Kerala High Court
Temple Advisory Committee vs Travancore Devaswam Board on 15 February, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024/26TH MAGHA, 1945
WP(C) NO.42625 OF 2023
PETITIONER:
TEMPLE ADVISORY COMMITTEE,
THIRUMADHURA SREEKRISHNA SWAMI TEMPLE
SOUTH MARADY P.O., MUVATTUPUZHA
REPRESENTED BY ITS PREIDENT GINU P.V,
AGED 43, S/O VISWAMBHARAN, PONGASSERY H, SOUTH
MARADY P.O. MUVATTUPUZHA, ERNAKULAM, PIN 686 673
BY ADV
N. JAGATH
RESPONDENTS:
1 TRAVANCORE DEVASWAM BOARD
DEVASWAM HEAD QUARTERS, NANTHANCODE, KOWDIAR
P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY. TRAVANCORE DEVASWAM BOARD, DEVASWAM
HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM,
PIN - 695 003
2 THE EXECUTIVE ENGINEER,
TRAVANCORE DEVASWAM BOARD, KOTTAYAM DIVISION,
THIRUNAKKARA P.O., KOTTAYAM, PIN - 686 001
3 THE ASSISTANT DEVASWAM COMMISSIONER,
TRAVANCORE DEVASWAM BOARD, THRIKKARIYOOR GROUP,
THRIKKARIYOOR P.O., KOTHAMANGALAM, ERNAKUALM
DISTRICT, PIN - 686 692
4 THE SECRETARY
TRAVANCORE DEVASWAM BOARD, DEVASWAM HEAD
QUARTERS, NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURM, PIN - 695 003
*ADDL.R5 CHIEF ENGINEER TRAVANCORE DEVASWAM BOARD,
DEVASWAM HEAD QURTERS NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695 003
2
W.P.(C)No.42625 of 2023
[ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
15.1.2024 IN I.A.1/2024 IN WP(C)].
*ADDL.R6 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM)DEPARTMENT
*ADDL.R7 DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT,
TRAVANCORE DEVASWOM BOARD AUDIT
[ADDITIONAL R6 AND R7 ARE SUO MOTU IMPLEADED AS
PER ORDER DATED 15.2.2024 IN WP(C)No.42625 of
2023].
BY ADV
SRI S. RAJMOHAN - SR.GOVERNMENT PLEADER ;
SRI G. SANTHOSH KUMAR - STANDING COUNSEL - TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C)No.42625 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner-Temple Advisory Committee of Thirumadhura
Sreekrishna Swamy Temple, which is a temple under the
management of the 1st respondent Travancore Devaswom Board,
has filed this writ petition under Article 226 of the Constitution of
India, seeking a writ of mandamus commanding the 2nd
respondent Executive Engineer, Travancore Devaswom Board to
take immediate steps for e-tendering the works sanctioned as per
Ext.P5 sanction order dated 13.10.2023 issued by the 1st
respondent Board; and a writ of mandamus commanding the
respondents to complete the work sanctioned as per Ext.P5 order,
before the end of Anunja Period (July 2024), in a time bound
manner; and a writ of mandamus commanding the 1st respondent
Board to accord sanction the remaining works of Thidappilly,
Sarpathara, Nadapanthal and Chuttumathil of Thrumadhura
Sreekrishna Swamy Temple, in a time bound manner.
2. Going by the averments in the writ petition, the
temple premises of Thirumadhura Sreekrishna Swamy Temple,
which is on the banks of Muvattupuzha River, consists of the
Sreekovil of Lord Sreekrishna, Devi Prathishta, Ayyappaswami
Prathishta, etc. Due to lack of maintenance, the temple
structures are in a dilapidated condition. The office bearers of the
Temple Advisory Committee and also the devotees made several
complaints before the 1st respondent Board and its officials from
the year 2013 onwards. The Board accorded administrative
sanction for an amount of Rs.34,35,000/- and thereafter tenders
were invited. The contractor started the work on 20.01.2020. The
period of completion of the work expired on 20.07.2021. The
contractor completed the work only up to Utharam (lindale level)
of the Sreekovil of the Sreekrishna Swami Temple and thereafter
abandoned the balance work. Despite several notices from the
officials of the Board, the contractor was not ready to resume the
balance works, who had requested the Board to cancel the work
citing financial crisis. The Temple Advisory Committee again
submitted petitions before the Board and its officials. Ultimately,
by Ext.P5 proceedings dated 13.10.2023, the 1st respondent
Board accorded administrative sanction for completing the
construction, at the risk and cost of the previous contractor,
under the sponsorship of a devotee. The Chief Engineer is
authorized to direct the Executive Engineer to re-tender the work
based on the revised estimate, at the risk and cost of the original
contractor, as per the prevailing rules. The Chief Engineer is also
authorized to intimate the Devaswom Commissioner the amount
to be remitted by the sponsor as his contribution and the
Devaswom Commissioner is directed to take necessary steps for
remittance of that amount by the sponsor, to the Devaswom
fund. According to the petitioner, without any valid reasons, the
2nd respondent Executive Engineer is delaying the e-tendering of
the work.
3. On 19.12.2023, when this writ petition came up for
consideration, this Court passed the following order;
"The Temple Advisory Committee of Thirumadhura
Sreekrishna Swamy Temple, South Marady,
Muvattupuzha, which is a temple under the management
of the Travancore Devaswom Board, has filed this writ
petition seeking various reliefs in respect of the
reconstruction works of the Sreekovil, thidappilly,
mandapam etc. of that temple. The document marked as
Ext.P2 is the photographs of the temple structures, which
remain incomplete. The photograph of Sreekovil without
roof is reproduced hereunder;
2. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes
provision for the administration, supervision and control
of incorporated and unincorporated Devaswoms and of
other Hindu Religious Endowments and Funds. As per the
provisions under Section 3 of the Act, the administration
of incorporated and unincorporated Devaswoms shall
vest in the Travancore Devaswom Board.
3. As per Section 15A of the Act, it shall be the duty of
the Board to perform the following functions, namely,
(i) to see that the regular traditional rites and ceremonies
according to the practice prevalent in the religious
institutions are performed promptly; (ii) to monitor
whether the administrative officials and employees and
also the employees connected with religious rites are
functioning properly; (iii) to ensure proper maintenance
and upliftment of the Hindu religious institutions; (iv) to
establish and maintain proper facilities in the temples for
the devotees.
4. As per Section 31 of the Act, subject to the provisions
of Part I and the rules made thereunder, the Board shall
manage the properties and affairs of the Devaswoms,
both incorporated, and unincorporated as heretofore,
and arrange for the conduct of the daily worship and
ceremonies and of the festivals in every temple according
to its usage.
5. The learned Standing Counsel for the Travancore
Devaswom Board seeks time to get instructions and file
counter affidavit. Counter Affidavit on behalf of the Board
shall be placed on record by 03.01.2024.
6. The learned counsel for the petitioner to file an
application to implead the Chief Engineer, Travancore
Devaswom Board as an additional respondent.
List on 10.01.2024."
4. By the order dated 15.01.2024, this Court allowed
I.A.No.1 of 2024 and the Chief Engineer, Travancore Devaswom
Board was impleaded as the additional 5th respondent.
5. Respondents 1 to 4 have filed a counter affidavit
dated 03.02.2024. paragraphs 3 to 6 of that counter affidavit
read thus;
"3. It is submitted that Marady Thirumadhura
Sreekrishna Swamy Temple is one of the ancient temples
under the Ramamangalam Devaswom in Thrikkariyoor
group of Travancore Devaswom Board. The Travancore
Devaswom Board had been granted an administrative
sanction for the construction of Sreekovil for Sreekrishna,
Devi, Ayyappa, and for constructing Mandapam at an
estimated cost of Rs. 34,35,000/- on 30.01.2018. The
contract for the aforementioned construction was
awarded to Sri Suraj Haridas at the rate of 0.25% below
the approved estimate, as per ROC No. 2846/18M dated
30.04.2018. Following the report of the Chief Engineer
confirming the commencement of Balalaya Prathishta and
the initiation of work by the contractor on 20.01.2020,
the contractual deadline for completion, as per the
agreement, lapsed on 20.07.2021. The contractor
however had only completed the construction of
Sreekrishna Sreekovil up to the utharam level and the
work is at stand still. Despite several notices urging
resumption of work, the contractor has requested
cancellation of work citing financial crisis. Subsequently,
the Board revoked the contract upon withdrawal by the
contractor and granted administrative approval for a
revised estimate.
4. It may be noted that the revised estimate was
submitted by the Chief Engineer incorporating provisions
of executed quantities and for pending works for an
amount of Rs. 44,20,898/- based on DSR 2018, including
GST at 18%. The estimate consisted of two appendices,
that is work already done and the provisions for the
works to be done. He has also reported that the
quantities of various items were taken as per actual
execution in the revised estimate. The second appendix
consists of four appendices such as constructing of
Sreekovil for Sreekrishnaswamy (estimate amount
Rs.14,23,000/-), Constructing Sreekovil for Devi Temple
(estimate amount Rs.5,51,000/-) Constructing Sreekovil
for Ayyappa (estimate amount Rs.5,80,000/-) and
Constructing Mandapam (estimate amount Rs.3,82,000/-
). In the light of these circumstances, the report of the
Devaswom Commissioner was received by the Board
explaining that it is necessary to complete the
construction of 'Nadapanthal' and 'Sarpathara' in addition
to the aforementioned works, and for which the Chief
Engineer should be entrusted with. Subsequently, the
Board discussed the matter in detail and directed the
Chief Engineer to promptly furnish a report regarding the
construction progress of Nadapanthal and Sarpathara
with immediate effect.
5. It is submitted that the 2nd respondent had invited
Notice inviting E-Tender for the work on 15.12.2023
fixing the date of the opening of the tender on
23.12.2023. A true copy of the Notice inviting E-Tender
dated 15.12.2023 issued by the Executive Engineer,
Kottayam is produced herewith and marked as Exhibit
R4(a). As there was no response to Ext.R4(a) tender, the
2nd respondent had again issued Notice inviting E-Tender
for the work on 23.12.2023 fixing the date of the opening
of the tender on 29.12.2023. A true copy of the Notice
inviting E-Tender dated 23.12.2023 issued by the
Executive Engineer, Kottayam is produced herewith and
marked as Ext.R4(b). However, there was no response to
the said tender notice also.
6. It is Further Submitted that thereafter the 2 nd
respondent had directed the Assistant Engineer,
Muvattupuzha to invite sealed competitive short
quotations on 09.01.2024 and the last date of opening
was fixed as 16.01.2024. Even thereafter also there was
no response and hence as directed by the 2 nd
respondent, the Assistant Engineer, Muvattupuzha has
informed that he will once again invite sealed negotiable
quotations on 06.02.2023. The Petitioner also is taking all
their earnest efforts to see that the work is undertaken
and completed in all sense."
6. Heard the learned counsel for the petitioner, the
learned Standing Counsel for the Travancore Devaswom Board
for respondents 1 to 5 and also the learned Senior Government
Pleader for the additional respondents 6 and 7.
7. In the order dated 19.12.2022, which is extracted
hereinbefore at paragraph 5, this Court reproduced a photograph
of the Sreekovil of Thirumadhura Sreekrishna Swami Temple,
without roof. In that order, this Court noticed the provisions
under Section 15A and Section 31 of the Travancore-Cochin
Hindu Religious Institutions Act, as per which the 1st respondent
Board has a statutory duty to arrange for the conduct of daily
worship and ceremonies and the festivals in every temple,
according to its usage.
8. Section 24 of the Act deals with maintenance of
Devaswoms, etc., out of Devaswom Fund. As per Section 24, the
Board shall, out of the Devaswom Fund constituted under
Section 25, maintain the Devaswoms mentioned in Schedule I
[i.e. incorporated Devaswoms], keep in a state of good repair
the temples, buildings, and other appurtenances thereto,
administer the said Devaswoms in accordance with recognised
usages, make contributions to other Devaswoms in or outside
the State and meet the expenditure for the customary religious
ceremonies and may provide for the educational uplift, social and
cultural advancement and economic betterment of the Hindu
community.
9. In view of the statutory provisions, the Board has to
establish and maintain proper facilities in the temples under its
management, for the devotees to exercise their right to worship
in an appropriate manner. The Board has to keep in a state of
good repair the temples, buildings and other appurtenances
thereto and administer the Devaswom in accordance with the
recognized usages.
10. The document marked as Ext.R4(a) is an e-tender
notification issued on 15.12.2023 regarding various construction
works including the construction of Sreekovils for Sreekrishna,
Devi, Ayyappa and constructing mandapam in Thirumadhura
Sreekrishna Swami Temple (Sl.No.3) under Marady
Thirumadhura Devaswom. Ext.R4(b) is the tender notification
dated 23.12.2023, in which the aforesaid construction work is
serial No.2 (re-tender). The stand taken in the affidavit filed by
respondents 1 to 4 is that despite the issuance of Exts.R4(a) and
R4(b) e-tender notifications, there is no response. Therefore, the
2nd respondent Executive Engineer has directed the Assistant
Engineer, Muvattupuzha to invite competitive short quotations.
11. In this writ petition, we do not propose to consider the
legality of the procedure adopted by the 2nd respondent
Executive Engineer by directing the Assistant Engineer,
Muvattupuzha to invite competitive short quotations. It is for the
1st respondent Board and its officials to take necessary steps to
ensure that any procedure adopted for inviting tenders/
quotations for undertaking the construction work in question is
strictly in accordance with law.
12. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we deem it
appropriate to dispose of this writ petition by directing the 1 st
respondent Board and its officials to take necessary steps to
ensure, strictly in accordance with law, that the entire
construction, in respect of which administrative sanction has
already been granted vide Ext.P5 proceedings dated 13.10.2023,
which is one issued at the risk and cost of the original contractor,
is completed within a period of six months. The Board shall
ensure that the procedure adopted by the 2nd respondent
Executive Officer for awarding the contract work is strictly in
accordance with law.
13. The 1st respondent Board, through the Devaswom
Commissioner or the 2nd respondent Executive Engineer, shall
file an action taken report before the learned Ombudsman,
within a period of three months. If found necessary, the learned
Ombudsman shall file a report before this Court seeking further
directions in the matter. The entire expenditure for the
construction shall be subject to audit by the State Audit
Department. It would be open to the Temple Advisory
Committee to bring it to the notice of the learned Ombudsman,
any delay on the part of the Board in completing the construction
works.
Accordingly, this writ petition is disposed of with the above
directions.
Registry to communicate a copy of this judgment to the
learned Ombudsman, along with a copy of the writ petition.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
ded
APPENDIX OF WP(C) 42625/2023
PETITIONER EXHIBITS
EXHIBIT P1 THESELECTION NOTICE NO. 63/MVP/17-18 DATED
08.07.2019 INTIMATING THE CONTRACTOR ABOUT THE
AWARDING OF WORK
EXHIBIT P2 PHOTOGRAPHS SHOWING THE PRESENT STATUS OF
TEMPLE PREMISES
EXHIBIT P3 THE TRUE COPY OF PETITION DATED 18.02.2023
SUBMITTED BY THE PETITIONER BEFORE THE
PRESIDENT TRAVANCORE DEVASWAM BOARD
EXHIBIT P4 THE TRUE COPY OF LETTER NO.CE/KTVM.7/2023/28
29.03.2023 ISSUED BY THE CHIEF ENGINEER OF
BOARD TO THE EXECUTIVE ENGINEER KOTTAYAM
DIVISION
EXHIBIT P5 THE PROCEEDINGS OF THE BOARD. NO ROC.2846/18/M
DATED 13.10.2023 ACCORDING SANCTION FOR
CONTRACT WORK
RESPONDENT EXHIBITS
EXHIBIT R4(B) TRUE COPY OF THE NOTICE INVITING E-TENDER DATED
23/12/2023 ISSUED BY THE EXECUTIVE ENGINEER,
KOTTAYAM.
EXHIBIT R4(A) TRUE COPY OF THE NOTICE INVITING E-TENDER DATED
15/12/2023 ISSUED BY THE EXECUTIVE ENGINEER,
KOTTAYAM.
