Kerala High Court
Rajamma Raghavan Nair vs Travancore Devaswom Board on 18 February, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)No.25713 of 2023 1
&
DBP No.95 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WP(C) NO. 25713 OF 2023
PETITIONER:
RAJAMMA RAGHAVAN NAIR
AGED 84 YEARS
W/O RAGHAVAN NAIR, VALIYA PARAMBIL,
KIZHAKKUMMURI, KAVUMBHAGAM PO, THIRUVALLA,
PATHANAMTHITTA-, PIN - 689102
BY ADV S.SUBHASH CHAND
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD,
OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM
BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695003
2 THE DEVASWOM COMMISSIONER
OFFICE OF THE DEVASWOM COMMISSIONER,
DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM-., PIN - 695003
3 THE ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, THIRUVALLA GROUP,
THIRUVALLA, PIN - 689101
4 THE SUB GROUP OFFICER
OFFICE OF THE SUB GROUP OFFICER,
TRAVANCORE DEVASWOM BOARD, THIRUVALLA DEVASWOM,
THIRUVALLA, PIN - 689101
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*5 THE TEMPLE ADVISORY COMMITTEE,
SREE VALLABHA MAHA TEMPLE, THIRUVALLA,
PIN - 689102 REPRESENTED BY ITS SECRETARY.
(*ADDL.R5 ISIMPLEADED AS PER ORDER DATED
17.08.2023 IN IA 1 OF 2023)
BY ADVS.
SRI.G. BIJU - SC, TRAVANCORE DEVASWOM BOARD
SRI.VISHNU JAYAPALAN
SRI.S. RAJMOHAN - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2025, ALONG WITH DBP.95/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
DBP NO. 95 OF 2023
PETITIONERS:
1 SRI. SREEKUMAR .R.P
SREEPADMAM, MATHILBHAGAM, THIRUVALLA.
2 SRI. NANDAKUMAR. P.M.,
PIZHARATH HOUSE, MATHILBHAGAM, THIRUVALLA.
3 SRI. MOHNAKUMAR.K.N.,
GOKULAM, MANNANKARACHIRA, KAVUBHAGAM, THIRUVALLA.
4 SRI. RAJASEKHARANNAIR.V.,
ARANMULA KOTTARAM, MATHILBHAGAM, THIRUVALLA.
5 SRI. SREEKUMAR.V.,
KONGARETTU,MATHILBHAGAM, THIRUVALLA.
6 SRI. SANTHOSH KUMAR. K.A.,
LAKSHMINIVAS, THUKALASSERI, THIRUVALLA.
7 SRI. GANESH.S. PILLAI,
RAGAVILA, MATHILBHAGAM, THIRUVALLA.
8 SRI. RAJEEV REGHU,
RAHUL BHAVAN,MATHILBHAGAM, THIRUVALLA.
9 SRI. M.M. MOHANAN NANR,
PRESIDENT, SREE VILLABHA MAHAKSHETHRA UPADESAKA
SAMITHI, REEVALLABHAPURAM, THIRUVALLA.
10 SRI. B.J. SANIL KUMAR,
SECRETARY, SREE VALLABHA MAHA KSHETHRA UPADESAKA
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SAMITHI, SREEVALLABHAPURAM, THIRUVALLA.
BY ADVS.
SC, TRAVANCORE DEVASWOM BOARD - TDB
S.SUBHASH CHAND
VISHNU JAYAPALAN
ANU BALAKRISHNAN NAMBIAR(K/936/2014)
RESPONDENT/S:
1 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM-695003.
2 AGNISARMAN VASIDEVAN BHATTATHIRIPADU,
(SREE VALLABHA MAHA KSHETHRAM THANTHRI), THARAYIL
KUZHIKKATTU ILLAM, THIRUVALLA-689101.
3 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS
SECRETARY, NANTHANCODE, KAWDIAR POST
THIRUVANANTHAPURAM, KERALA - 695 003
4 DEPUTY DIRECTOR, KERALA STATE AUDIT
DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT,
TRAVANCORE DEVASWOM AUDIT NANTHANCODE,
THIRUVANANTHAPURAM - 695 003. *ARE SUO MOTU
IMPLEADED AS ADDITIONAL RESPONDENTS 3 & 4 AS PER
ORDER DATED 04/10/2023 IN DBP.NO.95/2023
BY ADVS.
Haridas P
BIJU HARIHARAN(K/1767/1995)
SHIJIMOL M.MATHEW(K/907/2005)
P.C.SHIJIN(K/397/2012)
ROSHIN MARIAM JACOB(K/1017/2011)
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 18.02.2025, ALONG WITH WP(C).25713/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT/ORDER
Anil K. Narendran, J
The issue involved in W.P.(C)No.25723 of 2025 and DBP
No.95 of 2023 relates to Thiruvalla Sree Vallabha Temple, which is
a temple under the management of the Travancore Devaswom
Board.
2. W.P.(C)No.25713 of 2023:- The petitioner, who is a
devotee of Thiruvalla Sree Vallabha Temple, has filed this writ
petition under Article 226 of the Constitution of India, seeking a
writ of mandamus commanding respondents 1 to 4 to implement
the findings and predictions of Devaprasnams for the years 2004
and 2022 in its entirety, conduct 'Ashtabandha Kalasam' in the
temple and reinstall the golden flag mast of the temple forthwith,
or within such time as this Court deem fit and proper. The
petitioner has also sought for a writ of mandamus commanding
the 1st respondent Travancore Devaswom Board to consider and
pass appropriate orders on Ext.P2 representation dated
24.05.2023 made by the petitioner, with notice to her and after
affording her an opportunity of being heard, within a time frame
to be fixed by this Court and a writ of mandamus commanding
respondents 1 to 4 to form a Master Plan Committee, including
the members of the Temple Advisory Committee of Thiruvalla
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Sree Vallabha Temple, for organising, convening and
implementing the predictions and findings of the Devaprasnams of
the years 2004 and 2022, the essential conduct of 'Ashtabandha
Kalasam' and the reinstallation of the damaged golden flag mast,
within such time as this Court may deem fit and proper.
2.1. Going by the averments in the writ petition, the
petitioner was formerly a Member and also the Vice President of
the Temple Advisory Committee of Thirvualla Sree Vallabha
Temple. She is functioning as the Vice President of Sree
Vallabeswara Annadhana Samithi and also as a member of
Narayaneeya Samithi. Relying on Ext.P1 decision of this Court in
S. Mahendran v. Travancore Devaswom Board [AIR 1993
Ker. 42], the petitioner would contend that the findings and
predictions of Devaprasnam have to be implemented by the
Travancore Devaswom Board. Though the said ruling of the
Division Bench was partly overruled by the Apex Court in Indian
Young Lawyers Association v. State of Kerala [(2019) 11
SCC 1], the same has been referred to a Larger Bench in
Kantaru Rajeevaru v. Indian Young Lawyers Association
[(2020 (9) SCC 121]. The findings and predictions in the Deva P
rasnam of the year 2022 and reinstallation of golden flag mast
after conducting essential repairs are the major works remaining
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to be undertaken in the temple. Further, for the past more than
20 years, no 'Ashtabandha Kalasam' was conducted in the temple.
Despite repeated requests, no effective action is forthcoming from
respondents 1 to 4. As a matter of fact, the teak tree for the
reinstallation of golden flag mast has already been located.
Pointing out the aforesaid issues, the petitioner submitted Ext.P2
representation dated 24.05.2023 before the 1 st respondent
Travancore Devaswom Board.
2.2. On 17.08.2023, when this writ petition came up for
admission, the learned Standing Counsel for Travancore
Devaswom Board took notice on admission for respondents 1 to 4.
Urgent notice on admission by speed post was ordered to the
additional 5th respondent Temple Advisory Committee of Thiruvalla
Sree Vallabha Temple, returnable by 04.09.2023. By the order
dated 17.08.2023, the learned Standing Counsel for Travancore
Devaswom Board was directed to get instructions and file counter
affidavit.
2.3. Respondents 1 to 4 have filed a counter affidavit dated
15.09.2023, opposing the reliefs sought for in this writ petition,
producing therewith Exts.R1(a) and R1(b) documents. In the
counter affidavit, it is stated that the golden Dwajam of Thiruvalla
Sree Vallabha Temple sustained damages due to lightning and the
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same was removed, pursuant to which Ashtamangala
Devaprasnam was conducted in February 2022, in which several
remedial measures were suggested. The previous Temple
Advisory Committee, which was in office till October 2022, had
done some of the remedial measures suggested, identified the
teak wood for installation of Dwajam and executed agreement for
its purchase, etc. The Temple Advisory Committee constituted in
November 2022 completed the remedial measures in respect of
Nagar Prathishta and vazhipadu in different temples suggested in
the Devaprasnam. The fact that remedial measures suggested in
the Devaprasnam conducted in 2004 were not completed was
revealed in the Devaprasnam conducted in 2022. In the
meanwhile, certain complaints were filed before the learned
Ombudsman in respect of the affairs in Thiruvalla Sree Vallabha
Temple. The learned Ombudsman convened a meeting on
04.08.2023 of the stakeholders, i.e., the Tantries of the Temple,
the President of Travancore Devaswom Board, the Devaswom
Commissioner, Chief Engineer, the Temple Advsiory Committee
and Devaswom officials to discuss the pending remedial
measures, the construction of Dwajam and other construction
activities in the temple. In that meeting, as evident from
Ext.R1(a) minutes dated 04.08.2023 all stakeholders agreed to
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complete the remedial measures, construction of toilet blocks,
etc.
2.4. In the counter affidavit filed by respondent 1 to 4, it is
stated that the Tantri conducted the Suddhi Kriya after the temple
festival, on 08.08.2023 and 09.08.2023 and opined that the
construction activities can be commenced after 10.08.2023.
Accordingly, the construction activities commenced. The Tantri
opined that the toilet facilities should be provided outside the
compound wall of the temple. In the counter affidavit it is stated
that remaining poojas and remedial measures can be done after
the completion of the construction activities inside the
Nalambalam. After completion of such activities, steps for cutting
down the teakwood, including Vriksha pooja, etc., have to be
done for the commencement of the construction of Dwajam.
There is no need for the constitution of a Master Plan Committee,
as requested by the petitioner, since the Temple Advisory
Committed constituted as per the statutory requirements of sub-
section (3) of Section 31A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950, is in office. The request for a
Developmental Committee in the temple has already been
rejected by the 2nd respondent Devaswom Commissioner, by
Ext.R1(b) communication dated 02.08.2023. The said
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communication dated 02.08.2023 reads thus;
"പ സ ത വ ഷയ സ ബന ച, ഈ ആഫ സ ൽ ഹ ജര ക യ സ ചന /
റ പ! ർട വ ശദമ യ ര പശ ധ ച. ന ലവ ൽ ഉ പദശക സമ ത ഉളപ! ൾ
മറ. ര വ കസന സമ ത ര കര ച നവ കരണപ വർതനങൾനടത വ ൻ
സ ധ ക കയ ല റയനവ വര അറ യ ക ന."
2.5. Along with I.A.No.2 of 2023, the petitioner has placed
on record Ext.P3 Ashtamangala Devaprasna Charthu of the
Astamangala Devaprasnam conducted in Thiruvalla Sree Vallabha
Temple from 21.02.2022 to 25.02.2022.
2.6. The additional 5th respondent Temple Advisory
Committee of Thiruvalla Sree Vallabha Temple has filed a counter
affidavit dated 03.10.2023, opposing the reliefs sought for in this
writ petition, producing therewith Exts.R5(a) to R5(l) documents.
The document marked as Ext.R5(l) is a copy of Ext.R1(b)
communication dated 02.08.2023 of the 2nd respondent
Devaswom Commissioner, produced along with the counter
affidavit filed by respondents 1 to 4. The petitioner has filed a
reply affidavit dated 05.03.2024.
3. DBP No.95 of 2023:- This DBP is registered based on
Special Report No.36 of 2023 of the learned Ombudsman in
Report No.5 of 2021 in Complaint Nos.146 and 163 of 2023. The
grievance of the complainants in those complaints, who are
arrayed as petitioners-complainants in this DBP, are regarding the
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failure on the part of the Travancore Devaswom Board in
conducting essential repairs, maintenance and renovation of the
temple structures of Thiruvalla Sree Vallabha Temple. In the said
report the learned Ombudsman has referred to the direction
contained in the judgment of this Court dated 16.12.2019 in W.P.
(C)No.26508 of 2019 filed by a devotee of Sree Vallabha Temple.
Along with that report, the learned Ombudsman has placed on
record a copy of the minutes of the meeting convened on
04.08.2023 in the temple, a copy of which has already been
marked as Ext.R1(a) along with the counter affidavit filed by
respondents 1 to 4 in W.P.(C)No.25713 of 2023. In the report, the
learned Ombudsman has stated that once the matters decided in
the said meeting held on 04.08.2023 are completed, there will be
a quietus to the pending issues. The teakwood tree for the new
flag mast has to be cut and brought to the temple premises.
Therefore, appropriate directions have to be issued to the
stakeholders, including the Travancore Devaswom Board, the
Tantri and also the Maramath Wing of the Board to complete the
pending works and Parihara karmas at the earliest, as decided in
the meeting held on 04.08.2023.
3.1. On 04.10.2023, when this DBP came up for
consideration, the learned Standing Counsel for Travancore
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Devaswom Board entered appearance for respondents 1 and 3
and the learned Senior Government Pleader for the additional 4 th
respondent. Notice was ordered to the complainants in Complaint
Nos.146 of 2023 and 163 of 2023, who are arrayed as
respondents 1 to 8 and 9 and 10 in the DBP and also to the 2 nd
respondent Tantri, through speed post.
4. Heard the learned counsel for the petitioner in W.P.
(C)No.25713 of 2023, the learned counsel for the petitioners 1, 2
and 4 to 8 (complainants in Complaint No.146 of 2023) and the
learned counsel for the petitioners 9 and 10 (complainants in
Complaint No.163 of 2023) in DBP No.95 of 2023, the learned
Standing Counsel for Travancore Devaswom Board for the Board
and its officials, the learned Senior Government Pleader for the
Kerala State Audit Department, the learned counsel for the 5 th
respondent Temple Advisory Committee in W.P.(C)No.25713 of
2023 and also the learned counsel for the 2 nd respondent Tantri in
DBP No.95 of 2023.
5. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
unincorporated Devaswoms and of other Hindu Religious
Endowments and Funds. As per the provisions under Section 3 of
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the Act, the administration of incorporated and unincorporated
Devaswoms shall vest in the Travancore Devaswom Board. 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. 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.
6. Section 31A of the Act deals with the formation of the
Temple Advisory Committees. As per subsection (1) of Section
31A of the Act, 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-
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section (2) of Section 31A, the Temple Advisory Committee
constituted under sub-section (1) may be approved by the Board.
As per sub-section (3) of Section 31A, the composition of an
Advisory Committee under sub-section (1) shall be in such
manner as may be prescribed by the rules made by the Board,
not inconsistent with any practice prevailing, if any. In terms of
sub-section (3) of Section 31A of the Act, the Travancore
Devaswom Board framed the Rules for the formation of Temple
Advisory Committees in the temples under the management of
the Board, which has been approved by this Court vide order
dated 03.11.2011 in DBA No.153 of 2009.
7. Clause (2) of the Rules deals with objectives of the
Temple Advisory Committees. As per Clause (2) of the Rules, one
of the objectives of the Temple Advisory Committee is to
formulate schemes for the betterment and development of the
Temple, submit the same before the Board and execute it with the
approval of the Board. The Advisory Committee shall collect
donations from the devotees for the smooth functioning of the
temple activities and festivals only with the permission of the
Department.
8. Clause (3) of the Rules deals with membership. Clause
(3) of the Rules makes it explicitly clear that the membership in
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'registered mandalam' is mainly for the devotees who are residing
within a distance of 5kms from the temple, who are regular
worshipers and had contributed considerably for the betterment of
the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3)
of the Rules deal with class of persons who are entitled to get
membership.
9. In Major Vellayani Devi Temple Advisory
Committee and another v. State of Kerala and others [2023
(2) KHC 290] a Division Bench of this Court in which one among
us [Anil K. Narendran, J.] was a party held that, in view of the
provisions of the Travancore-Cochin Hindu Religious Institutions
Act, the Travancore Devaswom Board is duty bound to see
that the regular traditional rites and ceremonies according to the
practice prevalent in Vellayani Devi Temple are performed
promptly; and to establish and maintain proper facilities in
Vellayani Devi Temple for the devotees. Subject to the provisions
of Part I of the Act and the Rules made thereunder, the Board
shall manage the properties and affairs of Vellayani Devaswom
and arrange for the conduct of the daily worship and ceremonies
and of the festivals in Vellayani Devi Temple according to the
usage. The Temple Advisory Committee of a temple under the
management of the Travancore Devaswom Board, which consists
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of devotees who fall under the eligibility criteria prescribed in
Clause (3) of the Rules framed under sub-section (3) of Section
31A of the Act, 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.
10. In Major Vellayani Devi Temple Advisory
Committee [2023 (2) KHC 290] this Court held that, according
to Oxford Dictionary, 'worshipper' is a person who shows
reverence and adoration for a deity. Right to worship is a civil
right, of course in an accustomed manner and subject to the
practice and tradition in each temple. A worshipper or a devotee
has no legal right to insist that saffron/orange coloured decorative
materials alone are used for festivals in a temple under the
management of the Travancore Devaswom Board. Similarly, the
District Administration or the Police cannot insist that only
'politically neutral' coloured decorative materials are used for
temple festivals. Politics has no role to play in the conduct of daily
worship and ceremonies and festivals in temples. 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
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the usage of that temple.
11. In Rajalakshmi v. State of Kerala and others
[2023 (3) KHC 492] a Division Bench of this Court in which one
among us [Anil K. Narendran, J.] was a party was dealing with a
case in which the petitioner therein, who is the ward member of
Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in
Vellayani, filed the writ petition, seeking a writ of certiorari to
quash the order dated 24.02.2023 of the Devaswom
Commissioner, Travancore Devaswom Board, and for a writ of
mandamus commanding the Travancore Devaswom Board to
include Kuzhithalachal and Kalluvila wards in Vellayani in the list
for Kalliyoor Dikkubali in Vellayani Devi Temple. In the writ
petition, it was alleged that, though the Kuzhithalachlal and
Kalluvila are at a distance of 800m from the Kalliyoor Dikkubali
Thara, the Devaswom Commissioner issued the order dated
24.02.2023 removing the said wards from the Dikkubali Nirapara
list of Vellayani Devi Temple, stating that those are outside the
radius of the Dikkubali Thara, i.e., outside the traditional
boundary.
12. In Rajalakshmi [2023 (3) KHC 492], this Court held
that, in view of the provisions of the Travancore-Cochin Hindu
Religious Institutions Act, the Travancore Devaswom Board is duty
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bound to see that the regular traditional rites and ceremonies
according to the practice prevalent in Vellayani Devi Temple are
performed promptly and arrange for the conduct of the daily
worship and ceremonies and of the festivals in Vellayani Devi
Temple according to the usage. The Temple Advisory Committee,
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 of the Act, 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. In
that view of the matter, the petitioner cannot invoke the writ
jurisdiction of this Court under Article 226 of the Constitution of
India, seeking a writ of mandamus commanding the Travancore
Devaswom Board and its officials to include Kuzhithalachal and
Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in
Vellayani Devi Temple, in violation of the accepted boundary limit
followed from time immemorial.
13. On 13.02.2024, when this writ petition and DBP came
up for consideration, along with a connected matter, i.e., W.P.
(C)No.5439 of 2024, in which the issue raised centred around the
conduct of 'Ulsavabali' in connection with the annual festival -
1199 ME (2024) of Thiruvalla Sree Vallabha Temple, this Court
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passed a detailed order. Paragraphs 3 and 4 of that order read
thus;
"3. In view of the law laid down by this Court in Major
Vellayani Devi Temple Advisory Committee v. State of
Kerala [2023 (2) KHC 290] and reiterated in
Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491],
a Temple Advisory Committee constituted under Section
31A of the Travancore-Cochin Hindu Religious Institutions
Act, 1950, has to render necessary assistance to the Board
and its officials to discharge their statutory duty under
Section 15A and Section 31. Other than the Temple
Advisory Committee constituted under Section 31A of the
Act, no other committees like Devaprasna Pariharakriya
Committee, Annadana Committee, Vikasana Samithi, etc.,
can have any activity whatsoever in a temple under the
management of the Board.
4. Therefore, the Travancore Devaswom Board shall ensure
that committees, like Sree Vallabheswara Annadana
Committee, Sree Vallabha Kshethra Vikasana Samithi,
Devaprasna Pariharakriya Committee, etc., are not
permitted any activity in the temple." (underline supplied)
14. The said order dated 13.02.2024 was followed by
another detailed order dated 15.02.2024 in W.P.(C)No.5439 of
2024, when the said writ petition came up for consideration along
with this writ petition and DBP. Paragraphs 7 to 18 of the order
dated 15.02.2024 reads thus;
"7. From the submissions made at the Bar, we notice that
the 2nd respondent Temple Advisory Committee of Sree
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Vallabha Maha Kshethram released a festival notice on
01.02.2024, wherein the number of 'Ulsavabalies' during
the annual festival of 1199 ME (2024) is shown as '4',
instead of '8'. This writ petition filed by a devotee of Lord
Sree Vallabha is one filed on 09.02.2024. We also notice the
specific stand taken by the 1 st respondent Board that the
suggestion made by the 3 rd respondent Tantri to reduce the
number of 'Ulsavabalies' from 8 to 4 is pointed out
specifically, for the first time, only in Ext.P4 communication
dated 10.01.2024.
8. The learned Standing Counsel for Travancore Devaswom
Board would point out the provisions under Chapter II of the
Travancore Devaswom Manual - Volume II (Office Manual),
with specific reference to (IV) Clause (24), which deals with
'Revision of Pathivu' to contend that the change suggested
by the Tantri in Ext.P4 communication dated 10.01.2024,
requires modification of the existing 'Pathivu" for which the
provisions under Clause (24) has to be complied with. On
the other hand, the learned counsel for the 3 rd respondent
would contend that such a change in the conduct of
'Ulsavabali' does not require 'Revision of Pathivu'.
9. We do not propose to consider the rival contentions on
the above aspect, at this stage, since it requires detailed
arguments with specific reference to the provisions under
the Travancore Devaswom Manual.
10. In the order dated 13.02.2024, this Court noticed that,
in view of the law laid down by this Court in Major
Vellayani Devi Temple Advisory Committee v. State of
Kerala [2023 (2) KHC 290] and reiterated in
Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491],
a Temple Advisory Committee constituted under Section
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31A of the Travancore-Cochin Hindu Religious Institutions
Act, 1950, has to render necessary assistance to the Board
and its officials to discharge their statutory duty under
Section 15A and Section 31. Other than the Temple
Advisory Committee constituted under Section 31A of the
Act, no other committees like Devaprasna Pariharakriya
Committee, Annadana Committee, Vikasana Samithi, etc.,
can have any activity whatsoever in a temple under the
management of the Board. Therefore, the 1 st respondent
Travancore Devaswom Board was directed to ensure that
committees, like Sree Vallabheswara Annadana Committee,
Sree Vallabha Kshethra Vikasana Samithi, Devaprasna
Pariharakriya Committee, etc., are not permitted any
activity in the temple.
11. On 15.02.2024, when this writ petition came up for
consideration, the learned Standing Counsel for Travancore
Devaswom Board submitted that after the order of this
Court dated 13.02.2024, the Temple Advisory Committee of
Sreevallabha Temple released a booklet, in connection with
the annual festival. Though that booklet was distributed
among limited number of devotees, the same was taken
back on 14.02.2024. The learned counsel for the 2 nd
respondent Temple Advisory Committee handed over a copy
of the festival notice. The learned Standing Counsel for
Travancore Devaswom Board and also the learned counsel
for the petitioner in W.P.(C)No.25713 of 2023 pointed out
that the document handed over by the learned counsel for
the Temple Advisory Committee is not the booklet, which
was released on 13.02.2024. Therefore, this Court passed
an order, whereby the learned counsel for the Temple
Advisory Committee was directed to make available for the
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perusal of this Court a soft copy of the booklet distributed
among limited number of devotees on 13.02.2024.
12. In terms of the directions contained in the order dated
15.02.2024, the learned counsel for the 2nd respondent
Temple Advisory Committee has made available for the
perusal of this Court, a soft copy of the booklet published by
the Advisory Committee in connection with the annual
festival of the year 1199 ME (2024), which even contains an
advertisement of a restaurant, specifically mentioning non-
vegetarian specialities of that restaurant. The booklet
contains the messages of the President and the Chief
Engineer of the 1st respondent Board.
13. The learned Standing Counsel for Travancore Devaswom
Board, on instructions, would submit that those messages
were given by the President and the Chief Engineer of the
Board without knowing the contents of the booklet. The
learned Standing Counsel would point out the provisions
under Clause (33) of Chapter II of Travancore Devaswom
Manual - Volume - II (Office Manual), which deals with
approval of the programme of annual festival by the
Devaswom Commissioner or the competent authority. The
learned Standing Counsel has also brought to the notice of
this Court, a Circular dated 20.10.2023 issued by the
Devaswom Commissioner in this regard.
14. On a query made by this Court, the learned counsel for
the 2nd respondent Temple Advisory Committee would
submit that the festival notice of the annual festival of 1199
ME (2024) (initially handed over on 15.02.2024) published
by the Temple Advisory Committee and the booklet made
available for the perusal of this Court at 2.00 p.m. were not
published after obtaining prior approval as contemplated in
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Clause 33 of Chapter II of the Travancore Devaswom
Manual - Volume II (Office Manual). In the festival notice
and the booklet the number of 'Ulsavabalies' is shown as 4,
instead of 8, based on the suggestion made by the 3 rd
respondent in Ext.P4 communication dated 10.01.2024.
15. The learned Standing Counsel for Travancore Devaswom
Board would submit that collection of money from the
devotees by the Temple Advisory Committee for the purpose
of annual festival of the temple can only be with prior
approval of the 8th respondent Assistant Devaswom
Commissioner, against sealed coupons issued by the Board.
16. The learned counsel for the 2nd respondent Temple
Advisory Committee would submit that during the previous
annual festivals the Temple Advisory Committee in Sree
Vallabha Maha Kshethram used to print similar booklets with
advertisements and photographs of the members of the
committee, utilising the money received by way of such
advertisements and sponsorships.
17. From the submissions made by the learned Standing
Counsel for Travancore Devaswom Board and the learned
counsel for the 2nd respondent Temple Advisory Committee,
we find that the conduct of the Temple Advisory Committee
in publishing festival notice and booklet without the prior
approval of the competent authority and collecting money
from the public and devotees for such advertisements and
sponsorships, is a serious irregularity on the part of the
committee, openly flouting the requirements of the
provisions contained in the Bye-laws (Rules) framed under
Section 31A of the Travancore-Cochin Hindu Religious
Institutions Act and the law laid down by this Court in Sunil
Kumar C. and others v. Travancore Devaswom Board
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and others [2022 (4) KHC 663] and the subsequent
decisions on that point, which cannot be viewed lightly. It is
for the 1st respondent Board to take necessary steps to
ensure strict compliance of the law laid down by this Court
in the decisions referred to supra, in letter and spirit, in all
temples under its management. In case the procedure
adopted while reducing the 'Ulsavabali' from 8 to 4, during
the annual festival of 1199 ME (2024) is in violation of the
specific provisions in the Travancore Devaswom Manual, the
consequence provided in Chapter IV read with Chapter V of
the Travancore Devaswom Manual - Volume II (Office
Manual) has to be faced by the person or persons
responsible for such reduction.
18. Considering the fact that the annual festival of
Thiruvalla Sree Vallabha Maha Kshethram for the year 1199
ME (2024) has already commenced based on the festival
notice issued by the 2 nd respondent Temple Advisory
Committee whereby the number of 'Ulsavabali' has been
reduced to '4', we deem it appropriate to direct the
Travancore Devaswom Board to conduct the annual festival
in terms of that notice, subject to further orders to be
passed in this writ petition."
15. W.P.(C)No.5439 of 2024, in which the issue raised
centred around the conduct of 'Ulsavabali' in connection with the
annual festival - 1199 ME (2024) of Thiruvalla Sree Vallabha
Temple, was disposed of by the judgment dated 17.07.2024, with
the directions contained in paragraphs 13 and also in the last
paragraph of the said judgment. Paragraphs 10 to 13 and also the
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last paragraph of the said decision read thus;
"10. The issue raised in this writ petition centers around the
conduct of 'Ulsavabali' in connection with the annual festival
- 1199 ME (2024) of Thiruvalla Sree Vallabha Maha
Kshethram, which is a temple under the management of the
1st respondent Travancore Devaswom Board. The petitioner,
who is a devotee of Sree Vallabha Swami, the presiding
deity of the temple, has filed this writ petition under Article
226 of the Constitution of India seeking a writ of certiorari
to quash Ext.P5 order dated 08.02.2024 of the 1st
respondent Board, whereby it is ordered that 'Ulsavabali'
during the annual festival of the temple has to be
conducted, as done in the earlier years. The petitioner has
also sought for a writ of mandamus commanding the 1 st
respondent Board and the 8th respondent Assistant
Devaswom Commissioner, Thiruvalla to conduct annual
festival of 1199 ME (2024) of Thiruvalla Sree Vallabha Maha
Kshethram, as per the suggestions and schedules stated in
Ext.P4 communication dated 10.01.2024 of the 3 rd
respondent, addressed to the 8th respondent.
11. The interim order of this Court dated 15.02.2024, which
is extracted hereinbefore at paragraph 8 is one passed after
considering the rival contentions raised by the petitioner
and the respondents. By that order, considering the fact
that the annual festival of Thiruvalla Sree Vallabha Maha
Kshethram, for the year 1199 ME (2024), has already
commenced based on the festival notice issued by the 2 nd
respondent Temple Advisory Committee whereby the
number of 'Ulsavabali' has been reduced to '4', this Court
directed the Travancore Devaswom Board to conduct the
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annual festival in terms of that notice, subject to further
orders to be passed in this writ petition.
12. Along with I.A.No.2 of 2024 the 2 nd respondent Temple
Advisory Committee has placed on record certain additional
documents, which are marked as Exts.R2(f) to R2(l), in
order to point out certain issues that happened during the
temple festival on 18.02.2024.
13. Since the annual festival of Thiruvalla Sreevallabha
Maha Ksethram for the year 1199 ME (2024) is already
over, it is for the 1st respondent Travancore Devaswom
Board to consider the above aspect, after obtaining the
report of the 8th respondent Assistant Devaswom
Commissioner, Thiruvalla and also the report of the
Devaswom Commissioner. The legality of the decision taken
to reduce the number of 'Ulsavabalies' from 8 to 4 during
the annual festival of Thiruvalla Sreevallabha Maha
Kshethram for the year 1199 ME (2024), based on the
suggestion made by the 3rd respondent Tantri, without
'Revision of Pathivu' - Chapter II of Travancore Devaswom
Manual - Volume II (Office Manual), Clause 24(IV); and the
conduct of annual festival without obtaining approval for the
programme by the competent authority - Clause (33) of
Chapter II of Travancore Devaswom Manual - Volume II
(Office Manual), shall also be considered by the 1 st
respondent Board, after obtaining a detailed report on those
aspects from the Devaswom Commissioner. A decision on
the above aspects shall be taken as expeditiously as
possible, at any rate, within a period of two months from
the date of receipt of a certified copy of this judgment, with
notice to the petitioner and respondents 2 to 7, and after
affording them an opportunity of being heard. The legal and
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factual contentions raised by the petitioner and the
respondents are left open to be raised before the 1 st
respondent Board, at the appropriate stage. It would be
open to both sides to submit written submissions before the
1st respondent Board, which shall be dealt with
appropriately, while taking a decision.
Considering the fact that the absence of approval for the
festival notice in temples which are under the management
of the Travancore Devaswom Board is creating a lot of
issues during the conduct of annual festivals, we deem it
appropriate to direct the 1 st respondent Board, through the
Devaswom Commissioner, issue a circular requiring the
concerned Assistant Devaswom Commissioners to ensure
that the annual festival and other ceremonies in the temples
under the management of Travancore Devaswom Board are
conducted only after obtaining approval for the programme,
by the competent authority, as provided in Clause (33) of
Chapter II of Travancore Devaswom Manual - Volume II
(Office Manual). A proposal for approval of the programme
of the annual festival and other ceremonies in the temple
shall be routed through the concerned Assistant Devaswom
Commissioner, at least six weeks before the commencement
of the annual festival and other ceremonies. On receipt of
such proposal, along with the report of the concerned
Assistant Devaswom Commissioner, the competent authority
shall take appropriate decision, within a period of two
weeks. Strict action shall be taken against the office
bearers of the Temple Advisory Committees, in case the
annual festival and other ceremonies are conducted without
obtaining approval for the programme. The 1 st respondent
Board shall take necessary steps in this regard, as
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expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a certified copy of this
judgment."
16. In W.P.(C)No.25713 of 2023, one of the reliefs sought
for is a writ of mandamus commanding the Travancore Devaswom
Board to form a Master Plan Committee, including the members of
the Temple Advisory Committee of Thiruvalla Sree Vallabha
Temple, for organising, convening and implementing the
predictions and findings of the Devaprasnams of the years 2004
and 2022, the essential conduct of 'Ashtabandha Kalasam' and the
reinstallation of the damaged golden flag mast. The request made
by the writ petitioner to form a Master Plan Committee in
Thiruvalla Sree Vallabha Temple has already been rejected by
Ext.R1(b) order dated 02.08.2023 of the Devaswom
Commissioner, since the additional 5 th respondent Temple
Advisory Committee constituted as per the statutory requirements
of sub-section (3) of Section 31A of the Travancore-Cochin Hindu
Religious Institutions Act, 1950, is in office. In view of the law laid
down by this Court in Major Vellayani Devi Temple Advisory
Committee [2023 (2) KHC 290] and reiterated in
Rajalekshmi P. [2023 (3) KHC 491], other than the Temple
Advisory Committee constituted under Section 31A of the Act, no
other committees like Devaprasna Pariharakriya Samithi,
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Annadana Samithi, Vikasana Samithi, etc., can have any activity
whatsoever in Thiruvalla Sree Vallabha Temple. The 1 st respondent
Travancore Devaswom Board and its officials, i.e., respondents 2
to 4, shall take necessary steps to ensure compliance of the
above direction, in letter and spirit, in Thiruvalla Sree Vallabha
Temple.
17. The golden Dwajam of Thiruvalla Sree Vallabha Temple
sustained damage due to lightning and the same was removed,
pursuant to which Ashtamangala Devaprasnam was conducted in
February 2022, in which several remedial measures were
suggested. The previous Temple Advisory Committee, which
was in office till October 2022, had done some of the remedial
measures suggested. The Temple Advisory Committee constituted
in November 2022 completed the remedial measures in respect of
Nagar Prathishta and vazhipadu in different temples suggested in
the Devaprasnam. As evident from Ext.R1(a) minutes dated
04.08.2023 all stakeholders agreed to complete the remedial
measures, construction of toilet blocks, etc. However, the Tantri
opined that the toilet facilities should be provided outside the
compound wall of the temple. The reinstallation of the golden
Dwajam of Thiruvalla Sree Vallabha Temple, which sustained
damage due to lightning, was the subject matter of DBP No.80 of
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2024 registered based on Report No.47 of 2024 of the learned
Ombudsman in Complaint No.87 of 2024. The said DBP, which
was listed along with this writ petition and DBP, has already been
disposed of by the order dated 04.02.2025. The learned Standing
Counsel for Travancore Devaswom Board would submit that, as
stated in the counter affidavit dated 15.09.2023 filed by
respondents 1 to 4 in W.P.(C)No.25713 of 2023, the remaining
poojas and remedial measures can be done after the completion
of the construction activities. In such circumstances, the
Travancore Devaswom Board and Devaswom Commissioner are
directed to take necessary steps to ensure that the remaining
poojas and remedial measures as per Ext.P3 (in W.P.(C)No.25713
of 2023) Ashtamangala Devaprasna Charthu of the Ashtamangala
Devaprasnam conducted in Thiruvalla Sree Vallabha Temple, in
February 2022, are completed in a time-bound manner, as per the
opinion of the Tantri of the said temple.
The writ petition and DBP are disposed of, in terms of the
directions contained hereinbefore at paragraphs 16 and 17.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MSA
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APPENDIX OF WP(C) 25713/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RULING REPORTED AS S.
MAHENDRAN V. THE SECRETARY, TRAVANCORE
DEVASWOM BOARD, THIRUVANANTHAPURAM AND
OTHERS (1993 KHC 523)
Exhibit P2 A TRUE COPY OF THE SAID REPRESENTATION
DATED 24.05.2023 THUS SUBMITTED BY THE
PETITIONER BEFORE RESPONDENT NO.1
RESPONDENT EXHIBITS
Exhibit-R1(a) True copy of the minutes of the meeting
convened by the learned Ombudsman held
on 04.08.2023 (Roc. No.11258/21/M
Exhibit-R1(b) True copy of ROC.329/21/N.S.2 dated
02.08.2023 issued by the 2nd respondent
PETITIONER EXHIBITS
Exhibit P3 A TRUE COPY OF THE ASHTAMANGALA
DEVAPRASNAM CHARTHU' OF 2022 PERTAINING
TO SREE VALLABHA MAHA TEMPLE, THIRUVALLA
RESPONDENT EXHIBITS
Exhibit R5(e) A true copy of the direction issued by
the Secretary, Devswom Board, dated
14.08.2023
Exhibit R5(j) A true copy of the complaint, dated
31.07.2023, submitted by the Advisory
Committee before the Devaswom Ombudsman
Exhibit R5(k) A true copy of the circular issued by
the Secretary,Travancore Devaswom Board,
ROC.No.3425/23/Vig dated 08.09.2023
Exhibit R5(l) A true copy of the order issued by the
Deputy Devaswom Commisioner dated
02.08.2023
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Exhibit R5(i) A true copy of the letter submitted by
the Temple Advisory Committee before the
Devaswom Commissioner seeking enquiry,
dated 03.07.2023
Exhibit R5(f) A true copy of the muhurtha charthu
dated 20.09.2023
Exhibit R5(b) A true copy of the request dated
27.07.2023 submitted by the Temple
Advisory Committee before the Assistant
Devaswom Commissioner
Exhibit R5(c) A true copy of the minutes of the
meeting presided by the President, TDB,
dated 28.06.2023
Exhibit R5(d) A true copy of the summary of
proceedings and the decisions taken in
the meeting conducted by the Board,
issued by the Devaswom President, dated
04.08.2023
Exhibit R5(h) A true copy of the representation
submitted by the 5th respondent before
the Devaswom Commissioner, dated
03.05.2023
Exhibit R5(g) A true copy of the Ashtamangala Parihara
kriya schedule issued by the Temple
Tantri dated 03.10.2023
Exhibit R5(a) A true copy of the request submitted by
the Temple Advisory Committee before the
Assistant Devaswom Commissioner,
Thiruvalla, dated 15.05.2023
PETITIONER EXHIBITS
Exhibit P4 The true copy of the Circular No.R.O.C
16204/16/N.S dated 1/3/2023 passed by
the Travancore Devaswom Board
Exhibit P5 The true copy of the Circular No.R.O.C
17822/23/N.S 2 dated 20/10/2023 passed
by the Travancore Devaswom Board
