Kerala High Court
Suo Motu vs State Of Kerala on 16 November, 2023
DBP No.41/2022 1 / 54
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Thursday, the 16th day of November 2023 / 25th Karthika, 1945
DBP NO. 41 OF 2022
IN THE MATTER OF COCHIN DEVASWOM BOARD - SUO MOTU PROCEEDINGS INITIATED AS PER
ORDER DATED 29/07/2022 IN DBP 31/2022 REGARDING THE CONDUCT OF TRADE FAIRS IN
ERNAKULATHAPPAN GROUND BY THE TEMPLE ADVISORY COMMITTEE OF ERNAKULAM SIVA TEMPLE
- REG.
-------------
PETITIONER:
SUO MOTU
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM-695001
2. COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, ROUND NORTH,
THRISSUR-680001
3. TEMPLE ADVISORY COMMITTEE (*CORRECTED)
ERNAKULAM SHIVA TEMPLE, DURBAR HALL ROAD, MARINE DRIVE,
ERNAKULAM, KERALA-682011.
*CORRECTED AS
THE ERNAKULAM KSHETHRA SEVA SAMITHI, (*CORRECTED)
ERNAKULAM SIVA TEMPLE, DURBAR HALL ROAD, MARINE DRIVE,
ERNAKULAM, KERALA-682 011
*3RD RESPONDENT IS SUO MOTU CORRECTED AS PER ORDER DATED
10/08/2022 IN DBP.NO.41/2022
DBP No.41/2022 2 / 54
*CORRECTED AS
*THE DESCRIPTION OF THE 3RD RESPONDENT IS CORRECTED AS "ERNAKULAM
KSHETHRA KSHEMA SAMITHI" INSTEAD OF "ERNAKULAM KSHETHRA SEVA
SAMITHI" AS PER ORDER DATED 29/11/2022 IN DBP 41/2022.
*ADDL.R4 IMPLEADED
4. THE DEPUTY DIRECTOR,
KERALA STATE AUDIT DEPARTMENT, COCHIN DEVASWOM BOARD,
ROUND NORTH, THRISSUR - 680 001
*IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH RESPONDENT VIDE ORDER
DATED 10/08/2022 IN DBP.NO.41/2022
*ADDL.R5 IMPLEADED
5. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695 001
*IS SUO MOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT VIDE ORDER
DATED 30/03/2023 IN DBP.NO.41/2022.
*ADDL.R6 IMPLEADED
6. THE DEVASWOM OFFICER,
ERNAKULAM DEVASWOM, ERNAKULAM-682 011
*IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER
DATED 13/07/2023 IN DBP NO.41/2022
BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER FOR R1, ADDL.R4 & R5
BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD FOR R2
BY M/S.JEFFIN JOHN, AJITH VISWANATHAN, SHIBU JOSEPH,
SAYED MANSOOR BAFAKHY THANGAL, M.SRIRAM, HAIRA, DEVIKA MOHAN,
PAUL S.MANGUZHA and ATHIRA K., Advocates for R3
THE DEVASWOM BOARD PETITION ALONG WITH CONNECTED CASES HAVING COME
UP FOR ORDERS AGAIN ON 16/11/2023, UPON PERUSING THE PETITION AND THIS
COURT'S ORDER DATED 08/11/2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING.
DBP No.41/2022 3 / 54
ANIL K. NARENDRAN & G. GIRISH, JJ.
--------------------------------------------
I.A. No.1 of 2023 in W.P(C)No.15798 of 2023
&
W.P(C)No.15798 of 2023 and
DBP Nos.41 of 2022 & 81 of 2023
--------------------------------------------
Dated this the 16th day of November, 2023
ORDER
I.A. No.1 of 2023 in W.P(C)No.15798 of 2023
This interlocutory application is one filed by the Cochin
Devaswom Board and the Assistant Devaswom Commissioner,
Thripunithura Group, who are respondents 1 and 2 in the
W.P(C)No.15798 of 2023, which is one filed by the Ernakulam
Kshethra Kshema Samithi, the respondent herein, to constitute an
Ulsava Agosha Committee (festival committee) for conducting the
annual festival of Ernakulam Siva Temple for the year 2024 from
among the devotees, as requested in Ext.R1(ak) communication
dated 01.09.2023 of the Assistant Devaswom Commissioner
addressed to the Devaswom Commissioner. In the affidavit filed in
support of this interlocutory application, it is stated that the annual
festival of the temple is scheduled to commence on 16.01.2024 and
the Tanthri of the temple has already informed that all steps have
to be started immediately for the smooth conduct of the annual
festival. Since W.P(C)No.15798 of 2023 and DBP No.41 of 2022 are
DBP No.41/2022 4 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
pending consideration before this Court and the challenge made
against the order of this Court dated 12.04.2023 in the DBP is
pending consideration before the Apex Court in SLP(C)No.14254 of
2023, in which the Apex Court has granted an order dated
21.07.2023, Cochin Devaswom Board decided to file this
interlocutory application before this Court seeking the abovesaid
permission.
2. The 1st respondent Ernakulam Kshethra Kshema Samithi
has filed a counter affidavit dated 24.09.2023 in the above
interlocutory application, opposing the reliefs sought for, wherein it
is contended that the annual festival of Ernakulam Siva Temple,
which is scheduled to be conducted from 16.01.2024 to 23.01.2024
can never be permitted to be managed and organised by a 21
member committee proposed to be constituted by the Cochin
Devaswom Board, especially when the 1st respondent, which has
been conferred with the status of a Temple Advisory Committee
under Section 76A of the Act is holding office, which is able to
conduct the annual festival in the pride and grandeur, in which it
was conducted in the previous years.
3. Heard the detailed arguments of the learned Standing
Counsel for Cochin Devaswom Board and the learned Senior Counsel
for Ernakulam Kshethra Kshema Samithi and the learned Senior
DBP No.41/2022 5 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Government Pleader on the reliefs sought for in this interlocutory
application.
4. During the course of arguments, the learned Standing
Counsel for Cochin Devaswom Board and also the learned Senior
Counsel for Ernakulam Kshethra Kshema Samithi made reference to
various documents which form part of the pleadings in DBP No.41
of 2022 and in such circumstances, while taking a decision on the
reliefs sought for by the Cochin Devaswom Board in I.A.No.1 of
2023, those documents have also to be verified.
5. W.P.(C)No.15798 of 2023 is one filed by Ernakulam
Kshethra Kshema Samithi, invoking the writ jurisdiction of this Court
under Article 226 of the Constitution of India, during the pendency
of DBP No.41 of 2022, seeking a writ of certiorari quashing Ext.P5
order dated 27.04.2023 issued by the 1st respondent Cochin
Devaswom Board; and a writ of mandamus commanding the
respondents to serve a copy of the report of the 2nd respondent
dated 17.04.2023, referred to in Ext.P5 to the petitioner Samithi.
5.1. On 12.05.2023, when that writ petition came up for
admission, this Court passed an interim order dated 12.05.2023,
which reads thus;
" xxx xxx xxx
DBP No.41/2022 6 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Prima Facie, if Ext.P5 has been issued by the Devaswom
Board without permission of this Court as has been asserted
by Sri.P.Viswanathan - learned Senior Counsel instructed by
Sri.Ajith Viswanathan appearing for the petitioner, then it is a
matter that will require to be properly evaluated.
We, therefore, order that until the next posting date, all
further action pursuant to Ext.P5 will stand deferred."
5.2. On 20.05.2023, the 1st respondent has filed a counter
affidavit in the writ petition, opposing the reliefs sought for. On
22.06.2023 the writ petitioner filed a reply affidavit dated
22.06.2023. On 11.09.2023, the Cochin Devaswom Board has filed
the present interlocutory application, in which the Kshethra Kshema
Samithi has filed a counter affidavit dated 24.09.2023. It is
thereafter that the Samithi has filed I.A.No.3 of 2023, seeking an
order to amend the writ petition in order to challenge Ext.P6 order
dated 12.04.2023 issued by the Cochin Devaswom Board. By the
order dated 12.10.2023 in I.A.No.3 of 2023, the writ petition was
allowed to be amended in order to incorporate the challenge against
Ext.P6 order. Accordingly, the writ petitioner filed the amended writ
petition on 28.10.2023.
6. DBP No.41 of 2022 was registered suo motu as per the
order dated 29.07.2022 in DBP No.31 of 2022 relating to the
conduct of trade fairs in Ernakulathappan ground by the 3 rd
respondent Ernakulam Kshethra Kshema Samithi, which has been
DBP No.41/2022 7 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
granted the status of Temple Advisory Committee vide order No.A5-
1471/07 dated 23.01.2016 of the Cochin Devaswom Board, with the
approval of this Court in the order dated 18.05.2016 in DBA No.4 of
2016.
6.1. DBP No.31 of 2022 was registered based on CDB Report
No.18 of 2022 in Petition No.3 of 2022 of the learned Ombudsman.
The Cochin Devaswom Board filed Petition No.3 of 2022 seeking
permission to conduct exhibitions and trade fairs in the period other
than Thrissur Pooram exhibition. That DBP was disposed of by the
order dated 29.07.2022 with the directions contained in paragraphs
29 to 29.4, of that order.
6.2. In paragraph 31 of the order dated 29.07.2022 in DBP
No.31 of 2022, this Court noticed that on the income generated from
conducting Thrissur Pooram exhibition in the exhibition ground in
Thekkinkad Maidan, the Cochin Devaswom Board, which is the
trustee of that Devaswom land, is getting only a meagre amount as
ground rent. In CDB Report No.18 of 2022 in Petition No.3 of 2022,
the learned Ombudsman noticed the submission made on behalf of
the Board that trade fairs are being conducted in Ernakulathappan
ground by the Temple Advisory Committee, which has been granted
permission to make use of that ground for such purposes. The
income generated by conducting trade fairs in Ernakulathappan
DBP No.41/2022 8 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Ground is shared between the Cochin Devaswom Board, which is a
trustee of that Devaswom land, and the Temple Advisory Committee
of that Temple. Therefore, by the order dated 29.07.2022 in DBP
No.31 of 2022, this Court directed the Registry to initiate suo motu
proceedings on the conduct of trade fairs in Ernakulathappan ground
by the Temple Advisory Committee of Ernakulam Siva Temple, i.e.,
Ernakulam Kshethra Kshema Samithi.
7. DBP No.81 of 2023 was registered suo motu based on a
news report that appeared in Kerala Kaumudi Daily dated
23.08.2023 and Malayala Manorama Daily dated 24.08.2023. As per
the news report in Malayala Manorama Daily dated 24.08.2023, the
Cochin Devaswom Board has suspended Shanu M. Mohan, Counter
Assistant, Ernakulam Siva Temple, after he was found drunk in the
Oottupura of the said temple. On 19.08.2023 he did not report for
duty. Later he was found drunk in the room above Eranakulathappan
Hall. As per the statement of Akhil Damodaran, the Devaswom
Officer, on 19.08.2023 itself, the Counter Assistant was sent out of
that room. On 20.08.2023, he was not permitted to work in the
temple and was issued with a memo. Yahuldas, the Assistant
Commissioner, Thripunithura Group came to the temple on
20.08.2023 and recommended action against the Counter Assistant.
Based on the recommendation made in the report of the Assistant
DBP No.41/2022 9 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Commissioner, the Counter Assistant has been placed under
suspension. A copy of the said report has also been given to the
Tantri of Ernakulam Siva Temple.
7.1. As per the news report in Kerala Kaumudi Daily dated
23.08.2023, along with the Counter Assistant, there were two other
employees - one Kazhakam and a temporary Devaswom employee
- who came from Thrissur. The Devaswom employees including the
Devaswom Officer are staying in the room above the Oottupura of
Ernakulam Siva Temple. There are two rooms above
Eranakulathappan Hall for the use of marriage parties. The incident
came to light after it was witnessed by the members of a marriage
party.
7.2. In this DBP this Court passed a detailed order dated
24.08.2023. Paragraphs 11 to 14 and the last paragraph of that
order read thus;
"11. On a specific query made by this Court as to whether
similar misconducts were committed by the Devaswom
employees in other temples under the management of the
2nd respondent Cochin Devaswom Board and the nature of
penalty imposed, the learned Standing Counsel has made
available for the perusal of this Court copy of Order No.M-
33/19 (1) dated 04.10.2019, Order No.M2012/20 dated
12.04.2021 and Order No.M4-9550/22 dated 19.11.2022 of
the 2nd respondent Board and Order No.M4-3098/23 dated
DBP No.41/2022 10 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
25.07.2023 of the 3rd respondent Devaswom Commissioner.
By the orders dated 04.10.2019, 12.04.2021 and
19.11.2022, the Devaswom employees alleged to have
committed similar misconduct were reinstated in service with
a warning or withholding of increment or treating the period
of suspension as a service break. By the order dated
25.07.2023 of the 3rd respondent Devaswom Commissioner,
one Dileepkumar, Sambandhi of Valanjambalam Temple has
been placed under suspension, since he was found drunk in
the temple premises on 25.02.2023, during temple festival.
12. In view of the provisions under the Travancore-Cochin
Hindu Religious Institutions Act referred to hereinbefore, the
Cochin Devaswom Board is duty-bound to administer the
affairs of Ernakulam Devaswom, which is an incorporated
Devaswom, and Ernakulam Shiva Temple under its
management in accordance with the objects of the trust, the
established usage and customs of the said temple. The Board
has a statutory duty to monitor whether the administrative
staff and employees and also the employees connected with
religious rites in the said temple are functioning properly and
to exercise supervision and control over their acts and
proceedings. An improper act in the administration of
Ernakulam Shiva Temple by the Board as a trustee could be
questioned by a worshiper.
13. The causal approach adopted by the 2nd respondent
Cochin Devaswom Board in matters involving similar
misconducts by the Devaswom employees is evident from the
Board orders referred to hereinbefore. The deity being a
perpetual minor, this Court has inherent jurisdiction to take
appropriate steps for protecting and safeguarding the
interests and the properties of the deity. The doctrine of
DBP No.41/2022 11 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
parens patriae will apply in the exercise of such jurisdiction.
In the discharge of the statutory duty, the 2nd respondent
Board has to take stringent action against such Devaswom
employees, by imposing a proper penalty; instead of
reinstating such employees with a warning, withholding of
increment, etc. The lukewarm approach on the part of the 2nd
respondent Board and the 3rd respondent Devaswom
Commissioner is the reason for recurring such instances of
misconduct by the Devaswom employees. Any default on
their part in imposing a proper penalty on such Devaswom
employees would amount to a breach of trust.
14. Having considered the submissions made at the Bar, we
deem it appropriate to direct the 2nd respondent Board to file
an affidavit explaining the facts and circumstances, within
three weeks.
List on 05.09.2023 for further consideration. The learned
Standing Counsel to make available for the perusal of this
Court the order passed by the Board, whereby the Devaswom
Officer and Devaswom employees of Ernakulam Siva Temple
were granted permission to reside in the room above the
Ootupura, and also copy of the orders passed by the Board,
whereby the disciplinary proceedings initiated against the
Devaswom employees, who were found drunk in the temple
premises, were finalized without imposing a major penalty.
Details of the employees against whom there were similar
allegations and working now in major temples under the
management of the Cochin Devaswom Board, namely, Sree
Vadakkumnathan Temple, Thrissur, Chottanikkara
Bhagavathi Temple, Sree Poornathrayeesa Temple,
Thrippunithura, and Ernakulam Siva Temple, shall also be
furnished.''
DBP No.41/2022 12 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
8. On 12.04.2023, when DBP No.41 of 2022 came up for
consideration, along with DBP No.61 of 2022, which was registered
suo motu, vide proceedings dated 25.10.2022, on the pathetic
condition in which Ernakulathappan Ground in Ernakulam Siva
Temple was being maintained, which was brought to the notice of
this Court by a Former Judge of this Court, this Court passed a
detailed order in DBP Nos.41 of 2022 and 61 of 2022. Paragraphs
19 to 32 of the order dated 12.04.2023 read thus;
"19. In the order dated 24.03.2023, this Court noticed that
the term of rent sharing agreement between the Cochin
Devaswom Board and Ernakulam Kshethra Kshema Samithi,
for sharing the rent in the ratio of 60:40, in respect of
Ernakulathappan Ground and hall, was only up to
31.12.2022. As evident from Annexure R2(r) order dated
28.02.2013 of the Special Devaswom Commissioner, when
such a rent sharing agreement was entered into for a period
of one year from 01.04.2013, the ratio of sharing of rent was
65:35. The learned counsel for the 3rd respondent Ernakulam
Kshethra Kshema Samithi would submit that the
representation made by the Samithi for extending the term
further is pending consideration before the Cochin Devaswom
Board.
20. In the order dated 24.03.2023, this Court noticed that the
affidavit dated 24.03.2023 of the additional 4th respondent
Joint Director contains serious allegations against the Cochin
Devaswom Board and also Ernakulam Kshethra Kshema
Samithi. In the said affidavit, it is stated that, the Audit Team
DBP No.41/2022 13 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
from that office visited the office of Ernakulam Kshethra
Kshema Samithi on 14.11.2016 to verify the income and
expenditure account of the land purchased. But the
documents were not made available. The said affidavit deals
with implementation of various projects undertaken by the
Kshethra Kshema Samithi. In the affidavit, it is stated that a
detailed review is required as to how much of money the
Kshethra Kshema Samithi has mobilised on its own to
implement various projects, in addition to the share from the
income generated from the Devaswom property. In the
affidavit, the additional 4th respondent has relied on the
decision of this Court in T. Krishnakumar v. Cochin
Devaswom Board [2022 (5) KHC SN 8 : 2022 (4) KLT
798], wherein it was held that while leasing out the buildings
owned by the Devaswoms, the Cochin Devaswom Board and
its officials have to ensure that proper income is generated
from the said buildings. In such transactions, the Board and
its officials have to show reasonable diligence in the manner
of an ordinary prudent man of business to conduct his own
affairs.
21. Along with a memo dated 29.03.2023 filed by the learned
Senior Government Pleader, a copy of
G.O(Rt)No.897/2013/LSGD dated 03.04.2013 issued by the
Local Self Government Department is placed on record. The
said Government Order reads thus:
"ORDER
The Secretary, Corporation of Kochi, as per letter read
as 2nd paper above, has requested to give Government
sanction to transfer the land popularly known as
Ernakulathappan Ground owned by Kochi Corporation
to Siva Kshetra Samithi, Ernakulam.
DBP No.41/2022 14 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
2) The Hon'ble High Court vide order read as 1st paper
above has directed the Secretary, Kochi Corporation
to execute the sale deed between Kochi Corporation
and Ernakulam Siva Kshetra Samithi within one
month of the receipt of the judgment. Also the Hon'ble
High Court in its order dated 07.02.2013 and
22.02.2013 in DBP No.28 of 2010 has again directed
to take urgent steps as per the order dated
05.12.2012.
3) After having examined the matter, the Government
are pleased to accord permission to dispose the land,
popularly known as Ernakulathappan Ground, owned
by Kochi Corporation to Siva Kshetra Samithi,
Ernakulam, as contemplated in Section 215 of Kerala
Municipality Act to fulfill obligations of the Corporation
as per the agreement with the Siva Kshetra Samithi."
(underline supplied)
22. Section 76A of the Travancore-Cochin Hindu Religious
Institutions Act deals with formation of Temple Advisory
Committee in temples under the management of the Cochin
Devaswom Board. As per sub-section (1) of Section 76A, 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 76A, the Temple Advisory Committee
constituted under sub-section (1) may be approved by the
Board. As per sub-section (3) of Section 76A, the composition
of a Temple Advisory Committee under sub-section (1) shall
be such as may be prescribed by rules made by the Board,
not inconsistent with any practice, prevailing, if any. In terms
of the provisions under sub-section (3) of Section 76A, the
Cochin Devaswom Board has framed the rules (bye-laws)
DBP No.41/2022 15 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
regarding formation of Temple Advisory Committees in
temples under its management.
23. In Major Vellayani Devi Temple Advisory Committee
v. State of Kerala [2023 (2) KHC 290], in the context of
Section 31A of the Travancore-Cochin Hindu Religious
Institutions Act and the Rules framed by the Travancore
Devaswom Board under sub-section (3) of Section 31A for the
formation of Temple Advisory Committees in temples under
its management, which are pari materia to the provisions
under Section 76A of the Act and the Rules framed by the
Cochin Devaswom Board under sub-section (3) of Section 76A
for the formation of Temple Advisory Committees in temples
under its management, a Division Bench of this Court, in
which both of us were parties, held that 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 Travancore Devaswom Board shall manage
the properties and affairs of Major Vellayani Devaswom and
arrange for the conduct of the daily worship and ceremonies
and of 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 is duty bound to render
necessary assistance to the Board and its officials for the
smooth functioning of the temple activities and festivals
DBP No.41/2022 16 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
according to the usage.
24. In view of the provisions under the Travancore-Cochin
Hindu Religious Institutions Act, the Cochin Devaswom Board
is duty bound to see that the regular traditional rites and
ceremonies according to the practice prevalent in Ernakulam
Siva Temple are performed promptly; and to establish and
maintain proper facilities in Ernakulam Siva Temple for the
devotees. Subject to the provisions of Part I of the Act and
the Rules made thereunder, the Cochin Devaswom Board shall
manage the properties and affairs of Ernakulam Siva Temple
and arrange for the conduct of the daily worship and
ceremonies and of festivals in the said temple according to
the usage. The Temple Advisory Committee of Ernakulam
Siva Temple, which consists of devotees who fall under the
prescribed eligibility criteria 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.
25. From the judges' papers in DBA No.4 of 2016, we notice
that by an order dated 23.01.2016 of the 2nd respondent
Cochin Devaswom Board, which is marked as Annexure B in
the said DBA, Ernakulam Kshethra Kshema Samithi has been
granted the status of the Temple Advisory Committee of
Ernakulam Siva Temple, for the purpose of granting the said
Samithi an opportunity to complete the renovation of the
temple pond, office building, etc., subject to the approval of
this Court. Based on that order, the Cochin Devaswom Board
filed DBA No.4 of 2016 producing therewith Annexure C letter
dated 29.02.2016 of Ernakulam Kshethra Kshema Samithi
furnishing the details of its office bearers. In that DBA, this
Court granted approval to the decision taken by the Cochin
DBP No.41/2022 17 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Devaswom Board permitting Ernakulam Kshethra Kshema
Samithi to function as the Temple Advisory Committee of
Ernakulam Siva Temple.
26. From the affidavits placed on record by the 2nd respondent
Cochin Devaswom Board and the 3rd respondent Ernakulam
Kshethra Kshema Samithi, we notice that the Samithi is a
society registered under the Travancore-Cochin Literary,
Scientific and Charitable Societies Registration Act. The
auditing of the accounts of the Samithi, which is functioning
as the Temple Advisory Committee of Ernakulam Siva Temple,
is governed by the provisions under the said Act and audited
accounts are being filed before the concerned Sub Registrar.
It appears that the accounts of the 3rd respondent Kshethra
Kshema Samithi are not being subjected to Devaswom Audit
and Local Fund Audit, as in the case of other Temple Advisory
Committees in the temples under the management of the
Cochin Devaswom Board. If, as a matter of fact, the audit
team from the Office of the Deputy Director, Kerala State
Audit Department was not provided with the necessary
documents when they visited the Office of the Samithi on
14.11.2016 to verify the income and expenditure account of
the land purchase, it is a serious issue, which requires
detailed consideration by this Court. Clause (25) of the Rules
(Bye-laws) framed by the Cochin Devaswom Board for the
formation of Temple Advisory Committees in temples under
its management, enables the Board to grant approval for a
Samithi functioning in a temple, as the Temple Advisory
Committee of that temple. A reading of the provisions under
clause (25) makes it explicitly clear that the power of the
Board under the said clause cannot be exercised as a matter
of course. For granting such approval, the Board has to state
DBP No.41/2022 18 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
sufficient reasons, which is the mandate of the said clause.
Moreover, the functioning of the said Samithi shall be in
conformity with the provisions in the Rules (Bye-laws) framed
by the Board for the formation of Temple Advisory
Committees in temples under its management. Clause (6) of
the Rules (Bye-laws) makes specific provisions for the audit
of the accounts of the Temple Advisory Committees, which
has to be submitted before the Board, through the concerned
Assistant Commissioner, within the prescribed time limit.
Thereafter, the audited accounts have to be published in the
notice board of the temple. The averments in the affidavit
filed on behalf of the 2nd respondent Board and the 3rd
respondent Kshethra Kshema Samithi would indicate that the
audit of the accounts of the Kshethra Kshema Samithi is not
in terms of the provisions under clause (6) of the Rules (Bye-
laws).
27. We notice the stand taken by the 3rd respondent Kshethra
Kshema Samithi, in the affidavit dated 23.03.2023 that, by
acknowledging and accepting the right of the Kshethra
Kshema Samithi over the ground, the Samithi was permitted
by the Board to conduct trade fairs on the ground, by sharing
the income derived out of it. As already noticed hereinbefore,
Ernakulathappan ground was purchased utilising the funds of
the devotees based on a Scheme 'Ernakulathappanu Oradi
Mannu' (One foot land for Lord Siva of Ernakulam Siva
Temple). The 3rd respondent Kshethra Kshema Samithi
cannot claim any right whatsoever over Ernakulathappan
ground, which was purchased utilising the funds of the
devotees under the aforesaid Scheme. The Kshethra Kshema
Samithi, which is claiming the status of a Temple Advisory
Committee, on the strength of the approval granted by the
DBP No.41/2022 19 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Board in Annexure B order dated 23.01.2016 in DBA No.4 of
2016, cannot even share the income generated from
Ernakulathappan ground, which is a Devaswom land, i.e., the
property of the Deity, which is managed by the 2nd respondent
Cochin Devaswom Board as a trustee and the Board has to
protect and safeguard the properties of the Deity. In view of
the law laid down by this Court in T. Krishnakumar [2022
(5) KHC SN 8 : 2022 (4) KLT 798] the Board and its
officials have to ensure that proper income is generated from
the said land.
28. Along with a memo dated 12.04.2023 filed by the learned
Standing Counsel for Cochin Devaswom Board, an order
dated 12.04.2023 of the Board is placed on record, which
reads thus;
"സൂചന- 1. ഉത്തരവ് നമ്പർ-എ5-1471/07 തിയ്യതി-
23/12/2020
2. DBP No.41/2022 & DBP No.65/2022
3. തൃപ്പൂണിത്തുറ അസിസ്റ്റന്റ് കമ്മീഷണറുടെ 01/02/2020 ടെ
എം4-7/13-ാോാം നമ്പർ റിപ്പ്പോർട്ട്
4. എറണോകുളം പ്േത്ത പ്േമ സമിതിയുടെ 20/10/22 ടെ
അപ്േേ
5. ബഹു. പ്ബോർഡിന്റടറ 10/04/23 ടെ 7-ാോാം നമ്പർ തീരുമോനം
ഉത്തരവ് നമ്പർ എ5-1471/07 തിയതി - 12/04/2023
എറണോകുളത്തപ്പൻ ത്രൗണ്ടിന്റടറ വരുമോന വിഹിതം സംഖ്യ
പ്േത്ത സമിതിക്ക് നൽകുന്നതുമോയി ബന്ധടപ്പട്ട സൂചന (1)
ഉത്തരവ് ത്േകോരമുള്ള എത്രിടമന്ററിന്റടറ കോെോവധി 2022
ഡിസംബർ 31 ന്റ അവസോനിച്ചിട്ടുള്ളതോണ്.
എറണോകുളത്തപ്പൻ ത്രൗണ്ടിന്റടറ വോെകയുടെ നിെവിടെ
അനുേോതം 2025 ഡിസംബർ വടര നിെനിർത്തി തരണടമന്ന്
സൂചന (4) ത്േകോരം അപ്േേ സമർപ്പിച്ചിട്ടുള്ളതോണ്.
നിെവിൽ എറണോകുളം പ്േത്തത്തിടെ പ്േത്തപ്േമ
സമിതിയുടെ കോെോവധി അവസോനിച്ചിട്ടുള്ളതിനോൽ
DBP No.41/2022 20 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
എറണോകുളത്തപ്പൻ ത്രൗണ്ടിന്റപ്റയും, ഹോളിന്റടറയും വോെക
വരുമോനം ടകോച്ചിൻ പ്േവസവം പ്ബോർഡ് പ്നരിട്ട്
ഏടെെുക്കുന്നതിന്റ തീരുമോനിച്ച് സൂചന (5) ത്േകോരം
ഉത്തരവോകുന്നു."
29. In view of the aforesaid order dated 12.04.2023 of the
2nd respondent Cochin Devaswom Board and the Devaswom
Officer of Ernakulam Siva Temple shall have absolute control
over Ernakulathappan ground, hall, koothambalam, etc. The
Board and its officials, including the concerned Devaswom
Officer shall protect, safeguard and manage Ernakulathappan
ground, hall, koothambalam, etc., taking note of the law laid
down by this Court in T. Krishnakumar [2022 (5) KHC SN
8 : 2022 (4) KLT 798]. Ernakulathappan ground shall be
maintained as such, without any permanent constructions
whatsoever. The said ground shall be maintained clean and
tidy. In the maintenance and management of
Ernakulathappan ground, hall, koothambalam, etc., the Board
and its officials have to show reasonable diligence in the
manner of an ordinary prudent man of business to conduct
his own affairs. Any default on the part of the Board and its
officials in this regard would certainly amount to breach of
trust.
30. The learned Senior Government Pleader would submit
that some more time is required to file affidavit on behalf of
the additional 5th respondent, explaining the facts and
circumstances in which G.O(Rt)No.897/2013/LSGD dated
03.04.2013 has been passed by the said respondent, which
is not in tune with the direction contained in the order of this
Court dated 05.12.2012 in DBP No.28 of 2010.
31. The learned Standing Counsel for Cochin Devaswom
Board shall make available for the perusal of this Court the
DBP No.41/2022 21 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
entire files relating to Annexure B order dated 23.01.2016 of
the Board in DBA No.4 of 2016 granting Ernakulam Kshethra
Kshema Samithi the status of Temple Advisory Committee of
Ernakulam Siva Temple.
32. The 3rd respondent Kshethra Kshema Samithi shall file an
additional affidavit explaining the present stage of the
renovation of temple pond, office building, etc., referred to in
Annexure B order dated 23.01.2016 in DBA No.4 of 2016 and
also the amount contributed by the Samithi, other than their
share in the income generated from Ernakulathappan ground,
for the renovation of temple pond, office building, etc. A copy
of the bye-laws of the Kshethra Kshema Samithi shall also be
placed on record along with the said affidavit."
9. The order dated 12.04.2023 was followed by the order
dated 24.05.2023 in DBP No.41 of 2022. The said order read thus;
"In terms of the order of this Court dated 12.04.2023, the 2nd
respondent has filed an additional affidavit. The learned
Senior Counsel would submit that the additional affidavit of
the 3rd respondent Samithi shall be placed on record within a
week.
As already noticed in the order dated 12.04.2023, the land in
question was acquired under a project, by the name,
'Ernakulathappanu Oradi Mannu' (One-foot land for Lord Siva
of Ernakulam Siva Temple). The 1st respondent Cochin
Devaswom Board and also the 3rd respondent Temple
Advisory Committee shall furnish a statement of account of
the income generated from Ernakulathappan ground in the
last 5 years and the amount utilised in the last 5 years for the
repair, maintenance or development works in Ernakulam Siva
Temple. The Assistant Commissioner (Valuables), Cochin
DBP No.41/2022 22 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Devaswom Board shall conduct an inspection in the temple in
question and submit a report before this Court, within three
weeks, as to the present condition of Thiruvabharanam and
other valuables. The Assistant Engineer, Thripunithura Group
in the Maramath Wing of the Cochin Devaswom Board shall
conduct an inspection and submit another report regarding
the pending repair works in respect of the temple structure."
10. On 22.06.2023, when DBP No.41 of 2022 and
W.P.(C)No.15798 of 2023 came up for consideration, an additional
affidavit dated 20.06.2023 on behalf of the Cochin Devaswom Board
was placed on record in the DBP, producing therewith Annexures
R2(bl) to R2(br) documents. The Kshethra Kshema Samithi has also
filed an additional affidavit dated 22.06.2023 in the DBP, producing
therewith Annexures R3(c) to (e) documents. In W.P.(C)No.15798
of 2023, the Kshethra Kshema Samithi has filed a reply affidavit
dated 22.06.2023 to the counter affidavit filed on behalf of the
Cochin Devaswom Board, producing therewith Ext.P7 document.
11. The document marked as Annexure R2(bh) along with
the additional affidavit dated 23.05.2023 filed on behalf of the
Cochin Devaswom Board in the DBP was a copy of the report dated
14.05.2023 of the Devaswom Officer, Ernakulam Devaswom, to the
Assistant Devaswom Commissioner, Thripunithura Group, enclosing
therewith a copy of the request dated nil made by the Managing
Director of Redline Enterprises Private Limited, addressed the
DBP No.41/2022 23 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Devaswom Officer, for refund of an advance payment of
Rs.1,00,000/- for conducting CONFEST-2023 in Ernakulathappan
Ground. A copy of receipt No.12955 dated 10.01.2023 issued by the
3rd respondent Kshethra Kshema Samithi acknowledging the receipt
of a sum of Rs.1,00,000/- towards ground rent advance was also
enclosed along with that request. In the reports placed on record as
Annexures R2(bf) and R2(bg) the Devaswom Officer has expressed
his concern regarding the non-cooperation of the Kshethra Kshema
Samithi in implementing Annexure R2(bc) order dated 12.04.2023
of the Board, whereby the Board has decided not to extend the term
of rent sharing agreement with the Kshethra Kshema Samithi. The
Devaswom Officer in Annexure R2(bj) report dated 17.05.2023 has
expressed his concern regarding the meetings convened by the
Kshethra Kshema Samithi in the temple premises, along with
another organisation. A complaint dated 16.05.2023 received from
one P.D.Somakumar and another is enclosed along with the said
report. The document marked as Annexure R2(bk) in the additional
affidavit dated 23.05.2023 is a notice published by the Kshethra
Kshema Samithi regarding 'Sarpabali' conducted in the temple on
21.05.2023, without obtaining any permission from the Board or the
Devaswom Officer.
12. In terms of the direction contained in the order dated
DBP No.41/2022 24 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
24.05.2023 the Cochin Devaswom Board has placed on record
Annexure R2(bl) report dated 19.06.2023 of the Devaswom Officer
showing the income received by the Board from Ernakulathappan
Ground, through the Kshethra Kshema Samithi, for the year 2018-
2022 and also the amount spent by the Board for Ernakulam Siva
Temple for various activities. The document marked as Annexure
R2(bm) is a report dated 19.06.2023 of the Assistant
Commissioner (Valuables), wherein it is stated that despite the
request made by the Devaswom Officer in writing to open the
storeroom, which is in the possession of the Kshethra Kshema
Samithi, for carrying out inspection on 14.06.2023 at 11.00 a.m.,
the Kshethra Kshema Samithi refused to open the storeroom. The
Devaswom Officer reported the said fact to the Assistant
Commissioner, vide Annexure R2(bn) report dated 15.06.2023. The
said report was followed by Annexure R2(bp) report dated
29.05.2023, wherein it was pointed out that the Kshethra Kshema
Samithi has not handed over the key of the kitchen as well as the
storeroom to the Devaswom Officer. The said report was followed
by Annexure R2(bq) report dated 03.06.2023.
13. The document marked as Annexure R2(bo) is a report
dated 19.06.2023 of the Assistant Engineer, Thripunithura Group
regarding pending repair works in respect of Ernakulam Siva
DBP No.41/2022 25 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Temple. The document marked as Annexure R2(br) is a report
dated 09.06.2023 of the Devaswom Officer to the Assistant
Devaswom Commissioner regarding boards put up by the Kshethra
Kshema Samithi for conducting 'Ashtadravya Mahaganapathy
Homam' in Ernakulam Siva Temple on 15.08.2023. A few
photographs of the boards exhibited by the Kshethra Kshema
Samithi in the temple premises are enclosed along with that report.
One such photograph reproduced in paragraph 8 of the order of
this Court dated 22.06.2023 is reproduced hereunder;
14. The specific stand taken by the Cochin Devaswom Board
in the additional affidavit dated 20.06.2023 is that though it is
stated in the boards exhibited in the temple premises that
'Ashtadravya Mahaganapathy Homam' is being conducted in
association with the Cochin Devaswom Board, the Board never
permitted the Kshethra Kshema Samithi to conduct 'Ashtadravya
DBP No.41/2022 26 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Mahaganapathy Homam' in the temple or to collect money from
the devotees. The Board was not even informed about the conduct
of 'Ashtadravya Mahaganapathy Homam' by the Kshethra Kshema
Samithi. In the said affidavit it is stated that the attempt of the
Kshethra Kshema Samithi is to create misunderstanding in the
mind of the devotees and unpleasant scene in the temple premises.
The Board or its officials did not object 'Sarpabali' conducted by the
Kshethra Kshema Samithi on 21.05.2023, as evidenced by
Annexure R2(bk) notice, only to avoid such situations.
15. In terms of the direction contained in the order dated
12.04.2023, an affidavit dated 22.06.2023 was filed on behalf of
the Kshethra Kshema Samithi, wherein it is stated that 90% work
of the Devaswom Office building has been completed, as stated in
Annexure R3(c) status report. The work in respect of the temple
pond has already been completed. In addition to that, certain other
works stated in paragraph 4 of the affidavit have also been
completed. The document marked as Annexure R3(d) is the
statement of accounts in respect of various activities undertaken
by the Kshethra Kshema Samithi, from the year 2017-18 onwards,
and the bye-laws of the Samithi is marked as Annexure R3(e).
16. By the order dated 22.06.2023 in DBP No.41 of 2022 and
W.P.(C)No.15798 of 2023, this Court restrained the Kshethra
DBP No.41/2022 27 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Kshema Samithi from conducting 'Ashtadravya Mahaganapathi
Homam' in Ernakulam Siva Temple or collecting money from the
devotees, without obtaining permission from the Cochin Devaswom
Board. The boards exhibited in the temple premises for collecting
money from the devotees for 'Ashtadravya Mahaganapathi Homam'
were directed to be removed forthwith. If not already handed over,
the Kshethra Kshema Samithi was directed to handover the key of
the kitchen and store room to the Devaswom Officer, immediately
on receipt of the said order, and thereafter the Assistant
Commissioner (Valuables) shall conduct an inspection of the
valuables, for submitting a report before this Court in terms of the
order dated 24.05.2023 in the DBP. It was also ordered that the
interim order granted in W.P.(C)No.15798 of 2023 on 12.05.2023,
which was extended for a period of two months on 24.05.2023,
shall continue to be in force; however, subject to the aforesaid
directions contained in the order dated 22.06.2023. Paragraphs 14
to 19 of the order dated 22.06.2023 read thus;
"14. It is not in dispute that for conducting rituals like
'Sarpabali' and 'Ashtadravya Mahaganapathi Homam' and for
collection of money from the devotees, the Temple Advisory
Committee constituted under Section 76A of the Act has to
obtain prior permission of the 2nd respondent Board, which is
the requirement of the provisions in the bye-laws framed
DBP No.41/2022 28 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
under sub-section (3) of Section 76A.
15. The specific stand taken in the additional affidavits filed
on behalf of the 2nd respondent Cochin Devaswom Board is
that the 'Sarpabali' conducted in Ernakulam Siva Temple on
21.05.2023 was one conducted by the 3rd respondent
Kshethra Kshema Samithi, without obtaining permission from
the Board or the Devaswom Officer. If, as a matter of fact, the
Kshethra Kshema Samithi conducted 'Sarpabali' in the temple
and collected money from the devotees without the
permission of the Board, it is an action of the said Samithi in
violation of the bye-laws, which cannot be viewed lightly.
16. Without obtaining permission from the Board, the
Kshethra Kshema Samithi cannot exhibit boards in the temple
premises, as seen in the photograph reproduced hereinbefore
at paragraph 8, regarding 'Ashtadravya Mahaganapathi
Homam' scheduled on 15.08.2023 or collect money from the
devotees.
17. The learned counsel for the Kshethra Kshema Samithi (3rd
respondent in the DBP and the petitioner in the writ petition)
seeks time to get instructions on the above aspects and also
various allegations contained in the additional affidavit dated
20.06.2023 filed on behalf of the 2nd respondent Board,
including the allegation that on 14.06.2023 at 11:00 a.m.,
when the Assistant Commissioner (Valuables) came for
inspection the Kshethra Kshema Samithi refused to open the
store room. Sri.Ajith Viswanathan, the learned counsel, seeks
an adjournment to 30.06.2023, pointing out the personal
inconvenience of the learned Senior Counsel for the Kshethra
Kshema Samithi, since his near relative is hospitalised.
18. Having considered the materials on record and also the
submissions made at the Bar, we deem it appropriate to
DBP No.41/2022 29 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
restrain the 3rd respondent Kshethra Kshema Samithi in DBP
No.41 of 2022 from conducting 'Ashtadravya Mahaganapathi
Homam' in Ernakulam Siva Temple or collecting money from
the devotees, without obtaining permission from the Cochin
Devaswom Board. The boards exhibited in the temple
premises for collecting money from the devotees for
'Ashtadravya Mahaganapathi Homam' shall be removed
forthwith. If not already handed over, the Kshethra Kshema
Samithi shall hand over the key of the kitchen and store room
to the Devaswom Officer, immediately on receipt of this order,
and thereafter the Assistant Commissioner (Valuables) shall
conduct an inspection of the valuables, for submitting a report
before this Court in terms of the order dated 24.05.2023 in
the DBP.
19. The interim order granted in W.P.(C)No.15798 of 2023 on
12.05.2023, which was extended for a period of two months
on 24.05.2023, shall continue to be in force, however, subject
to the aforesaid directions contained in this order."
17. In terms of the directions contained in the order dated
22.06.2023 an additional affidavit on behalf of the Cochin
Devaswom Board is placed on record. Paragraph 3 of the said
affidavit reads thus;
"3. While so, the Devaswom Officer, Ernakulam Devaswom
submitted a report dated 26.06.2023 to the Assistant
Commissioner, Thripunithura Group. In this regard, a true
copy of the report dated 26.06.2023 submitted by the
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group without the enclosures is
produced herewith and marked as Annexure R2(bs).
DBP No.41/2022 30 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Thereafter, another report was submitted by the Devaswom
Officer, Ernakulam Devaswom on 27.06.2023 to the Assistant
Commissioner, Thripunithura Group. In this regard, a true
copy of the report dated 27.06.2023 submitted by the
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group without the enclosures is
produced herewith and marked as Annexure R2(bt). The
Assistant Commissioner (Valuables) inspected the store room
on 27.06.2023 and submitted a report on 27.06.2023. In this
regard, a true copy of the report dated 27.06.2023 submitted
by Assistant Commissioner (Valuables), Cochin Devaswom
Board, Thrissur is produced herewith and marked as
Annexure R2(bu)."
18. In terms of the directions contained in the order dated
22.06.2023 and affidavit on behalf of the Kshethra Kshema Samithi
is placed on record, wherein it is stated that the Kshethra Kshema
Samithi has already removed the boards exhibited in the temple
premises for collecting money from devotees for Ashtadravya Maha
Ganapathi Homam on 22.06.2023 itself. The key of the kitchen was
handed over to the officials of the Board on 07.06.2023 itself and
the key of the store room was handed over on 27.06.2023.
19. On 03.07.2023, when DBP No.41 of 2022 and
W.P.(C)No.15798 of 2023 came up for consideration, during the
course of arguments, the learned Senior Government Pleader has
made available for the perusal of this Court the remarks of the
additional 4th respondent Deputy Director, on Annexure R3(d)
DBP No.41/2022 31 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
statement of accounts produced along with the affidavit of the
Kshethra Kshema Samithi, for the years 2016-17 to 2020-21. The
learned standing counsel for Cochin Devaswom Board and the
learned Senior Government Pleader pointed out that for the year
2018-19, the balance amount payable by the Kshethra Kshema
Samithi to the Cochin Devaswom Board towards the share of the
Board in the ground rent comes to Rs.9,00,450/-. For the year
2019-20 the balance amount payable comes to Rs.6,22,152/-; for
the year 2020-21 it comes to Rs.1,97,190/-; and for the year 2022-
23 it comes to Rs.14,09,256.40/-. Therefore, the total amount
payable by the Kshethra Kshema Samithi to the Cochin Devaswom
Board towards the share of the Board in the ground rent for the
period from 2018-19 to 2022-23 comes to Rs.31,29,048.40/-, going
by Annexure R3(d) statement of accounts produced by the Kshethra
Kshema Samithi. In addition to this, though the permission granted
in Annexure R2(aq) order dated 30.10.2018 was to share the
ground rent of Ernakulathappan ground and hall in the ratio 60:40
between the Kshethra Kshema Samithi and the Cochin Devaswom
Board till the completion of the construction of the office building or
for a period of two years, whichever is earlier, 'hoardings rent' for
the year 2018-19, 2020-21 and 2022-23 amounting to
Rs.1,50,000/-, Rs.2,39,000/- and Rs.2,39,000/- were collected by
DBP No.41/2022 32 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
the Kshethra Kshema Samithi, which ought to have been collected
by the Cochin Devaswom Board. In the order dated 03.07.2023, this
Court noticed that no register is being maintained by the Devaswom
Officer, Ernakulam Devaswom for various amounts collected by the
Kshethra Kshema Samithi, in terms of clause (2) of Annexure
R2(aq) order dated 30.10.2018.
20. On 03.08.2023, when DBP No.41 of 2023 and
W.P.(C)No.15798 of 2023 came up for consideration, the learned
Senior Counsel for the Kshethra Kshema Samithi pointed out the
interim order dated 21.07.2023 of the Apex Court in
SLP(C)No.14254 of 2023, which is one filed against the order dated
12.04.2023 in this DBP. The said order reads thus;
"Issue notice to the respondents, returnable in four weeks.
Until further orders, the observations made in Paras 27, 29,
31 and 32 of the impugned order shall remain stayed."
The learned Standing Counsel for Cochin Devaswom Board pointed
out that the order of this Court dated 12.04.2023 was followed by
the orders dated 22.06.2023, 03.07.2023, 07.07.2023 and
13.07.2023. In terms of the directions contained in the order dated
12.04.2023, the Cochin Devaswom Board placed on record
Annexure R2(bl) report dated 19.06.2023 of the Devaswom Officer,
showing the income received by the Board through the Kshethra
DBP No.41/2022 33 / 54
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DBP.Nos.41 of 2022 & 81 of 2023
Kshema Samithi, for the year 2018-22, and also the amount spent
by the Board for Ernakulam Siva Temple for various activities. The
files relating to the order dated 23.01.2016 in DBA No.4 of 2016
granting the Kshethra Kshema Samithi the status of Temple
Advisory Committee were made available for the perusal of this
Court on 07.07.2023. The learned Senior Counsel for the 3 rd
respondent Ernakulam Kshethra Kshema Samithi submitted that, in
terms of the directions contained in the order dated 12.04.2023, an
affidavit dated 22.06.2023 has been filed on behalf of the Kshethra
Kshema Samithi, wherein it is stated that 90% of the work of the
Devaswom office building has already been completed, as stated in
Annexure R3(c) status report, and the work in respect of the temple
pond and other works referred to in paragraph 4 of that affidavit
has already completed. Annexure R3(d) statement of accounts
produced along with the affidavit dated 22.06.2023 is in respect of
various activities undertaken by the Kshethra Kshema Samithi from
the year 2017-18 onwards and Annexure R3(e) is a copy of the bye-
laws of the Kshethra Kshema Samithi.
21. In the additional affidavit filed on behalf of the Cochin
Devaswom Board in support of I.A.Nos.3 and 4 of 2023 in DBP No.41
of 2022, Annexure R2(bx) email dated 05.08.2023 of a devotee of
Lord Ernakulathappan is placed on record, along with a screenshot
DBP No.41/2022 34 / 54
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regarding payment of an amount of Rs.600/- by that devotee to
Account No.917010066682675 in the name of 'Ernakulathappan
Siva Temple'. Annexure R2(bz) is a copy of report dated 05.09.2023
of the Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group, along with its enclosures,
including a letter dated 19.06.2023 of Ernakulam Kshethra Kshema
Samithi, addressed to the Devaswom Officer, which is in the
letterhead of the Samithi. In the letterhead, the address of the
website maintained by Ernakulam Kshethra Kshema Samithi is
printed as 'www.ernakulathappan.org'.
22. In the order dated 14.09.2023 in DBP No.41 of 2022, this
Court noticed that the Kshethra Kshema Samithi is maintaining a
website 'www.ernakulathappan.com', in which provision has been
made for the devotees to offer donations through online, in the
denominations of Rs.10,000/-, Rs.5,000/-, Rs.1,000/-, Rs.500/-
and Rs.100/-, in relation to the temple festival of the year 2023.
Two screenshots of the web page, which are already reproduced in
paragraph 2 of the order dated 14.09.2023, are reproduced
hereunder;
DBP No.41/2022 35 / 54
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DBP.Nos.41 of 2022 & 81 of 2023
DBP No.41/2022 36 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
23. In the order dated 14.09.2023 in DBP No.41 of 2022,
this Court noticed that a Temple Advisory Committee in a temple,
which is under the management of the Cochin Devaswom Board,
which is governed by the provisions under the bye-laws (Rules)
framed under sub-section (3) of Section 76A of the Travancore-
Cochin Hindu Religious Institutions Act, 1950, which was approved
by this Court in the order in DBP No.78 of 2011, can collect money
from the devotees only with the prior permission of the Board. In
the order dated 22.06.2023, this Court restrained the Kshethra
Kshema Samithi from conducting 'Ashtadravya Mahaganapathy
Homam' in Ernakulam Siva Temple or collecting money from the
devotees without obtaining permission from the Cochin Devaswom
Board. The boards exhibited in the temple premises by the Kshethra
DBP No.41/2022 37 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Kshema Samithi for collecting money from the devotees, in
connection with the aforesaid Homam, were directed to be removed.
On 14.09.2023, the learned counsel for the Kshethra Kshema
Samithi sought time to get instructions, to explain the
circumstances in which QR Codes were exhibited on the temple
premises for collecting money from the devotees, and whether prior
permission of the Board was obtained for hosting a website in the
name of the deity, with facilities for online payment of donations by
the devotees.
24. On 25.09.2023, when DBP No.41 of 2022 came up for
consideration, a reply affidavit was filed on behalf of the Kshethra
Kshema Samithi, wherein it is stated that 'QR Codes' exhibited in
the premises of Ernakulam Siva Temple were for the devotees to
make payments to the account of the Kshethra Kshema Samithi.
The submission of the learned Senior Counsel for the Kshethra
Kshema Samithi was that no money was collected from the devotees
through Google Pay for performing Vazhipadu in Ernakulam Siva
Temple and that facility was provided for making contributions to
the Kshethra Kshema Samithi during temple festivals. After the
order of this Court dated 22.06.2023, no money is being collected
through 'Google Pay' to the account of the Kshethra Kshema
Samithi. Regarding the website 'www.ernakulathappan.com' hosted
DBP No.41/2022 38 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
by the Kshethra Kshema Samithi, in the name of the Deity, the
learned Senior Counsel submitted that the website was not updated
after February, 2023. For hosting that website in the name of the
Deity, with a provision for accepting contributions or donations from
devotees, no permission from the Cochin Devaswom Board was
obtained.
25. In the order dated 25.09.2023, this Court noticed the
submission of the learned Standing Counsel for Cochin Devaswom
Board that as per the bye-laws (Rules) framed under sub-section
(3) of Section 76A of the Travancore-Cochin Hindu Religious
Institutions Act, 1950, a Temple Advisory Committee can collect any
money from the devotees only with the prior permission of the
Board, against sealed coupons issued by the Cochin Devaswom
Board.
26. In the order dated 25.09.2023, this Court noticed the
submission of the learned Senior Government Pleader that, in terms
of the directions contained in the order dated 12.04.2023, along
with the affidavit filed by the Kshethra Kshema Samithi, Annexure
R3(d) statement of accounts in respect of various activities
undertaken by the Samithi from 2017-18 onwards was placed on
record. The Board has also placed on record Annexure R2(bl) report
dated 19.06.2023 of the Devaswom Officer showing the income
DBP No.41/2022 39 / 54
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DBP.Nos.41 of 2022 & 81 of 2023
received by the Board through the Kshethra Kshema Samithi for the
year 2018-22 and also the amount spent by the Board for
Ernakulam Siva Temple for various activities. In the order dated
03.07.2023, this Court noticed that the total amount payable by the
Kshethra Kshema Samithi to the Cochin Devaswom Board towards
the share of the Board in the ground rent for the period from 2018-
19 to 2022-23 comes to Rs.31,29,048.40, going by Annexure R3(d)
statement of account produced by the Kshethra Kshema Samithi.
The Kshethra Kshema Samithi has to pay 18% interest for the
defaulted payments, from the respective due dates commencing
from the period 2018-19. No steps were taken by the Cochin
Devaswom Board to recover the said amount from Kshethra Kshema
Samithi. On 25.09.2023, the learned Standing Counsel for Cochin
Devaswom Board sought time to get instructions as to whether any
notice had already been issued to the Kshethra Kshema Samithi,
demanding payment of the said amount.
27. On 13.11.2023, Ernakulam Kshethra Kshema Samithi
filed I.A.No.4 of 2023 in W.P.(C)No.15798 of 2023, seeking an order
to accept Ext.P8 representation dated 23.10.2023 submitted before
the President of the Cochin Devaswom Board as an additional
document, which is one submitted in connection with the annual
festival of Ernakulam Siva Temple, which is scheduled to commence
DBP No.41/2022 40 / 54
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on 16.01.2024. On 14.11.2023, the 1st respondent filed a counter
affidavit dated 13.11.2023 in I.A.No.4 of 2023, producing therewith
Ext.R1(al) order dated 27.10.2023 of the Cochin Devaswom Board,
whereby the Board has taken a decision to conduct the annual
festival of Ernakulam Siva Temple for the year 1199 ME directly. The
Devaswom Officer, Ernakulam Devaswom has been authorised to
take necessary steps for conducting the annual festival and the
Devaswom Commissioner has been authorised to send an officer on
deputation for the conduct of the annual festival. The Devaswom
Officer has also been authorised to collect contributions towards the
festival fund. Based on Ext.R1(al) order, the Devaswom
Commissioner, by Ext.R1(am) order dated 04.11.2023, deputed Biju
R. Pillai, Assistant Commissioner, Chottanikkara and Biju P.B.,
Devaswom Officer, Nelluvaya Devaswom, as the Special Officers for
conducting the annual festival of Ernakulam Siva Temple. The
document marked as Ext.R1(an) is a copy of the reply dated
07.11.2023 submitted by the Kshethra Kshema Samithi to the letter
dated 04.11.2023 of the Devaswom Officer, Ernakulam Devaswom,
whereby the Samithi was required to pay an amount of
Rs.31,29,048.40 referred to in the said notice. In Ext.R1(an) reply,
the stand taken by the Kshethra Kshema Samithi is that after
deducting a total sum of Rs.17,08,352/- payable by the Board to
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DBP.Nos.41 of 2022 & 81 of 2023
the Samithi in connection with the annual festivals for the years
2020, 2021, 2022 and 2023, the balance amount payable by the
Samithi to the Board is only Rs.14,20,696/-, as against the demand
of Rs.31,29,048.40 made in the letter dated 04.11.2023 of the
Devaswom Officer, Ernakulam Devaswom, towards the share of the
Board in the ground rent for the period from 2018-19 to 2022-23.
In order to meet the allegation in the affidavit filed in support of
I.A.No.4 of 2023 that the Devaswom Board did not spend any
amount for the conduct of the annual festival of the year 1198 ME,
the Board has placed on record Ext.R1(ao) receipt dated 26.02.2023
of the Kshethra Kshema Samithi, acknowledging the receipt of
Rs.12,81,250/- from the Cochin Devaswom Board in connection
with the said annual festival.
28. We do not propose to consider the dispute raised by
Ernakulam Kshethra Kshema Samithi as to the actual amount
payable to the Cochin Devaswom Board, i.e., whether it is
Rs.31,29,048.40 as stated in the letter dated 04.11.2023 of the
Devaswom Officer, Ernakulam Devaswom, or Rs.14,20,696/-, as
stated by the Kshethra Kshema Samithi in Ext.R1(an) reply dated
07.11.2023. On 08.11.2023, when I.A.No.5 of 2023 in DBP No.41
of 2023 filed by the Kshethra Kshema Samithi, seeking an order
directing the Cochin Devaswom Board and its officials, to handover
DBP No.41/2022 42 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
a set of keys of Ernakulathappan hall, Koothambalam, etc., to the
Kshethra Kshema Samithi and make payment of the proportionate
share of 30% of the income generated from Ernakulathappan
ground, hall, Koothambalam, etc., to the Samithi from 12.04.2023
till date and vacate the restriction imposed on the Kshethra Kshema
Samithi in collecting the donations from the devotees or in the
alternative to direct the Cochin Devaswom Board to control and
manage the affairs of Gosala, came up for consideration, the learned
Senior Counsel for the Kshethra Kshema Samithi submitted that,
since the issue in respect of sharing the income from
Ernakulathappan Ground is now pending before the Apex Court in
SLP(C)No.14254 of 2023, the Samithi, for the time being, is not
pressing for the reliefs sought for in this interlocutory application,
except the alternative direction sought for against the Cochin
Devaswom Board in respect of Gosala.
29. On the above aspect, the learned Standing Counsel for
the Cochin Devaswom Board pointed out the stand taken in
paragraph 6 of the counter affidavit in I.A.No.5 of 2023, which reads
thus;
"6. It is submitted that in paragraph 4 of the affidavit, it is
conceded that the Gosala is presently managed by the
petitioner/3rd respondent and the same has not been taken
DBP No.41/2022 43 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
control by the 2nd respondent in spite of repeated request
from the side of the 3rd respondent. It is submitted that at
any point of time the 3rd respondent has not made any such
request as alleged in paragraph 4 of the affidavit. Had the
petitioner made any such request the Devaswom ought to
have taken care of the Gosala and managed it properly. It is
submitted that Devaswom is prepared to take care of the
Gosala and the cows in a proper way. The contention that
running of Gosala includes expenses including that of fodder,
cattle feed, grass, etc., and the 3rd respondent is taking care
and managing the affairs of the Gosala even today is totally
misconceived. The contention of the 3rd respondent/
petitioner that in view of the interim order dated 22.06.2023
restraining them from collecting money from the devotees
without obtaining permission from the 2nd respondent is
causing difficulties to them to handle the affairs of the Gosala
is incorrect. Since the 3rd respondent was restrained from
collecting money from devotees they find it difficult to
manage the affairs of the Gosala due to paucity of funds is
totally misleading. The request of the 3rd respondent to
vacate the restriction imposed in the order dated 22.06.2023
from collecting money from the devotees is liable to be
rejected and the said prayer would clearly show the attempt
of the petitioner/3rd respondent in DBP. It is submitted that
the additional 6th respondent submitted a report dated
19.09.2023 to the Assistant Commissioner, Thripunithura
Group regarding the affairs of Gosala. In this regard true
copy of the report dated 19.09.2023 submitted by the
additional 6th respondent to the Assistant Commissioner,
Thripunithura Group is produced herewith and marked as
Annexure R2(cf). It is submitted that the said report may be
DBP No.41/2022 44 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
read as part of this counter affidavit."
30. By the order dated 08.11.2023 in I.A.No.5 of 2023 in
DBP No.41 of 2023, the Cochin Devaswom Board was directed to
take a decision on the management of the Gosala in Ernakulam Siva
Temple, based on Annexure R2(cf) report dated 19.09.2023
submitted by the Devaswom Officer, Ernakulam Devaswom to the
Assistant Commissioner, Thripunithura Group, as expeditiously as
possible, at any rate, within a period of one week.
31. A Temple Advisory Committee in a temple under the
management of the Cochin Devaswom Board is constituted under
the provisions of Section 76A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950, in order to ensure the participation
of Hindu devotees. The said provision is pari materia with the
provisions under Section 31A of the said Act, which deals with the
constitution of Temple Advisory Committees in temples under the
management of the Travancore Devaswom Board. A copy of the
Rules (bye-laws) framed by the Cochin Devaswom Board, under
sub-section (3) of Section 76A of the Act for the formation of Temple
Advisory Committees in the temples under its management, which
has been approved by this Court by the order in DBP No.78 of 2011,
is placed on record as Ext.R1(y) in W.P.(C)No.15798 of 2023.
32. Rule 10 of Ext.R1(y) Rules deals with office bearers of
DBP No.41/2022 45 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
the Temple Advisory Committee and their duties. Clause (6) of Rule
10 makes it explicitly clear that the audited accounts of the Temple
Advisory Committee have to be submitted before the Board,
through the Assistant Devaswom Commissioner and the Devaswom
Officer, after the accounts are verified by the Auditor appointed in
terms of the said clause, by the end of every financial year. The
audited accounts have also to be published on the notice board of
the temple.
33. In the instant case, it is not in dispute that Kshethra
Kshema Samithi failed to submit before the Devaswom Officer,
Ernakulam Devaswom, the audited accounts for the years 2016-17,
2017-18, 2018-19, 2019-20 and 2020-21, within the time limit
specified in clause (6) of Rule 10 of Ext.R1(y) Rules, i.e., by the end
of each financial year. The Kshethra Kshema Samithi was granted
the status of Temple Advisory Committee, invoking the provisions
under Rule 25 of the said Rules, as evidenced by the order of this
Court dated 18.05.2016 in DBA No.4 of 2016, a copy of which is
marked as Ext.P2 in W.P.(C)No.15798 of 2023. The learned Standing
Counsel for the Cochin Devaswom Board would submit that till the
year 2015-16, when the Kshethra Kshema Samithi was granted
permission to function as the Temple Advisory Committee of
Ernakulam Siva Temple, the audited accounts were submitted
DBP No.41/2022 46 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
before the Devaswom Officer, Ernakulam Devaswom for statutory
audit by the Audit Wing of the Cochin Devaswom Board. The learned
Senior Counsel for the Kshethra Kshema Samithi would submit that
the audited accounts of the Samithi for the years 2016-17, 2017-
18, 2018-19, 2019-20 and 2020-21 were not submitted before the
Devaswom Officer, Ernakulam Devaswom, instead, the audited
accounts were submitted before the Registrar of Societies, since the
Samithi being a Society registered under the Travancore-Cochin
Literary, Scientific and Charitable Societies Registration Act, 1955.
After the order of this Court dated 30.03.2023 in DBP No.41 of 2022,
audited accounts of the Samithi for the years 2016-17, 2017-18,
2018-19, 2019-20 and 2020-21 were submitted before the Deputy
Director, State Audit Department, Cochin Devaswom Board Audit,
along with Ext.P7 covering letter dated 10.04.2023 in
W.P.(C)No.15798 of 2023.
34. From the pleadings and materials on record and the
submissions made at the Bar, we notice that the Kshethra Kshema
Samithi failed to submit its audited accounts for the years 2016-17,
2017-18, 2018-19, 2019-20 and 2020-21 before the Devaswom
Officer, Ernakulam Devaswom, within the time limit specified in
clause (6) of Rule 10 of Ext.R1(y) Rules, i.e., by the end of each
financial year, for onward transmission to the Assistant Devaswom
DBP No.41/2022 47 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
Commissioner, Thripunithura Group, for statutory audit by the Audit
Wing of the Cochin Devaswom Board. After such statutory audit, the
audit report of the Audit Wing, which forms part of the audited
accounts of Ernakulam Devaswom, will have to be forwarded to the
Deputy Director, Kerala State Audit Department, Cochin Devaswom
Board Audit, for statutory audit. It is not discernible from the
pleadings and materials on record as to whether the failure of the
Kshethra Kshema Samithi to submit audited accounts for the years
2016-17, 2017-18, 2018-19, 2019-20 and 2020-21, before the
Devaswom Board was noted as an audit objection for those years,
either by the Audit Wing of the Cochin Devaswom Board or the
Deputy Director, Kerala State Audit Department, Cochin Devaswom
Board Audit. The learned Standing Counsel for the Cochin
Devaswom Board seeks time to get instructions on the above
aspects.
35. In Major Vellayani Devi Temple Advisory
Committee v. State of Kerala [2023 (2) KHC 290], in the
context of Section 31A of the said Act, this Court held that the role
of a Temple Advisory Committee in a temple under the management
of the Travancore Devaswom Board is to render necessary
assistance to the Board and its officials for the smooth functioning
of the temple activities and the conduct of festivals according to the
DBP No.41/2022 48 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
usage of that temple. The Board has to manage the properties and
affairs of the temple and arrange for the conduct of the daily worship
and ceremonies and of the festivals in the temple according to the
usage.
36. The law laid down by this Court in Major Vellayani Devi
Temple Advisory Committee [2023 (2) KHC 290] has
application with equal force in temples under the management of
Cochin Devaswom Board, in which Temple Advisory Committees
are constituted under Section 76A of the Act.
37. Being a Temple Advisory Committee in Ernakulam Siva
Temple under the management of the Cochin Devaswom Board, the
activities of Ernakulam Kshethra Kshema Samithi have to be strictly
in terms of the provisions contained in Ext.R1(y) Rules framed under
Sub-section (3) of Section 76A of the Act. Rule 20 of the said Rules
imposes a restriction on the Temple Advisory Committee from
collecting money from the devotees, without prior permission of the
Board. The said Rule makes it explicitly clear that the Temple
Advisory Committee cannot collect money from the devotees in the
name of any Vazhipadu or offer parallel Vazhipadu to the devotees
in the temples under the management of Cochin Devaswom Board.
The pleadings and materials on record, which we have referred to
hereinbefore, would show that Ernakulam Kshethra Kshema Samithi
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DBP.Nos.41 of 2022 & 81 of 2023
collected money from the devotees for various purposes. During the
course of arguments, the submission made by the learned Senior
Counsel for the Kshethra Kshema Samithi is that, in respect of
Sarpabali and other matters, collection of money from the devotees
was made against sealed coupons issued by the Assistant
Devaswom Commissioner, Thripunithura. On the other hand, the
submission of the learned Standing Counsel for Cochin Devaswom
Board is that such collections were made without prior permission
of the Assistant Devaswom Commissioner. On the hosting of the
website 'www.ernakulathappan.com' by the Kshethra Kshema
Samithi, with facility to the devotees of Ernakulam Siva Temple to
offer donations through online, in the denominations of Rs.10,000/-
, Rs.5,000/-, Rs.1,000/-, Rs.500/- and Rs.100/-, in connection with
the temple festival of the year 1198 ME, and collection of money
from the devotees through the 'Google Pay' account of the Kshethra
Kshema Samithi, the learned Senior Counsel would submit that,
after the order of this Court dated 22.06.2023, no money is being
collected from the devotees through the 'Google Pay' of the
Kshethra Kshema Samithi. The website
'www.ernakulathappan.com' hosted by the Kshethra Kshema
Samithi, in the name of the Deity, was not updated after February,
2023. For hosting that website in the name of the Deity, with a
DBP No.41/2022 50 / 54
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DBP.Nos.41 of 2022 & 81 of 2023
provision for accepting contributions or donations from devotees, no
permission from the Cochin Devaswom Board was obtained.
38. According to 'Agama Sastra' Hindu temples represent
the culmination of social and religious aspirations of a society. The
temple is the focal point in the life of a community and often
represents its pride, identity and unity. It draws into its fold people
from its various segments and denominations and binds them
together. The worship that takes place in the sanctum santorum and
within the temple premises is important; so are the festivals and
occasional processions that involve the direct participation of the
entire community. They complement each other. While the worship
of the deity in the sanctum sanctorum might be an individual's
spiritual or religious need; the festivals are the expression of a
community's joy, exuberance, devotion and pride and are also
an idiom of a community's cohesiveness.
39. By Ext.R1(al) order dated 27.10.2023 of the Cochin
Devaswom Board, a decision has been taken to conduct the annual
festival of Ernakulam Siva Temple for the year 1199 ME directly by
the Board. The Devaswom Officer, Ernakulam Devaswom, has been
authorised to take necessary steps for conducting the annual
festival, who has also been authorised to collect contributions
towards the festival fund, and the Devaswom Commissioner has
DBP No.41/2022 51 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
been authorised to send an officer on deputation for the conduct of
the annual festival. Based on Ext.R1(al) order, the Devaswom
Commissioner, by Ext.R1(am) order dated 04.11.2023, deputed
Biju R. Pillai, Assistant Commissioner, Chottanikkara and Biju P.B.,
Devaswom Officer, Nelluvaya Devaswom, as the Special Officers for
conducting the annual festival of Ernakulam Siva Temple.
40. During the course of arguments, on a query made by this
Court, the learned Senior Counsel for Kshethra Kshema Samithi
would submit that the total expenditure for conducting the annual
festival of Ernakulam Siva Temple for the year 1198 ME was around
Rs.1.58 Crores. The learned Standing Counsel for Cochin
Devaswom Board would point out that the contribution of the Board
was Rs.12,81,250/-, as evidenced by Ext.R1(ao) receipt dated
26.02.2023 issued by the Kshethra Kshema Samithi.
41. Having considered the facts and circumstances of the
case and the submissions made at the Bar and also the pendency
of SLP(C)No.14254 of 2023 before the Apex Court, we find that the
constitution of an Ad-Hoc Committee, from the panel of devotees
and regular worshippers of Ernakulam Siva Temple, to be submitted
by the Cochin Devaswom Board and the Kshethra Kshema Samithi,
is highly essential to ensure the proper conduct of the annual
festival of Ernakulam Siva Temple for the year 1199 ME (2024),
DBP No.41/2022 52 / 54
W.P(C)No.15798 of 2023 and
DBP.Nos.41 of 2022 & 81 of 2023
which can be headed by a former Judge of this Court or a former
District Judge or an Advocate Commissioner appointed by this
Court. The Assistant Commissioner, Chottankkkara, who has been
appointed as the Special Officer can be the Treasurer of the Ad-Hoc
Committee, who can be directed to personally supervise the entire
activities in connection with the annual festival. It is for the Board
to consider the question as to whether provision can be made in
the official website of Ernakulam Siva Temple
'www.ernakulamsivatemple.org' for the devotees to offer
contributions for the annual festival of 1199 ME, online.
As requested by the learned Standing Counsel for the Cochin
Devaswom Board and the learned Senior Counsel for the Kshethra
Kshema Samithi, list I.A.No.1 of 2023 in W.P.(C)No.15798 of 2023
on 20.11.2023, for further consideration.
W.P(C)No.15798 of 2023 and
DBP Nos.41 of 2022 and 81 of 2023
List on 20.11.2023.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
bkn/-
16-11-2023 /True Copy/ Assistant Registrar
DBP No.41/2022 53 / 54
APPENDIX OF DBP 41/2022
Aneexure R 3 (c) True Copy The letter dated nil issued by Thixotropy
Design and Construction Solutions, to the President of
the 3rd respondent samithi explaining the status of
construction of the devaswom office building
Annexure R 3 (d) True Copy The statements of accounts in respect of
constructed by the 3rd respondent samithi from the year
2016 onwards. the said works
Aneexure R 3 (e) True copy of its bye-laws
ANNEXURE R2 ( aq ) True copy of order No. A5. 1471/07 dated 30.10.2018
issued by the 2nd respondent.
ANNEXURE R 2 ( bc ) True copy of order No. A5-1471/07 dated 12.4.2023
issued by the 2nd respondent
ANNEXURE R2 ( bf ) True copy of communication dated 13/05/2023 issued by
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group without the
annexures.
ANNEXURE R2 ( bg ) True copy of report dated 14/05/2023 submitted by the
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group
ANNEXURE R2 ( bh ) True copy of report dated 14/05/2023 submitted by
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group and the annexures
produced along with the said report
ANNEXURE R2 ( bj ) True copy of report dated 17/05/2023 submitted by the
Devaswom Officer, Ernakulam Devaswom to the Assistant
Commissioner, Thripunithura Group
ANNEXURE R2 ( bk ) True copy of notice published by the third respondent
ANNEXURE R2 ( bp ) True copy of Report dated 29/05/2023 submitted by
Devaswom Officer, Ernakulam Devaswom alongwith the
annexures
ANNEXURE R2 ( bl ) True copy of report dated 19.6.2023 prepared by the
Devaswom Officer, Ernakulam Devaswom showing the income
received from the 2nd respondent during the last five
years from the 3rd respondent and the amount spent by
the 2nd respondent during the last five years at
Ernakulam temple.
ANNEXURE R2 ( bm ) True copy of report dated 19.6.2023 prepared by the
Asst Commissioner (Valuables), CDB.
ANNEXURE R2 ( bq ) True copy of report dated 03/06/2023 submitted by
Devaswom Officer, Ernakulam Devaswom to the Asst
Commissioner, Thripunithura Group.
ANNEXURE R2 ( br ) True copy of report dated 09/06/2023 submitted by
Devaswom Officer, Ernakulam Devaswom to the Asst
Commissioner, Thripunithura Group.
ANNEXURE R2 ( bn ) True copy of communication dated 15/06/2023 submitted
by the Devaswom Officer, Ernakulam Dvaswom to the Asst
Commissioner, Thripunithura Group along with the
annexures.
ANNEXURE R2 ( bo ) True copy of report submitted by the Asst Engineer,
CDB, Thripunithura Group.
DBP No.41/2022 54 / 54
ANNEXURE R2 ( bx ) True copy of email communication dated 05/08/2023
issued by Asha Muralidhar to Ernakulam Shiva temple
along with the screenshot of the payment effected by
her.
ANNEXURE R2 ( bz ) True copy of report dated 05/09/2023 submitted by the
Devaswom Officer to the Asst Commissioner,
Thripunithura group and the enclosures.
ANNEXURE R2 ( cf ) True copy of report dated 19/09/2023 submitted by the
additional sixth respondent to the Asst Commissioner,
Thripunithura group.
16-11-2023 /True Copy/ Assistant Registrar
