പണനകൾ അച്ചടിക്കനരപോൾ
നിശ്ചിരരനക ര ഖതപ്പടനത്തി കൂപ്പണനകൾ മോത്രരമ അച്ചടിക്കോൻ പോടനള്ളൂ.
അസിസ്റ്റന്് രേവസവം കമ്മീഷണെനതട മനത്േ പരിപ്പിക്കോത്ത സീരനകൾ ോതരോ ന
കോ ണവശോല്നം പണപ്പി ിവിന് ഉപര ോഗിക്കോൻ പോടില്ല. ഇരിന് വി നദ്ധമോ
ത്പവർത്തനങ്ങൾ ത്ശദ്ധ ിൽതപ്പട്ടോൽ സോപത്തിക ത്കമരക്കടോ ി പ ിഗണിച്ച്
നില്വില്നള്ള നി മങ്ങൾ അനനസ ിച്ച് കർശന നടപടികൾ സവീക ിക്കോനനള്ള
അധികോ ം ര ോർഡിന് ഉണ്ടോ ി ിക്കനന്രോണ്. ഉപരേശകസമിരി ിതല്
ഭോ വോഹിരവത്തില്നം അംഗരവത്തില്നം ഉൾതപ്പടനന് ഒ ന വയക്തിക്ക് രനടർച്ച ോ ി
ണ്ടന കമ്മിറ്റി നതട കോല്ോവധി ിൽ കൂടനരൽ സമിരി ിൽ രനട ോൻ അർഹര
ഉണ്ടോ ി ിക്കനന്രല്ല . രി നവിരോംകൂർ രേവസവം ര ോർഡിന്തെ
ഭ ണോധികോ തത്ത നം നി ത്രണോധികോ തത്ത നം സമിരിരക്കോ, സമിരി ിതല്
അംഗങ്ങൾരക്കോ രചോേയം തചയ്യോൻ ോതരോ ന അവകോശവനം ഉണ്ടോ ി ിക്കനന്രല്ല.
രേവസവം ര ോർഡിന്തെ ഭ ണത്തില്നള്ള രേത്രത്തിതല് ഉപരേശകസമിരി ിൽ
അംഗമോ ിട്ട ള്ള ഒ ോൾക്ക് അരരകോല് വിൽ ര ോർഡ് ഭ ണത്തില്നള്ള മറ്റ്
രേത്രങ്ങ ിരല്ര ോ ഏതരങ്കില്നം സവകോ യ രേത്രങ്ങ ിരല്ര ോ
ഉപരേശകസമിരി ിരല്ോ മറ്റ ഭ ണസമിരി ിരല്ോ അംഗമോ ി ിക്കോൻ അർഹര
ഉണ്ടോ ി ിക്കനന്രല്ല." (underline supplied)
14. In Sunil Kumar C. and others v. Travancore
W.P.(C)Nos.32717 & 39926 of 2023
Devaswom Board and others [2022 (4) KHC 663] a Division
Bench of this Court in which one among us [Anil K. Narendran,
J.] was a party noticed that Clause (18) of the Rules (bye-laws)
prohibits the Temple Advisory Committee from collecting funds in
connection with any ceremonies in the temple by placing
kanikkavanchi or hundies. When coupons are printed for
development activities in the temple, with the approval of the
Department, only coupons for the specified amount shall be
printed. No receipts without the seal of the Assistant
Commissioner shall be used for collecting funds. Therefore, the
provisions under Clause (18) of the Rules (bye-laws) provide
sufficient safeguards to prevent illegal collection of funds by the
Temple Advisory Committee for development activities in a
temple. As per Clause (18), a person who is an office bearer or
member of the Temple Advisory Committee shall not be eligible
to continue as such continuously exceeding the term of two
committees.
15. In W.P.(C)No.39926 of 2023, which is one filed by
respondents 5 to 7 in W.P.(C)No.32717 of 2023, Ext.P7 order
dated 10.04.2023 of the Devaswom Commissioner granting
approval to the Temple Advisory Committee of Evoor Sree
Krishna Swamy Temple is under challenge. Though the office
W.P.(C)Nos.32717 & 39926 of 2023
bearers and one member of that Committee are arrayed as
respondents 7 to 10 in that writ petition, other members of the
Committee are not in the party array. In the absence of all the
affected parties in the party array, the petitioners in
W.P(C)No.39926 of 2023 cannot challenge Ext.P7 order in that
writ petition, invoking the writ jurisdiction of this Court under
Article 226 of the Constitution of India.
16. During the course of arguments, it is pointed out by
the learned counsel for the petitioners in W.P.(C)No.39926 of
2023 that the office bearers of the petitioners - Haindava
Samithies have submitted Ext.P3 representation dated
01.04.2023 before the learned Ombudsman, with a copy to the
3rd respondent Devaswom Commissioner. In case the petitioners
- Haindava Samithies have a legal grievance against the
constitution of the Temple Advisory Committee of Evoor Sree
Krishna Swamy Temple, it is for them to submit a proper
representation before the 2nd respondent Travancore Devaswom
Board, within a period of three weeks from the date of receipt of
a certified copy of this judgment. In which event, the 2nd
respondent shall consider the same and pass appropriate orders
thereon, after taking note of the legal and factual contentions
raised by the petitioners and also the Temple Advisory
W.P.(C)Nos.32717 & 39926 of 2023
Committee of Evoor Sree Krishna Swamy Temple, as
expeditiously as possible, at any rate, within a period of three
months.
17. In W.P.(C)No.32717 of 2023, the grievance of the
petitioner is regarding various activities of respondents 5 to 7 -
Haindava Samithies in connection with the annual festivals and
other ceremonies of Evoor Sree Krishna Swamy Temple. In view
of the statutory provisions referred to hereinbefore and the law
laid down in the decisions referred to supra, the Travancore
Devaswom Board is duty bound to see that the regular
traditional rites and ceremonies according to the practice
prevalent in Evoor Sree Krishna Swamy Temple are performed
promptly and arrange for the conduct of the daily worship and
ceremonies and of the festivals in Evoor Sree Krishna Swamy
Temple according to the usage. The Temple Advisory Committee
of Evoor Sree Krishna Swamy Temple, 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. No other
committee or organisation shall have no role in the activities and
W.P.(C)Nos.32717 & 39926 of 2023
festivals of Evoor Sree Krishna Swamy Temple. In view of the
prohibition contained in Clause (18) of the Rules (bye-laws)
regarding formation of Temple Advisory Committees in the
temples under the management of the Travancore Devaswom
Board and the law laid down by this Court in Sunil Kumar C.
and others v. Travancore Devaswom Board and others
[2022 (4) KHC 663] any collection of money from the
devotees of Evoor Sree Krishna Swamy Temple, in connection
with the annual festival or other ceremonies can only be made
by the Temple Advisory Committee of that temple, against
sealed coupons issued by the concerned Assistant Commissioner.
Therefore, any collection of money from the devotees in
connection with the annual festival of Evoor Sree Krishna Swamy
Temple of the year 1199 ME (2024) can only be made by the
Temple Advisory Committee of that temple, against sealed
coupons issued by the 3rd respondent Assistant Commissioner.
The Temple Advisory Committee or any organisation or Samithi
cannot collect any money from the devotees for performing
Vazhipadu, Parakkezhunnullippu, etc., in connection with the
annual festival of the temple. The 3rd respondent Assistant
Commissioner shall exhibit an advisory to that effect in the
temple premises, for the information of the devotees. The entire
W.P.(C)Nos.32717 & 39926 of 2023
activities of the Temple Advisory Committee in connection with
the temple festival shall be subject to audit by the audit wing of
the Travancore Devaswom Board.
With the above directions, these writ petitions are disposed
of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
ded
W.P.(C)Nos.32717 & 39926 of 2023
APPENDIX OF WP(C) 32717/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT NO.346 ISSUED BY THE 6TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE 2ND
RESPONDENT DATED 10.4.2023
Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT
TO THE DEVOTEES
Exhibit P4 TRUE COPY OF THE COMPLAINT GIVEN BY THE 4TH
RESPONDENT BEFORE THE 1ST RESPONDENT DATED 26.9.2023
Exhibit P5 TRUE COPY OF THE IN INCOME-EXPENDITURE STATEMENT,
2022 PRESENTED IN THE GENERAL BODY MEETING BY THE 5TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE CIRCULAR NO. ROC NO. 3425/23/VIG
DATED 8.9.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER DATED 12/10/2023 ISSUED BY
THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF THE NOTICE DATED 14.12.2023 ISSUED BY
SUB-GROUP OFFICER, EVOOR DEVASWOM
RESPONDENT EXHIBITS
Exhibit R5(a) TRUE COPY OF THE COMPLAINT GIVEN BY THE RESPONDENTS 5 TO
7 JOINTLY BEFORE THE LEARNED OMBUDSMAN FOR TRAVANCORE
DEVASWOM BOARD DATED 01.04.2023
Exhibit R5(b) TRUE COPY OF THE REPLY GIVEN BY THE LEARNED OMBUDSMAN IN
COMPLAINT NO. 71/2023 INDICATING TO FORWARD THE SAME FOR
DISPOSAL TO THE DEVASWOM COMMISSIONER DATED 11.04.2023
Exhibit R5(c) TRUE COPY OF THE LETTER ADDRESSED TO N.S.S.KARYOGAM NO.
847 BY THE 4TH RESPONDENT DATED 7.07.2023
Exhibit R5(c)(1) TRUE COPY OF THE LETTER ADDRESSED TO VISWA KARMA SAMITHI
BY THE 4TH RESPONDENT DATED 07.07.2023
Exhibit R5(c)(2) TRUE COPY OF THE LETTER ADDRESSED TO KALAKETTU SAMITHI
BY THE 4TH RESPONDENT DATED 07.07.2023
Exhibit R5(c)(3) TRUE COPY OF THE LETTER ADDRESSED TO S.N.D.P. SAKHAYOGAM
NO. 290 BY THE 4TH RESPONDENT DATED
Exhibit R5(d) TRUE COPY OF THE LETTER ADDRESSED TO THE S.N.D.P.
SAKHAYOGAMNO.290 BY THE 4TH RESPONDENT DATED 07.11.2023
Exhibit R5(d)(1) TRUE COPY OF THE LETTER ADDRESSED TO THE N.S.S.
KARAYOGAMNO.847 BY THE 4TH RESPONDENT DATED 07.11.2023
Exhibit R5(d)(2) TRUE COPY OF THE LETTER ADDRESSED TO THE VISWAKARAMA
SERVICE SOCIETY BRANCH NO. 85 BY THE 4TH RESPONDENT
W.P.(C)Nos.32717 & 39926 of 2023
DATED 07.11.2023
Exhibit R5(d)(3) TRUE COPY OF THE LETTER ADDRESSED TO THE K.P.M.S.
NO.1385 BY THE 4TH RESPONDENT DATED 07.11.2023
Exhibit R5(d)(4) TRUE COPY OF THE LETTER ADDRESSED TO K.T.M.S. BY THE 4TH
RESPONDENT DATED 07.11.2023
Exhibit R5(e) TRUE COPY OF THE RELEVANT EXTRACT OF THE LOCAL LETTER
DELIVERY BOOK SHOWING THE RECEIPT OF GRANT FROM DEVASWOM
BOARD DATED NIL
Exhibit R4(a) TRUE COPY OF THE LETTER ROC NO. 23072/12/NS2 ISSUED BY
THE THEN DEPUTY COMMISSIONER DATED 21/5/2014
Exhibit R4(b) TRUE COPY OF THE REPORT NO. 664 OF THE ASSISTANT
DEVASWOM COMMISSIONER, HARIPAD DATED 7/4/2023
Exhibit R4(c) TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE DEPUTY
DEVASWOM COMMISSIONER DATED 10/4/2023
Exhibit R4(d) TRUE COPY OF THE LETTER DATED 15.9.2023 ADDRESSED TO THE
DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD
W.P.(C)Nos.32717 & 39926 of 2023
APPENDIX OF WP(C) 39926/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS OF THE RESPONDENTS 7,9
AND 10 LEADING PROCESSION CONDUCTED BY THE GEETHA
SAMITHY IN CONNECTION WITH BHAGAVATHA SAPTHAHA YANJAM
CONDUCTED BY THEM
Exhibit P2 TRUE COPY OF THE PHOTOGRAPH OF ONE OF SUCH HUNDI
DISTRIBUTED BY THE 6TH RESPONDENT
Exhibit P3 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONERS
JOINTLY BEFORE THE LEARNED OMBUDSMAN FOR TRAVANCORE
DEVASWOM BOARD DATED 01.04.2023
Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE LEARNED OMBUDSMAN
IN COMPLAINT NO. 71/2023 INDICATING TO FORWARD THE
SAME FOR DISPOSAL TO THE DEVASWOM COMMISSIONER DATED
11.04.2023
Exhibit P5 TRUE COPY OF THE LETTER ADDRESSED TO N.S.S. KARYOGAM
NO. 847 BY THE 4TH RESPONDENT DATED 7.07.2023
Exhibit P5(a) TRUE COPY OF THE LETTER ADDRESSED TO VISWA KARMA
SAMITHY BY THE 4TH RESPONDENT DATED 07.07.2023
Exhibit P5(b) TRUE COPY OF THE LETTER ADDRESSED TO KALAKETTU
SAMITHY BY THE 4TH RESPONDENT DATED 07.07.2023
Exhibit P5(c) TRUE COPY OF THE LETTER ADDRESSED TO S.N.D.P.
SAKHAYOGAM NO. 290 BY THE 4TH RESPONDENT DATED NIL
Exhibit P6 TRUE COPY OF THE LETTER ADDRESSED TO THE S.N.D.P.
SAKHAYOGAM NO.290 BY THE 4TH RESPONDENT DATED
07.11.2023
Exhibit P6(a) TRUE COPY OF THE LETTER ADDRESSED TO THE N.S.S.
KARAYOGAM NO.847 BY THE 4TH RESPONDENT DATED
07.11.2023
Exhibit P6(b) TRUE COPY OF THE LETTER ADDRESSED TO THE VISWAKARAMA
SERVICE SOCIETY BRANCH NO. 859 BY THE 4TH RESPONDENT
DATED 07.11.2023
Exhibit P6(c) TRUE COPY OF THE LETTER ADDRESSED TO THE K.P.M.S.
NO.1385 BY THE 4TH RESPONDENT DATED 07.11.2023
Exhibit P6(d) TRUE COPY OF THE LETTER ADDRESSED TO K.T.M.S. BY THE
4TH RESPONDENT DATED 07.11.2023
Exhibit P7 TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE 3RD
RESPONDENT DATED 10.04.2023
Exhibit P8 TRUE COPY OF THE NOTIFICATION ROC 1809/09/NS DATED
30.11.2023
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE SUB GROUP
OFFICER IN CHARGE, EVOOR DEVASWOM DATED 14.12.2023
W.P.(C)Nos.32717 & 39926 of 2023
Exhibit P10 TRUE COPY OF THE MINUTES OF THE MEETING DATED
17.12.2023
RESPONDENT EXHIBITS
Exhibit R11(b) TRUE COPY OF THE REPORT NO. 664 OF ASSISTANT DEVASWOM
COMMISSIONER, HARIPAD, DATED 7/4/2023
Exhibit R11(a) TRUE COPY OF THE INCOME AND EXPENDITURE STATEMENT
PUBLISHED BY THE 2ND PETITIONER
Exhibit - R6(c) A TRUE COPY OF THE REQUEST PREFERRED BY GEETHA
SAMITHY TO THE EVOOR SUB GROUP OFFICER, TRAVANCORE
DEVASWOM BOARD DATED 28.07.2021
Exhibit - R6(a) TRUE COPY OF THE REQUEST PREFERRED BY THE PRESIDENT,
EVOOR SREE KRISHNA GEETHA SAMITHY TO THE DEVASWOM
BOARD DATED 20.08.1989
Exhibit - R6(b) TRUE COPY OF THE COMPLAINT PREFERRED BY THE EVOOR
SREE KRISHNA GEETHA SAMITHY TO THE EVOOR SUB GROUP
OFFICER, TRAVANCORE DEVASWOM BOARD DATED 06.07.2021
Exhibit - R6(d) TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT
COMMISSIONER PERMITTING RESPONDENT SAMITHY TO HOST
KATHAKALI FOR THE YEAR 2021 DATED 18.08.2021
Exhibit - R6(e) TRUE COPY OF THE ORDER ISSUED BY 4TH RESPONDENT
COMMISSIONER PERMITTING RESPONDENT SAMITHY TO HOST
SAPTHAHAYAJNAM FOR THE YEAR 2021 DATED 24.08.2021
