Suo Motu vs The State Of Kerala
2023 Latest Caselaw 1641 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                          &
                        THE HONOURABLE MRS. JUSTICE M.R.ANITHA
                Friday, the 27th day of January 2023 / 7th Magha, 1944

                                  DBP NO. 6 OF 2023

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - VAIKOM SREE MAHADEVA TEMPLE -
MATTER PERTAINING TO CONDUCT OF PRATHAL AND ATHAZA OOTTU - SUO MOTU PROCEEDINGS
INITIATED BASED ON A VIDEO CLIPPING THAT APPEARED IN SOCIAL MEDIA - REG:

                                   -------------


  PETITIONER:


        SUO MOTU

  RESPONDENTS:

   1.    STATE OF KERALA

         REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,

         REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,

         THIRUVANANTHAPURAM - 695001

   2.    THE TRAVANCORE DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,

         NANTHANCODE, THIRUVANANTHAPURAM-695003

   3.    THE DEVASWOM COMMISSIONER

         TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,

         NANTHANCODE, THIRUVANANTHAPURAM-695003

   4.    THE JOINT DIRECTOR

         KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,

         NANTHANCODE P.O., THIRUVANANTHAPURAM-695003

   5.    ADMINISTRATIVE OFFICER

         VAIKOM SREE MAHADEVA TEMPLE, VAZHAMANA ROAD, VAIKOM,

         KERALA - 686141.
 6.    TEMPLE ADVISORY COMMITTEE OF VAIKOM SREE MAHADEVA TEMPLE

      REPRESENTED BY ITS SECRETARY, VAZHAMANA ROAD,

      VAIKOM, KERALA - 686141

      *ADDL.R7 IMPLEADED

7.    THE ASSISTANT COMMISSIONER,

      TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM DISTRICT-686 141

      *IS SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER

      DATED 27/01/2023 IN DBP.NO.6/2023




      BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER

      BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD

      BY SRI.P.RAJEEVE, ADVOCATE COMMISSIONER


      THE DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON

27/01/2023, UPON PERUSING THE PETITION, THE COURT ON THE SAME DAY PASSED

THE FOLLOWING.
             ANIL K. NARENDRAN & M.R.ANITHA, JJ.
                   ------------------------------
                        DBP No.6 of 2023
                -----------------------------------
            Dated this the 27th day of January, 2023

                             ORDER

Anil K. Narendran, J.

Show the name of Sri.P.Rajeeve, the learned Advocate

Commissioner, in the cause list.

2. The Assistant Commissioner, Travancore Devaswom

Board, Vaikom, Kottayam District-686 141 is suo motu impleaded

as additional 7th respondent. Registry to make necessary

corrections in the cause title.

3. This DBP is registered suo motu based on a video

clipping, which is circulating the social media, regarding the

conduct of 'Prathal' at Vaikom Sree Mahadeva Temple, which was

brought to the notice of this Court by a devotee of Lord

Vaikathappan. Two screenshots taken from that video clipping,

which are re-produced in paragraph 2 of proceedings dated

25.01.2023 are re-produced hereunder;

DBP No.6 of 2023

4. Pursuant to the directions contained in paragraph 15

of the judgment of this Court dated 14.07.2022 in

W.P(C)No.18418 of 2022, W.P(C)No.23768 of 2022 was

registered suo motu, which was disposed of by the judgment

dated 23.08.2022 with the directions contained in paragraph 12

DBP No.6 of 2023

of that judgment which reads thus:

"12. Having considered the submissions made by the learned Standing Counsel for Travancore Devaswom Board and also the learned Advocate Commissioner, we deem it appropriate to dispose of this writ petition with the following directions;

(i) the 2nd respondent Assistant Devaswom Commissioner, Vaikom and the 3rd respondent Administrative Officer shall take necessary steps to ensure that there is no shortage/wastage in 'Prathal' or 'Athazha Oottu' on any day in Vaikom Sree Mahadeva Temple;

(ii) after measurement of rice for 'Prathal', which is done on the previous day after 'deeparadhana', the 3 rd respondent Administrative Officer shall exhibit the quantity of rice offered by the devotees for 'Prathal vazhipadu' on the next day, on the board in front of the Oottupura and at other appropriate places in Vaikom Sree Mahadeva Temple, so that, in addition to those who offer 'Prathal vazhipadu' and their family members, the maximum number of devotees are served 'Prathal vazhipadu prasadam' on every day;

(iii) the 3rd respondent Administrative Officer shall maintain a permanent register for 'Prathal' and 'Athazha Oottu' in Vaikom Sree Mahadeva Temple. The quantity of rice offered and the number of devotees who had attended 'Prathal' on each day shall be entered in that register. The quantity of rice and the number of devotees who had attended 'Athazha Oottu'

DBP No.6 of 2023

shall also be entered in that register. The 2 nd respondent Assistant Devaswom Commissioner shall conduct periodical verification of the permanent register maintained by the 3rd respondent Administrative Officer;

(iv) the 4th respondent Temple Advisory Committee shall have constant vigil on the activities undertaken in Vaikom Sree Mahadeva Temple in connection with 'Prathal' and 'Athazha Oottu', in order to ensure that there is no shortage/wastage in 'Prathal' and 'Athazha Oottu' on any day; and

(v) any shortfall in the conduct of 'Prathal' and 'Athazha Oottu' in Vaikom Sree Mahadeva Temple shall be brought to the notice of this Court, for interference, by way of reports filed by the learned Advocate Commissioner."

5. 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 Section 15A of the Act, which

deals with duties of the Board, it shall be the duty of the Board to

perform the functions enumerated in clauses (i) to (iv) of Section

15A, which includes duty to see that regular traditional rites and

ceremonies according to the practice prevalent in the religious

DBP No.6 of 2023

institutions are performed promptly; to monitor whether the

administrative officials and employees and also the employees

connected with religious rites are functioning properly; and to

establish and maintain proper facilities in the temples for the

devotees. As per Section 31 of the Act, which deals with

management of Devaswoms, 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, both incorporated

and unincorporated as heretofore and arrange for the conduct of

the daily worship and ceremonies and of festivals in every temple

according to its usage.

6. In the judgment dated 23.08.2022, after referring to

the provisions under Travancore-Cochin Hindu Religious

Institutions Act, this Court held 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

DBP No.6 of 2023

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.

7. In the judgment dated 23.08.2022, after referring to

Section 31A of the Travancore-Cochin Hindu Religious Institutions

Act, which deals with the formation of Temple Advisory and also

the law laid down by this Court in Chandu K. v. Travancore

Devaswom Board [2021 (3) KHC 379] this Court held that,

with the insertion of Section 31A to the Travancore-Cochin Hindu

Religious Institutions Act, the formation of Temple Advisory

Committees in temples has become statutory. The 4th respondent

Temple Advisory Committee of Vaikom Sree Mahadeva Temple,

constituted under Section 31A of the Act, consisting of 'persons

interested' in the said 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

DBP No.6 of 2023

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 Vaikom Sree

Mahadeva Temple, which includes the duty to see that regular

traditional rites and ceremonies according to the practice

prevalent in the temple are performed promptly; to monitor

whether the administrative officials and employees and also the

employees connected with religious rites are functioning

properly; and to establish and maintain proper facilities in the

temple for the devotees. The Committee is required to maintain

a constant vigil over the conduct of 'Prathal' and 'Athazha Oottu'

in Vaikom Sree Mahadeva Temple, in order to ensure that there

is no shortage/wastage in 'Prathal' or 'Athazha Oottu'.

8. The plight of the devotees seen from the video clipping

circulating in social media would prima facie show that there is a

serious lapse on the part of the Travancore Devaswom Board and

DBP No.6 of 2023

its officials in maintaining proper facilities to the devotees in

Vaikom Sree Mahadeva Temple. It appears that, despite the

specific direction contained in the judgment dated 23.08.2022,

the Temple Advisory Committee failed to maintain a constant vigil

over the conduct of 'Prathal' at Vaikom Sree Mahadeva Temple.

9. It is submitted on behalf of the learned Standing

Counsel for Travancore Devaswom Board that the incident

referred to in the video circulating in social media occurred on

08.01.2023, due to the presence of large number of devotees on

account of 'Nadathurappu Maholsavam' of Thiruvairanikkulam

Temple.

10. Having considered the submissions made at the Bar,

we deem it appropriate to direct the 5th respondent Administrative

Officer to file an affidavit explaining the facts and circumstances.

11. The learned Advocate Commissioner shall also file a

report on the aforesaid incident.

12. Registry to serve a copy of this DBP to Sri.Shabu

Sreedharan, the learned counsel, who is appearing for the 6th

respondent Temple Advisory Committee of Vaikom Sree

Mahadeva Temple. Show the name of the learned counsel in the

DBP No.6 of 2023

cause list.

12. The learned Standing Counsel for Travancore

Devaswom Board shall make available for the perusal of this

Court the permanent registers maintained at Vaikom Sree

Mahadeva Temple in connection with 'Prathal Vazhipadu' and

'Athazha Oottu', in terms of the directions contained in the

judgment of this Court dated 23.08.2022 in W.P(C)No.23768 of

2022 and also materials to show that the additional 7th

respondent Assistant Devaswom Commissioner has conducted

periodical inspection, in terms of that judgment.

As requested by the learned Standing Counsel for

Travancore Devaswom Board, list this matter for further

consideration on 31.01.2023.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

M.R. ANITHA, JUDGE

bkn/-

27-01-2023 /True Copy/ Assistant Registrar