Kerala High Court
Krishnakumar C vs Cochin Devaswom Board on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
W.P.(C) NO. 19599 OF 2020
PETITIONER:
P.G.VIJAYAN
AGED 65 YEARS, S/O.GOPALAKRISHNAN, NIRANJANA,
PAZHASSI NAGAR, CHETTUPUZHA, THRISSUR.
BY ADVS.
K.MOHANAKANNAN
SMT.T.V.NEEMA
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
SWARAJ ROUND WEST, THRISSUR, KERALA-680001,
REPRESENTED BY ITS SECRETARY.
2 THE ASSISTANT COMMISSIONER,
COCHIN DEVASWOM BOARD, SWARAJ ROUND WEST,
THRISSUR, KERALA-680001.
3 THE JUNIOR DEVASWOM OFFICER,
NAITHALAKAVU, THRISSUR DISTRICT-680001.
4* A.SAJEEVAN
SECRETARY, SREE NAITHILAKKAVU UPADESAKA
SAMITHY, REGISTER NO.KUS.464/2020, P.O KUTTOOR,
THRISSUR 680 013.
*IS IMPLEADED AS PER ORDER DATED 10.01.2023 IN
I.A.1/2021 IN WP(C)19599/2020
2
W.P.(C) Nos.19599 of 2020 & 485 of 2023
R1 TO R3 BY SRI K.P.SUDHEER - STANDING COUNSEL-
COCHIN DEVASWOM BOARD
ADDL.R4 BY BY ADV V.C.MADHAVANKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 13.07.2023, ALONG WITH WP(C).485/2023, THE
COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
3
W.P.(C) Nos.19599 of 2020 & 485 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
W.P.(C) NO. 485 OF 2023
PETITIONERS:
1 KRISHNAKUMAR C
AGED 50 YEARS, S/O M. RAVUNNI NAIR, CHEERATH
PUTHEN PURAYIL, KUTOOR PO, THRISSUR, PIN -
680013.
2 SAJEEVAN A.,
AGED 58 YEARS, S/O C. SREEDHARA MENON, AMMATH
HOUSE, KUTOOR PO, THRISSUR, PIN - 680013.
3 MANOJ M.,
AGED 46 YEARS, S/O RAGHAVAN NAIR, MANGHAT
HOUSE, KUTOOR PO, THRISSUR, PIN - 680013.
BY ADVS.
V.M.SYAM KUMAR
SNEHA RAJIV
KRIPA ELIZABETH MATHEWS
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
REPRESENTED BY SECRETARY, COCHIN DEVASWOM
BOARD, SWARAJ ROUND N, ROUND NORTH, THRISSUR,
PIN - 680001.
2 SECRETARY
COCHIN DEVASWOM BOARD, SWARAJ ROUND N, ROUND
NORTH, THRISSUR, THRISSUR, PIN - 680001.
4
W.P.(C) Nos.19599 of 2020 & 485 of 2023
3 JUNIOR DEVASWOM OFFICER, (NEYATHALAKKAVU
DEVASWOM)
COCHIN DEVASWOM BOARD, SWARAJ ROUND N, ROUND
NORTH, THRISSUR, PIN - 680001.
4 ASSISTANT COMMISSIONER,
COCHIN DEVASWOM BOARD, SWARAJ ROUND N, ROUND
NORTH, THRISSUR, PIN - 680001.
5* P. G. VIJAYAN,
S/O.GOPALAKRISHNAN, NIRANJANA,PAZHASSI NAGAR,
CHETTUPUZHA, THRISSUR , PIN-680 012.
6* SASIKUMAR ,
S/O GOPALAKRISHNAN, AMBAL STORES, KUTOOR PO,
THRISSUR - 680 013.
7* TEMPLE ADVISORY COMMITTEE, NAITHALAKAVU
BHAGAVATHY TEMPLE
NAITHALAKAVU BHAGAVATHY TEMPLE, KUTTOOR,
THRISSUR, KERALA , REPRESENTED BY ITS
SECRETARY.
*ARE IMPLEADED AS PER ORDER DATED 02-02-2023 IN
IA 1/2023.
BY ADVS.
R1 TO R4 BY SRI K.P.SUDHEER - STANDING COUNSEL-
COCHIN DEVASWOM BOARD
R5 BY K.MOHANAKANNAN
R6 BY SANTHOSH P.PODUVAL
R6 BY R.RAJITHA
R6 BY CHITHRA S.BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 13.07.2023, ALONG WITH WP(C).19599/2020, THE
COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
5
W.P.(C) Nos.19599 of 2020 & 485 of 2023
JUDGMENT
P.G. Ajithkumar, J.
In W.P.(C) No.19599 of 2020, the petitioner alleging that
his name engraved in the 'Thulabharam Thatthu' donated by
him to the Naithanakkavilamama of Naithalakkavu Temple
was illegally removed by the members of the Temple Advisory
Committee and inspite of the direction in Ext. P2 issued by the
Cochin Devaswom Board, to restore it, they failed. They filed
this Writ Petition under Article 226 of the Constitution of India
seeking to issue a writ of mandamus or any other appropriate
writ or order or direction directing the respondents to
implement Ext.P2 decision of the Board within a time frame to
be fixed by this Court.
2. While the said Writ Petition was pending
consideration of this Court, three members of the Temple
Advisory Committee of the Naithalakkavu Bhavathy Temple filed
WP(C) No.485 of 2023 seeking a writ of certiorari quashing
Ext.P2 by which the Secretary of the Cochin Devaswom Board
directed the Temple Advisory Committee to restore the Board in
terms of the proceedings dated 06.03.2020.
W.P.(C) Nos.19599 of 2020 & 485 of 2023
3. The petitioner in W.P.(C) No.19599 of 2020 was
impleaded in W.P.(C) No.485 of 2023 as additional 5th
respondent. Additional respondent Nos.6 and 7 were also
additionally impleaded.
4. In W.P.(C) No.19599 of 2020 the Secretary of the
Sree Naithalakavu Upadesaka Samithi was impleaded as
additional respondent No.4.
5. Additional respondent No.5 in W.P.(C) No.485 of
2023, who is the petitioner in W.P.(C) No.19599 of 2020 filed
a counter-affidavit wherein he reiterated his contentions in his
Writ Petition. He further contended that his name board was
removed without the knowledge of the authorities of the
Cochin Devaswom Board and it was a high-handed act.
6. The 6th respondent filed a counter affidavit in W.P.
(C) No.485 of 2023. Apart from contending that the name in
the thulabhara thahhu was removed it was contended that he
along with one Sri.Aravinda Ghosh donated steel grill for
installing around the Balikallu in the Temple. Although his
name was allowed to be engraved, the name of Sri.Aravinda
W.P.(C) Nos.19599 of 2020 & 485 of 2023
Gosh was not allowed to be engraved by the members of the
Temple Advisory Committee saying that he belongs to
Scheduled Caste. It has been the practice in the Temple to
display boards carrying the names of the Temple Advisory
Committee and also the names of persons donating various
articles to the Temple. The members of the then Temple
Advisory Committee quite in disregard to the said practice had
disallowed to inscribe the name of Sri.Aravind Gosh.
7. Additional respondent No.6 produced a few
photographs of boards/plaques displaying the names of the
members of the Temple Advisory Committee at the Gopuram
of Naithalakkavu Temple as Ext.R6(a) series. On 27.03.2023
when this matter came up for consideration, this Court
directed the 1st respondent-Cochin Devaswom Board to ensure
that no such Boards or granite stones are affixed in any
Temples under its management, in the names of the members
of the Temple Advisory Committee.
8. On 13.06.2023, the learned Standing Counsel for
the Cochin Devaswom Board produced the circular issued by
W.P.(C) Nos.19599 of 2020 & 485 of 2023
the Devaswom Commissioner of the Cochin Devaswom Board
prohibiting erection of Boards or stones carrying the names of
members of the Temple Advisory Committee in any of the
Temples under the Board, to remove such boards and stones
already erected and not to engrave or display names of the
member of the Temple Advisory Committee or sponsors in any
constructions in the Temple or articles donated.
9. Heard the learned counsel appearing for the
respective petitioners in the Writ Petitions, the learned
Standing Counsel for the Cochin Devaswom Board and the
learned counsel appearing for the party respondents.
10. The petitioner in W.P.(C) No.19599 of 2020 donated
a thulabhara stand and plate on it made of stainless steel to
the Naithalakkavu Temple with his name engraved on it. The
learned counsel for the petitioner would submit that since
grandson of the petitioner sustained injuries by breaking down
of the thulabaram thattu, he made the donation. Since the
donation has such an emotional reason, removal of his name
from the thulabhara thattu was painful. It is further contended
W.P.(C) Nos.19599 of 2020 & 485 of 2023
that it has been the practice in the Temple to display the
names of the persons who make donations/offerings and
therefore removal of his name was a discriminative act. It was
for that reason the Devaswom Board issued Ext.P2 directing
to restore the name of the petitioner in the thulabhara thattu
and also the name of Sri.Sasikuar, who is the additional 6 th
respondent in W.P.(C) No.485 of 2023 in the steel grill around
the Balithara.
11. From the materials on record it is evident that it
has been a practice in the Naithalakkavu Bhagavathy Temple
to erect Boards/stones displaying the names of the members
by the successive Temple Advisory Committees. That fact is
evident from Ext.R6(a) photographs produced in W.P.(C)
No.485 of 2023.
12. Section 31A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950 deals with the formation of
the Temple Advisory Committees. As per sub-section (1) of
Section 31A of the Act, a Committee for each temple in the
name 'Temple Advisory Committee' (name of the temple)
W.P.(C) Nos.19599 of 2020 & 485 of 2023
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 for the formation of Temple Advisory
Committees in the temples under the management of the
Board.
13. Clause (2) of the Rules deals with objectives of the
Temple Advisory Committees. As per Clause (2) of the Rules
one of the objectives of the Temple Advisory Committee is to
formulate schemes for the betterment and development of the
Temple, submit the same before the Board and execute it with
the approval of the Board. The Advisory Committee shall
collect donations from the devotees for the smooth
W.P.(C) Nos.19599 of 2020 & 485 of 2023
functioning of the temple activities and festivals only with the
permission of the Department.
14. Clause (3) of the Rules deals with membership.
Clause (3) makes it explicitly clear that the membership in
'registered mandalam' is mainly for the devotees who are
residing within a distance of 5kms from the temple, who are
regular worshippers and had contributed considerably for the
betterment of the temple and the devotees. As per Clause
(11) of the Rules, the term of the Temple Advisory Committee
shall ordinarily be two years from the date of approval of the
Committee by the Department.
15. Clause (12) of the Rules deals with powers and
rights of the Devaswom Board. As per Clause (12), the
Devaswom Commissioner shall have the power to determine
the qualification of the members of the Advisory Committee,
the term of the Advisory Committee and also to remove the
members of the Committee on the basis of specific reasons.
In the event of the activities of the Advisory Committee being
contrary to the interest of the Temple, Hindu faith or the
W.P.(C) Nos.19599 of 2020 & 485 of 2023
Devaswom Board, or in the event of specific financial
irregularities, the Commissioner shall have the absolute power
to remove the Advisory Committee.
16. In Sunil Kumar C. and others v. Travancore
Devaswom Board and others [Judgment dated 25.05.2022
in W.P.(C) No.7421 of 2022 - MANU/KE/1627/2022] one of the
contentions raised before this Court by the learned counsel for
respondents 5 to 10 was that, the construction or repair or
renovation work that has to be undertaken in a Temple under
the management of the 1st respondent Board is outside the
purview of the Temple Advisory Committees constituted under
Section 31A of the Act. This Court noticed that, insofar as the
aforesaid contention raised by the learned counsel for
respondents 5 to 10 is concerned, as per Clause (2) of the
Rules framed by Travancore Devaswom Board for the
formation of Temple Advisory Committees, one of the
objectives of the Temple Advisory Committee is to formulate
schemes for the betterment and development of the Temple,
submit the same before the Board and execute the same with
W.P.(C) Nos.19599 of 2020 & 485 of 2023
the approval of the Board. Clause (11) of the Rules provides
that, the term of the Temple Advisory Committee shall be two
years from the date of approval of the Committee by the
Department. The Devaswom Commissioner is empowered to
extend the term of the Temple Advisory Committee for a
further period of one year on the ground of any development
works or unavoidable rituals. On the aforesaid grounds the 1 st
respondent Board can extend the term for a further period of
one year. Clause (11) of the Rules makes it explicitly clear
that the term of the Temple Advisory Committee shall not be
extended beyond two years.
17. Clause (9) of the Rules deals with office bearers
and their duties. Clause (9.1) deals with President, Clause
(9.2) deals with Vice President, Clause (9.3.) deals with
Secretary and Clause (9.4) deals with Treasurer. As per Clause
(9) of the Rules, one of the duties of the President, as
provided in Clause (9.1), is to formulate projects for the
betterment of the temple and for the convenience of the
devotees and implement the same with the approval of the
W.P.(C) Nos.19599 of 2020 & 485 of 2023
Board. The President has to supervise the collection of funds
at the initiative of the Advisory Committee and he has to
ensure that the functioning of the Committee is in
accordance with the directions issued by the 1st respondent
Board. As per Clause (9.3), the Secretary of the Committee
has to get the approval of the Department for the collection
of funds. He has to print coupons and keep them in safe
custody after obtaining the seal of the Assistant
Commissioner. He has to ensure that such coupons are used
only as per the permission granted by the Board. The
Secretary has to cause the accounts relating to the collection
of funds, income and expenditure audited which shall be
produced before the authorities in the Board before 30th April
of every year. As per Clause (9.4) of the Rules, the Treasurer
has to ensure that proper accounts are maintained for the
income and expenditure and that the income and
expenditure of the Advisory Committee is with the approval
of the Committee and with the knowledge of the President
and the Secretary.
W.P.(C) Nos.19599 of 2020 & 485 of 2023
18. In Sunil Kumar C. [MANU/KE/1627/2022] this
Court held that, a reading of the provisions under Clause
(9) of the Rules framed by Travancore Devaswom Board for
the formation of Temple Advisory Committees makes it
explicitly clear that the construction or repair or renovation
work that has to be undertaken in a temple is not outside
the purview of the Temple Advisory Committees constituted
under Section 31A of the Act. It would certainly be open to
the Travancore Devaswom Board to undertake such
construction, repair or renovation work in a temple, directly
by its Maramath Department. However, when the Board has
chosen to undertake such construction or repair or
renovation work in a temple through a committee, under
the supervision of the officials in Maramath Department, it
has to be undertaken through the Temple Advisory
Committee constituted under Section 31A of the Act, under
constant supervision and scrutiny by the concerned officers
of the 1st respondent Board, in order to ensure that the
activities of the committee are in compliance with the
W.P.(C) Nos.19599 of 2020 & 485 of 2023
directions issued by the Board. When the provisions under
Section 31A of the Act contemplate constitution of a Temple
Advisory Committee in the temples under the management
of the Board, which is assigned with various duties as per
the said Rules, which includes undertaking various
developmental activities in the temple, the normal rule is
that any developmental activity in a temple, which is not
undertaken directly by the 1st respondent Board through its
officials in the Maramath Department, has to be undertaken
through the Temple Advisory Committee.
19. A temple is a place where devotees come to offer
their prayers to the deity. In the Temple, there can be
payers, offerings and performance of rites and ceremonies,
in accordance with the practice prevailing in the Temple. A
Temple Advisory Committee is constituted in a Temple in
terms of the provisions of Section 31A of the Travancore
Cochin Hindu Religious Institutions Act with the objective of
rendering help in the performance of traditional rites and
ceremonies in the Temple. Of course, as stated above
W.P.(C) Nos.19599 of 2020 & 485 of 2023
construction, repair or renovation work that has to be
undertaken in a Temple also becomes part of the duties of
Temple Advisory Committees in the circumstances
mentioned above. When members of a Temple Advisory
Committee carry out construction, repair or renovation work
in a Temple as a part of their duties, they are obliged to
discharge such duties with dedication and devotion without
expecting any return. Displaying their names in the Temple
premises for discharging their duties is certainly against the
objective for which a Temple Advisory Committee is
constituted.
20. Similarly, a devotee donates articles or materials to
the Temple or sponsor some construction, repair, modification,
etc. in a Temple, can only be out of his/her devotion to the
Deity and not for garnering any benefit out of it. A person
making donation or sponsorship insisting to display his name
on such articles/materials donated or construction/repair/
maintenance carried out, only belittle the solemn act he or
she does. The Cochin Devaswom Board with such an intention
W.P.(C) Nos.19599 of 2020 & 485 of 2023
had issued the circular dated 01.06.2023 which reads,-
"OFFICE OF THE COCHIN DEVASWOM BOARD
Round North, Thrissur-680 001
PH: 2331124, 2327028 FAX: 2335874, 2327029
E-mail. admin @cochindevaswomboard.org
_____________________________________________________
No.A5.13782/19 Dated: 01/06/2023
CIRCULAR
വവഷയയ : ക ചവൻ ദ വസ യ ദ ർഡദ ത ങളവൽ
ദ ത ഉപദ ശ സമവ വയ ക ദപര ക തവയ
ഫല ങൾ സ പവക നസയഗ വ.
സസചന : 1. BP A5.13782/19 dt.06/03/2020.
2. ഹ .ഹഹദക വയ ക 27/03/2023 കല
WPC No.485/23 ഉതരവ
-----------------
ഹ .ഹഹദക വയ ക ദമൽ സസചന(2) ഉതരവ
തപ രയ ക ചവൻ ദ വസ യ ദ ർഡവനക. ദ ത ങളവൽ
എവവക കയങവല യ ദ ത ഉപദ ശ സമവ വയ ക ദപര
ക തവ ഫല ങദള ദ ർഡ ദള ഉക1ങവൽ ആയ
മ റ ന വന ആവശ4മ യ ന പ വ ൾ സ 5 രവക വ ന യ
ദമലവൽ ഭകർ സമർപവക ന വസ: കൾ നവർമവ വ ളവൻ
ദമദല സദപ ൺസ. ദ ദയ ഉപദ ശ സമവ വ
അയഗങള ദ ദയ ദപദര മറ വവവരങദള ദരഖകപ തവ
ദ ർഡ ൾ/ഫല ങൾ തപ ർശവപവക വ ൻ പ വല എന
വവവരയ അ.വയവക ന .
(By Order)
Sd/-
Assistant Commissioner (Audit)
For Devaswom Commissioner"
21. In view of the direction in the Circular, Ext.R1(a)
produced in W.P.(C) No.485 of 2023, it is quite clear that no
member of the Temple Advisory Committees in various Temples
W.P.(C) Nos.19599 of 2020 & 485 of 2023
under the Board or the persons making offerings, donations or
sponsorship shall have a right to get their names engraved or
exhibited on the articles donated, work carried our or in any
other form. Therefore, Ext.P2 in W.P.(C) No.19599 of 2020 and
Ext.P1 in W.P.(C) No.485 of 2023, as far it relates to the
restoration of the name board is concerned, became
unenforceable. The inevitable consequence is that the relief
claimed in W.P.(C) No.1959 of 2020 is liable to be declined and
the relief claimed in W.P.(C) No.485 of 2023 to quash Ext.P2 is
liable to be granted.
Accordingly, W.P.(C) No.19599 of 2020 is dismissed and
W.P.(C) No.485 of 2023 is allowed by quashing Ext.P2 order
No.A5.13782/2019 dated 06.03.2020 of the Cochin
Devaswom Board in so far it relates to restoration of the
names of sponsors is concerned.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
W.P.(C) Nos.19599 of 2020 & 485 of 2023
APPENDIX OF WP(C) 19599/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SUBMITTED BY THE
PETITIONER REPRESENTATION BEFORE THE
3RD RESPONDENT ON 31.01.2020.
EXHIBIT P2 TRUE COPY OF THE PROCEEDING OF THE 1ST
RESPONDENT DATED 06.03.2020.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
12.03.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION ON
17.03.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
W.P.(C) Nos.19599 of 2020 & 485 of 2023
APPENDIX OF WP(C) 485/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DTD. A5.13782
OF 2019, DTD.06.03.2020 ISSUED BY THE
2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE ORDER NO.A5 A5.13782
OF 2019 DTD.27.12.2022
EXHIBIT P3 TRUE COPY OF THE LETTER DTD. NIL
ISSUED BY SRI. P.G. VIJAYAN TO THE
THEN TEMPLE WELFARE COMMITTEE
EXHIBIT P4 TRUE COPY OF THE LETTER DTD.
06.01.2023 ISSUED BY THE TEMPLE
ADVISORY COMMITTEE TO THE 2ND
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT ADDLR6(A) COPIES OF PHOTOGRAPH OF NAME BOARDS
AFFIXED ON THE GOPURAM OF THE TEMPLE
EXHIBIT R1(A) TRUE COPY OF CIRCULAR NO. A5. 13782/19
DATED 01.06.2023 ISSUED BY THE COCHIN
DEVASWOM BOARD
