Kerala High Court
Thuravoor Mahakshethra ... vs The Travancore Devaswom Board on 14 February, 2023
WP(C) No.4847/2019 1 / 16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 14th day of February 2023 / 25th Magha, 1944
WP(C) NO. 4847 OF 2019(E)
PETITIONER:
THURAVOOR MAHAKSHETHRA UPADESHAKA SAMITHY, THURAVOOR MAHAKSETHRAM,
THURAVOOR P.O., CHERTHALA, REPRESENTED BY ITS PRESIDENT, SUKUMARA
MENON.
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM , KERALA 695 003, REPRESENTED BY ITS
COMMISSIONER.
2. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM,
VAIKOM 686 141.
3. THE ADMINISTRATIVE OFFICER, THURAVOOR MAHAKSHETRAM, THURAVOOR P.O.,
CHERTHALA. 688 532.
4. THURAVOOR MAHAKSHETHRA BHAKTHAJANA SAMITHI, REG NO. 878/92 THURAVOOR
P.O., CHERTHALA , REPRESENTED BY ITS SECRETARY.
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 give a direction to the 4th respondent samithi not to alienate or
create any encumbrance over the properties covered Ext. P5 to P8 deeds and also
not to operate the bank accounts mentioned in Ext. P11 list, pending disposal
of this 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 10.02.2023
and upon hearing the arguments of M/S B.PRAMOD Advocate for the petitioner,
SHRI. G.SANTHOSH KUMAR, STANDING COUNSEL for the respondents 1 to 3, M/S.
RAAJESH S.SUBHRAMANIAN, V.R.RAJESH & RAJIT, Advocates for the respondent 4, the
court passed the following:
WP(C) No.4847/2019 2 / 16
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
W.P.(C) No.4847 of 2019, W.P.(C) No.22291 of 2021,
Cont.Case (C) No.2032 of 2021, D.B.P.No.62 of 2022
and D.B.A.No.9 of 2022
-----------------------------------------------------------
Dated this the 14th day of February, 2023
ORDER
W.P.(C)No.4847 of 2019, filed by Thuravoor
Mahakshetra Upadeshaka Samithi is one seeking a writ of
mandamus commanding respondents 1 to 3 to ensure that
the 4th respondent Thuravoor Mahakshetra Bhakthajana
Samithi hands over to the petitioner Thuravoor
Mahakshethra Upadeshaka Samithi all the assets,
valuables and properties which were created by it and also
came into its possession, forthwith. The petitioner has also
sought for a writ of mandamus commanding the 4 th
respondent Bhakthajana Samithi to handover the originals
of Exts.P5 to P8 title deeds, i.e., sale deeds bearing
Nos.263/I/2004, 461/2018, 489/I/2018 and gift deed
bearing No.217/2011 of Kuthiyathodu Sub Registrar Office
to the Upadeshaka Samithi and to put it in possession of
the properties covered by those documents. The further
WP(C) No.4847/2019 3 / 16
W.P.(C) No.4847 of 2019 and
connected cases
reliefs sought for is a writ of mandamus commanding the
4th respondent Bhakthajana Samithi to hand over to the
petitioner Upadeshaka Samithi the movables/valuables
mentioned in Ext.P9 list; a writ of mandamus commanding
the 4th respondent Bhakthajana Samithi to pay to the
petitioner Upadeshaka Samithi the entire amounts
available in the accounts in the banks mentioned in
Ext.P11 list on the date of Ext.P3 order in DBP No.52 of
2018; and a writ of mandamus commanding the 4 th
respondent Bhakthajana Samithi not to use the phrase
'Thuravoor Mahakshetram' as part of its name.
1.1. On 18.02.2019, when W.P.(C)No.4847 of 2019,
came up for admission, the learned Standing Counsel for
Travancore Devaswom Board took notice for respondents 1 to
3. Urgent notice by special messenger was ordered to the 4 th
respondent.
1.2. Respondents 1 and 2 filed a counter affidavit dated
15.05.2019 producing therewith Exts.R1(a) to R1(c)
documents. The 4th respondent Bhakthajana Samithi has filed
a counter affidavit dated 01.06.2019. Along with I.A.No.2 of
WP(C) No.4847/2019 4 / 16
W.P.(C) No.4847 of 2019 and
connected cases
2019, respondents 1 and 2 have placed on record Exts.R1(d)
to R1(f) documents. Along with I.A.No.1 of 2020, the
petitioner has placed on record Exts.P14 to P15 documents.
Respondents 1 and 2 have filed another counter affidavit
dated 30.01.2020 producing therewith Ext.R1(g) proceedings
dated 29.01.2020 of the Deputy Devaswom Commissioner
dissolving the Temple Advisory Committee in Thuravoor
Mahakshetram. The 4th respondent Bhakthajana Samithi has
filed an additional counter affidavit dated 10.02.2020
producing therewith Exts.R4(a) to R4(d) documents. On
21.06.2022, along with I.A.No.1 of 2022, the petitioner
Upadeshaka Samithi has placed on record Exts.P16 to P19
additional documents.
1.3. On 12.03.2019, when this Writ Petition came up for
consideration, the learned counsel for the petitioner submitted
that a fresh election has taken place and the Temple Advisory
Committee took charge, and that the 4 th respondent
Bhakthajana Samithi has been trying to alienate the property.
The learned counsel for the 4th respondent Bhakthajana
Samithi submitted that the said Samithi being a charitable
WP(C) No.4847/2019 5 / 16
W.P.(C) No.4847 of 2019 and
connected cases
trust, there is no such intention to alienate any of the
properties. The aforesaid submission made on behalf of the
Bhakthajana Samithi was recorded.
1.4. On 04.04.2022, when this Writ Petition came up for
consideration, during the course of arguments, on a query
made by this Court, the learned counsel for the 4th respondent
Bhakthajana Samithi submitted that the said Samithi acquired
properties covered by Exts.P5 to P7 after collecting money
from the devotees and availing loan. The property covered by
Ext.P8 is one dedicated by Smt.Gouriamma to the 4 th
respondent Bhakthajana Samithi, subject to the restrictions
contained therein.
2. In W..P.(C)No.4847 of 2019 and connected
matters, we have passed various orders during the Annual
Temple Festival of the year 2021 and also during the year
2022.
3. W.P.(C)No.22291 of 2021 is one filed by Sri.R.Siva
Prasad, who is a devotee of Thuravoor Mahakshetram seeking
a writ of certiorari to quash Ext.P14 order dated 04.10.2021
of the Assistant Devaswom Commissioner forming a festival
WP(C) No.4847/2019 6 / 16
W.P.(C) No.4847 of 2019 and
connected cases
committee for conducting annual festival in the said temple in
the year 2021. In the said Writ Petition, the petitioner has
also sought for an order directing the 4th respondent
Bhakthajana Samithi not to hold any meeting or conduct
election including the one proposed to be conducted vide
Ext.P12 notification dated 29.09.2021 and Ext.P13 notification
dated 30.09.2021; a writ of mandamus commanding
respondents 1 to 3 to ensure that the 4 th respondent
Bhakthajana Samithi does not interfere in the affairs of the
Thuravoor Mahakshetram; a writ of mandamus commanding
the 5th respondent District Registrar, Alappuzha to take up
Ext.P9 application dated 29.03.2019 and to cancel the
registration of the 4th respondent Bhakthajana Samithi.
3.1. In the said Writ Petition, we have passed a detailed
order dated 30.10.2021, which was followed by various orders
regarding the conduct of the annual festival at Thuravoor
Mahakshetram for the year 2021 and also for the year 2022.
4. Contempt Case(c) No.2032 of 2021 is one filed by
the petitioner in W.P.(C)No.22291 of 2021 against the
Administrative Officer of Thuravoor Mahakshetram alleging
WP(C) No.4847/2019 7 / 16
W.P.(C) No.4847 of 2019 and
connected cases
willful disobedience of the orders dated 20.10.2021,
21.10.2021 and 27.10.2021 in W.P.(C)No.22291 of 2021.
5. D.B.A.No.9 of 2022 wss filed by The Travancore
Devaswom Board seeking to permit the Board to complete the
renovation/reconstruction works of three Sreekovils of Durga,
Sasthavu and Yakshi at Thuravoor Mahakshetram with the
assistance of the 2nd respondent Vrischika Thiruvona Trust and
with the supervision of the committee constituted as per the
order dated 07.05.2021 in W.P.(C)No.10868 of 2021 subject
to the modification in the order dated 12.08.2021 in
R.P.No.448 of 2021, within a time frame to be fixed by this
Court.
6. D.B.P.No.62 of 2022 was initiated suo motu on the
basis of a complaint submitted by a devotee pointing out
various issues in connection with the annual festival in
Thuravoor Mahakshetram scheduled to be commenced from
17.10.2022. The complaints were mainly regarding the
auction of right to conduct various stalls and also other rights
scheduled during the period of the festival. In that D.B.P., this
Court has issued various orders regarding the conduct of
WP(C) No.4847/2019 8 / 16
W.P.(C) No.4847 of 2019 and
connected cases
auction and also other issues relating to the Temple Festival.
7. Heard the learned Senior Government Pleader, the
learned Standing Counsel for the Travancore Devaswom
Board, the learned Senior Counsel/learned counsel appearing
for the respective petitioners in Writ Petitions, the learned
counsel for Thuravoor Bhakthajana Samithi and the Temple
Advisory Committee, and also the learned counsel for the 2 nd
respondent in D.B.A.No.9 of 2022.
8. As per the order dated 12.9.2018 in D.B.P. No. 33
of 2018 this Court directed the Travancore Devaswom Board
to complete renovation/reconstruction of three Sreekovils of
Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram
within a period of six months. W.P(c) No. 10868 of 1021 was
disposed of by directing the Travancore Devaswom Board to
complete the work within one year with the assistance of
Thuravoor Mahakshetra Samithi. That judgement was
reviewed in the order dated 12.8.2021 and an eleven member
Committee was constituted to undertake the work and former
Judge of this Court Justice K.Padmanabhan Nair was
requested to supervise the work. It is in that context the
WP(C) No.4847/2019 9 / 16
W.P.(C) No.4847 of 2019 and
connected cases
Travancore Devaswom Board approached this Court by filing
D.B.A No. 9 of 2022 seeking permission to complete the
renovation/reconstruction works with the assistance of the 2 nd
respondent in D.B.A.No.9 of 2022 Vrischika Thiruvona Trust,
which is under consideration of this Court.
9. The learned counsel appearing for the petitioners in
W.P.(C) No.4847 of 2019 and the learned counsel appearing
for the 2nd respondent in D.B.A.No.9 of 2022 would submit
that the work for the renovation/reconstruction of three
Sreekovils of Durga, Sasthavu and Yekshi in Thuravoor
Mahakshetram was commenced at the instance of the
Travancore Devaswom Board. The learned Standing Counsel
for the Travancore Devaswom Board, in answer to a query
from the Court, submitted that ground clearance in the
prelude to the work in question alone is being done.
10. The learned Senior Government Pleader would
submit that D.B.A No. 9 of 2023 was filed by the Travancore
Devaswom Board without first approaching the learned
Ombudsman by placing the estimate and relevant materials
concerning the work and the mode of undertaking the work.
WP(C) No.4847/2019 10 / 16
W.P.(C) No.4847 of 2019 and
connected cases
The submission of the learned counsel appearing for the
petitioner in W.P.(C) No.4847 of 2019 is that despite
constitution of a Temple Advisory Committee in terms of the
statutory provisions, the work is proposed to be undertaken
by a different committee for which the Travancore Devaswom
Board does not have any statutory authority. In that context,
the law laid down in Sunil Kumar C. and others v.
Travancore Devaswom Board and others [2022 (4) KHC
663] is placed reliance on.
11. In that decision this Court considered the legality of
the constitution of ad hoc committees in Temples under the
management of the Travancore Devaswom Board in the light
of the provisions of the Rules framed under Section 31(3) of
the Travancore-Cochin Religious Institutions Act, 1950 for the
formation of Temple Advisory Committees, which was Ext.P1
in that case. This Court held,
"43. A reading of the provisions under Clause (21)
of Ext.P1 Rules make it explicitly clear that the said
provisions can be invoked only in the case of a
temple in which there is any practical difficulty for
the formation of a Temple Advisory Committee, in
WP(C) No.4847/2019 11 / 16
W.P.(C) No.4847 of 2019 and
connected cases
which event, the 1st respondent Board is vested
with the power to approve any other committee
functioning in that temple, considering the special
circumstances prevailing in that temple. The
provisions under Clause (21) would not enable the
1st respondent Board or the 2nd respondent
Commissioner to approve an Ad-hoc Committee, in
the place of a Temple Advisory Committee, for the
purpose of undertaking construction or repair or
renovation work in a temple."
12. We have perused the Judges' papers in R.P.No.448
of 2021 in W.P(c) No. 10868 of 1021. R.P.No.448 of 2021 was
filed by a third party pointing out that there were allegations
against Thuravoor Mahadeva Bhakthajana Samithi and the
learned Ombudsman had taken cognizance of the dubious and
anti-Temple activities of the Bhakthajana Samithi. After
considering such contentions, this Court had reconstituted the
ad hoc committee. The Secretary of the Thuravoor
Mahakshetra Bhakthajana Samithi was retained as a member
of the said committee. Now the request of the Travancore
Devaswom Board in D.B.A.No.9 of 2022 is to accord
permission to undertake the said work, through the said
WP(C) No.4847/2019 12 / 16
W.P.(C) No.4847 of 2019 and
connected cases
ad hoc committee constituted as per the orders of this Court.
13. A Temple Advisory Committee has been constituted
under Section 31A of the Travancore-Cochin Hindu Religious
Institutions Act in Thuravoor Mahakshethram. The order
constituting the present Temple Advisory Committee was
issued on 19.09.2022, and the said committee had conducted
the annual festival in Thuravoor Mahakshetram in the year
2022. Before constitution of that committee, orders
constituting the ad hoc committee was issued in W.P.(C)
No.10868 of 2021 for undertaking the construction of three
Sreekovils of Durga, Sasthavu and Yekshi, in Thuravoor
Mahakshetram. Now, the contention of the petitioners in W.P.
(C) Nos.4487 of 2019 and 22291 of 2021 is that when there is
a statutorily constituted Temple Advisory Committee, it is
inappropriate to allow another committee to involve in the
affairs of the Temple. The Travancore Devaswom Board,
however, approached this Court with an application in
D.B.A.No.9 of 2022 to grant permission to undertake the work
through the said ad hoc committee with the assistance of the
2nd respondent, Vrischika Thiruvona Trust. The learned Senior
WP(C) No.4847/2019 13 / 16
W.P.(C) No.4847 of 2019 and
connected cases
Government Pleader pointed out that the Learned
Ombudsman is yet to vet the said work and the 1 st respondent
Local Fund Audit did not get an opportunity to check financial
propriety and related matters of the work. The larger question
whether a private trust like the 2nd respondent Vrischika
Thiruvona Trust can be allowed to undertake the work is also
to be appropriately addressed.
14. In the light of the law laid down in Sunil Kumar C.
(supra) it has to be decided whether it is legal and
appropriate to undertake the work under the supervision of
the said ad hoc committee. Similarly, the other questions
mentioned hereinbefore concerning the work of
renovation/reconstruction of three Sreekovils of Durga,
Sasthavu and Yekshi in the Thuravoor Mahakshetram raised
by the parties, including the 1st respondent, Local Fund Audit
are to be resolved before according permission to commence
the work.
In such circumstances, we direct the Travancore
Devaswom Board and its officials not to commence or carry
out the renovation/reconstruction of three Sreekovils of
WP(C) No.4847/2019 14 / 16
W.P.(C) No.4847 of 2019 and
connected cases
Durga, Sasthavu and Yekshi in Thuravoor Mahakshethram
without obtaining permission from this Court.
List to 03.03.2023.
Return Judges Paper in R.P.No.448 of 2021 in W.P.(C)
No.10868 of 2021.
ANIL K. NARENDRAN, JUDGE
P.G. AJITHKUMAR, JUDGE
dkr
14-02-2023 /True Copy/ Assistant Registrar
WP(C) No.4847/2019 15 / 16
APPENDIX OF WP(C) 4847/2019
EXHIBIT P1 TRUE COPY OF THE RULES FRAMED BY THE 1ST RESPONDENT
BOARD.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN DBP NO. 52/2018.
EXHIBIT P5 TRUE COPY OF THE SALE DEED BEARING NO. 263/1/2014 OF
KUTHIATHODU S.R.O.
EXHIBIT P6 TRUE COPY OF THE SALE DEED BEARING NO. 461/2018 OF
KUTHIATHODU S.R.O.
EXHIBIT P7 TRUE COPY OF THE SALE DEED BEARING NO. 489/1/2018 OF
KUTHIATHODU S.R.O.
EXHIBIT P8 TRUE COPY OF THE GIFT DEED BEARING NO. 217/2011 OF
KUTHIYATHODU SRO.
EXHIBIT P9 TRUE COPY OF THE LIST VALUABLES IN THE POSSESSION OF
THE 4TH RESPONDENT.
EXHIBIT P 11 TRUE COPY OF THE LIST BANKS IN WHICH THE 4TH RESPONDENT
MAINTAINS ACCOUNTS
EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER FROM
THE KUTHIATHODU GRAMA PANCHAYATH.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 29.03.2018 PASSED BY THE
GOVERNMENT OF KERALA.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 27.08.2018 OF THE
GOVERNMENT OF KERALA.
Exhibit P16 TRUE COPY OF THE SALE DEED DATED 1/9/2021 BEARING
NO.914/2021 OF PATTANAKKAD SRO BY WHICH THE SAID
PROPERTY WAS PURCHASED BY THE 4TH RESPONDENT
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 7/5/2021 IN WPC
NO.10868/2021
Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 12/8/2021 IN RP
NO.448/2021
Exhibit P19 TRUE COPY OF THE MESSAGE WHICH THE 4TH RESPONDENT HAS
CIRCULATED OUT REQUESTING FOR DONATION FOR THE WORK
EXHIBIT R1(a) TRUE COPY OF THE LETTER ROC NO.22699/18/NS.2 DATED
29.03.2019 OF THE DEVASWOM COMMISSIONER.
EXHIBIT R1 TRUE COPY OF THE LETTER BEARING NO.398 DATED 23.02.2019
OF THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM TO THE
SECRETARY KUTHIATHODE GRAMA PANCHAYAT.
EXHIBIT R1(b) TRUE COPY OF THE NOTICE ROC NO.22699/18NS-2 DATED
29.03.2019 OF THE DEVASWOM COMMISSIONER TO THE
PRESIDENT OF THURAVOOR MAHAKSHETRA BAKTA JANA SAMITHY.
EXHIBIT R1(c) TRUE COPY OF THE ROC NO.22699/18/NS-2 DATED 29.03.2019
OF THE DEVASWOM COMMISSIONER TO THE SECRETARY OF
EXHIBIT R1(d) THURAVOOR MAHAKSHETRA BAKTA JANA SAMITHY.
TRUE COPY OF THE PLAINT IN O.S.NO.264/2019 PENDING
EXHIBIT R1(e) BEFORE THE MUNSIFF COURT, CHERTHALA.
TRUE COPY OF THE INJUNCTION APPLICATION FILED AS
EXHIBIT R1(f) I.A.NO.1742/2019 IN O.S.NO.264/2019 PENDING BEFORE THE
MUNSIFF COURT, CHERTHALA.
EXHIBIT R1(g) TRUE COPY OF THE LETTER BEARING NO.398 DATED 23.02.2019
OF THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM TO THE
SECRETARY KUTHIATHODE GRAMA PANCHAYAT.
TRUE COPY OF THE PROCEEDINGS NO.ROC 22699/18/NS-2 DATED
29.01.2020 OF THE DEVASWOM COMMISSIONER.
WP(C) No.4847/2019 16 / 16
EXHIBIT R4(a) A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED
30-12-1992.
EXHIBIT R4(b) A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY
THE TRAVANCORE DEVASWOM BOARD DATED 05-01-1993.
EXHIBIT R4(c) A TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT
DEVASWOM COMMISSIONER, VAIKOM DATED 19-02-2015.
EXHIBIT R4(d) A TRUE COPY OF THE ORDER ROC NO.178/15/NS DATED
24-03-2015.
14-02-2023 /True Copy/ Assistant Registrar
