Suo Motu vs State Of Kerala
2023 Latest Caselaw 7578 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT
                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                          &
                      THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
                Friday, the 14th day of July 2023 / 23rd Ashadha, 1945
                                  DBP NO. 65 OF 2023

IN THE MATTER OF 'NAALAMBALA DARSHAN' - SUO MOTU PROCEEDINGS INITIATED BASED ON

A NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 13/07/2023.

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


  PETITIONER:


        SUO MOTU


  RESPONDENTS:


   1.    STATE OF KERALA

         REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,

         REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,

         THIRUVANANTHAPURAM-695 001

   2.    TRAVANCORE DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS,

         NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003

   3.    COCHIN DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD HEADQUARTERS,

         SWARAJ ROUND WEST, THRISSUR DISTRICT-680001

   4.    EXECUTIVE OFFICER

         THRIPRAYAR SREE RAMASWAMI TEMPLE, TEMPLE ROAD, VALAPAD P.O.,

         THRIPRAYAR, THRISSUR DISTRICT - 680567
 5.    EXECUTIVE OFFICER

      SREE KOODALMANIKYAM TEMPLE, KOODALMANIKYAM DEVASWOM,

      IRINJALAKUDA, THRISSUR DISTRICT- 680121

6.    EXECUTIVE OFFICER

      SREE LAKSHMANA TEMPLE, THIRUMOOZHIKKULAM, MOOZHIKKULAM,

      KURUMASSERI, ERNAKULAM DISTRICT-683579

7.    EXECUTIVE OFFICER

      SREE SHATHRUGHNA TEMPLE, PAYAMMAL, SHATRUGHNA NAGAR,

      PAYAMMAL ROAD, ARIPALAM P.O., THRISSUR DISTRICT- 680688



      BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER

      BY STANDING COUSNEL FOR TRAVANCORE DEVASWOM BOARD

      BY STANDING COUNSEL FOR COCHIN DEVASWOM BOARD

      BY STANDING COUNSEL FOR KOODALMANIKYAM DEVASWOM


      THE DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON

14/07/2023, UPON PERUSING THE PETITION, THE COURT ON THE SAME DAY PASSED

THE FOLLOWING.
 DBP No.64 of 2023


                                             1


         ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
         ...........................................................................
                                DBP No.65 of 2023
                  ..........................................................
                  Dated this the 14th day of July, 2023

                                        ORDER

Anil K. Narendran, J.

This DBP is registered suo motu, vide proceedings dated

14.07.2023, based on a news report appeared in Malayala

Manorama daily dated 13.07.2023 in connection with

'Naalambala Darshanam' of the year 2023. In connection with

'Naalambala Darshanam' of the year 2022, this Court issued

various directions in the judgment dated 01.11.2022 in W.P.(C)

No.25929 of 2022. Paragraphs 18 and 19 of that judgment read

thus;

''18. In view of the provisions under the Travancore-Cochin Hindu Religious Charitable Endowments Act, referred to hereinbefore, the Travancore Devaswom Board, the Cochin Devaswom Board and also the Koodalmanikyam Devaswom, in discharge of their statutory duty, have to see that regular traditional rites and ceremonies, according to the practice prevalent in the religious institutions under its management are performed promptly and they have to establish and maintain proper facilities for the devotees in the temples under their management. They have to manage the properties of the respective Devaswoms and arrange for the conduct of daily worship and ceremonies and of the festivals in every temple under its management, according to its usage. Insofar as Sree Shathrughnan Temple, Payammal is concerned, the conduct of daily worship and ceremonies and of the festivals in that temple have to be conducted according to its usage, by DBP No.64 of 2023

those who are in the management of that temple. Therefore, based on any decision taken in the meeting of co-ordination committee, a preferential treatment in those temples for the devotees who avail Pilgrim Tourism Packages of KSRTC cannot be introduced, during 'Nalambala Darshanam'.

19. In the above circumstances, we deem it appropriate to dispose of this writ petition, by making the interim order dated 12.08.2022 absolute, by holding that the provision of a separate queue for the devotees in Thriprayar Sree Ramaswami Temple, Sree Koodalmanikyam Temple, Thirumoozhikkulam Sree Lakshmana Temple and Payammal Sree Shathrughnan Temple, who avail the Pilgrim Tourism Packages of KSRTC for 'Nalambala Darshanam', is per se arbitrary and illegal, which cannot be permitted to continue.

Therefore, all the devotees have to follow the queue system in the temples for 'Nalambala Darshanam'. However, a separate queue has to be provided for senior citizens, differently-abled and mentally challenged persons and such other special

categories of persons, who require special attention and care.''

2. 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 sub-section (3) of Section 1 of

the Act, substituted by the Kerala Adaptation of Laws Order,

1956, Part I of the Act shall extend to Travancore, Part II of the

Act shall extend to Cochin and Part III of the Act shall extend to

the whole of the State of Kerala, excluding the Malabar District.

3. Chapter II of the Act deals with the Travancore

Devaswom. As per Section 3, the administration of incorporated DBP No.64 of 2023

and unincorporated Devaswoms and of Hindu Religious

Endowments and all their properties and funds as well as the

fund constituted under the Devaswom Proclamation, 1097 M.E.

and the surplus fund constituted under the Devaswom

(Amendment) Proclamation, 1122 M.E. which were under the

management of the Ruler of Travancore prior to the first day of

July, 1949, except the Sree Padmanabhaswamy Temple, Sree

Pandaravaka properties and all other properties and funds of the

said temple, and the management of all institutions which were

under the Devaswom Department shall vest in the Travancore

Devaswom Board. As per sub-section (2) of Section 4, the Board

shall be a body corporate having perpetual succession and a

common seal with power to hold and acquire properties for and

on behalf of the incorporated and unincorporated Devaswoms

and Hindu Religious Institutions and Endowments under the

management of the Board.

4. As per sub-section (1) of Section 15 of the Act, subject

to the provisions of Chapter III of Part I, all rights, authority and

jurisdiction belonging to or exercised by the Ruler of Travancore

prior to the first day of July, 1949, in respect of Devaswoms and

Hindu Religious Endowments shall vest in and be exercised by

the Board in accordance with the provisions of this Act. As per

sub-section (2) of Section 15, the Board shall exercise all powers DBP No.64 of 2023

of direction, control and supervision over the incorporated and

unincorporated Devaswoms and Hindu Religious Endowments

under their jurisdiction. As per Section 15A, 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.

5. Chapter VIII of the Act deals with Cochin Devaswom

Board. Section 62 of the Act deals with vesting of administration

in the Board. As per sub-section (1) of Section 62, the

administration of incorporated and unincorporated Devaswoms

and Hindu Religious Institutions which were under the

management of the Ruler of Cochin immediately prior to the first

day of July, 1949 either under Section 50G of the Government of

Cochin Act, XX of 1113, or under the provisions of the Cochin

Hindu Religious Institutions Act, 1 of 1081, and all their

properties and funds and of the estates and all institutions under

the management of the Devaswom Department of Cochin, shall

vest in the Cochin Devaswom Board. As per sub-section (2) of DBP No.64 of 2023

Section 62, notwithstanding the provisions contained in sub-

section (1), the regulation and control of all rituals and

ceremonies in the temple of Sree Poornathrayeesa at

Trippunittura and in the Pazhayannur Bhagavathy temple at

Pazhayannur shall continue to be exercised as hitherto by the

Ruler of Cochin.

6. Section 68 of the Act provides for administration by

the Board as a trustee. As per sub-section (1) of Section 68,

subject to the provisions of the Act and of any other law for the

time being in force, the Board shall be bound to administer the

affairs of incorporated and unincorporated Devaswoms and

institutions under its management in accordance with the

objects of the trust, the established usage and customs of the

institutions and to apply their funds and property for such

purposes. As per sub-section (2) of Section 68, notwithstanding

anything contained in sub-section (1), the Board may, out of the

funds under their control, set apart such sum as they deem fit for

the educational uplift, cultural advancement and economic

betterment of the Hindu community, after providing adequately

for the purposes of the institutions which have to be met from

the said fund.

7. Section 73A of the Act deals with duties of the Board.

As per Section 73A, it shall be the duty of the Board to perform DBP No.64 of 2023

the functions enumerated in clauses (i) to (iv), namely, (i) to see

that the regular traditional rites according to the practice

prevalent in the religious institution are performed promptly; (ii)

to monitor whether the administrative staff 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 major temples for the devotees.

8. In view of the provisions under Section 3 of

Koodalmanikyam Devaswom Act, 2005 the administration,

control and management of Koodalmanikyam Temple at

Irinjalakuda, its properties and endowments and the subordinate

temples attached thereto shall be vested in Koodalmanikyam

Devaswom Managing Committee, which shall be a body

corporate having perpetual succession and a common seal and

shall by the said name sue and be sued, through the

Administrator. Section 10 of the Act deals with duties of the

Committee. As per Section 10, subject to the provisions of the

Act and the rules made thereunder, it shall be the duty of the

Committee, (a) subject to the custom and usage in the Temple, to

arrange for the proper performance of the rites and ceremonie s

in the Temple and the subordinate temples attached thereto in

accordance with the pathivu or scale of expenditure fixed for the DBP No.64 of 2023

Temple and the subordinate temples under Section 20 or, till the

pathivu or scale of expenditure is fixed under that section in

accordance with the pathivu or scale of expenditure specified in

Schedule 1 of the Koodalmanikyam Devaswom Act, 1971; (b) to

provide facilities to the worshippers for the proper performance

of worship; (c) to ensure the safe custody of the funds, valuable

securities and jewellery and the preservation and management

of the properties vested in the Temple; (d) to ensure

maintenance of order and discipline and proper hygienic

conditions in the temple and the subordinate temples attached

thereto and to maintain the proper standard of cleanliness and

purity in the offerings performed within the temple; (e) to ensure

that the funds of the endowments of the Temple are spent

according to the known wishes of the donors; (f) to make

provisions for the payment of suitable emoluments to the

salaried staff of the Devaswom; (g) to do all such things as may

be incidental and conducive to the efficient management of the

affairs of the Devaswom and for the facilities of the worshippers.

9. The respective Standing Counsel for Travancore

Devaswom Board, Cochin Devaswom Board and

Koodalmanikyam Devaswom seeks time to get instructions. The

learned Senior Government Pleader to get instructions from the

District Administration and also the District Police on the DBP No.64 of 2023

arrangements already made in connection with 'Naalambala

darshanam'.

In terms of the statutory provisions referred to here before

it is for the Cochin Devaswom Board, Travancore Devaswom

Board and Koodalmanikyam Devaswom to ensure that proper

facilities are provided for all the devotees in the respective

temples for 'Nalamabala darshanam', taking note of the

directions contained in the judgment of this Court dated

01.11.2022 in W.P.(C) No.25929 of 2022.

List this matter for further consideration on 18.07.2023.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

Dxy

14-07-2023 /True Copy/ Assistant Registrar