Kerala High Court
*The Temple Advisory Committee Of ... vs State Of Kerala on 13 March, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
DBP NO. 88 OF 2024 1 2025:KER:23480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 13
TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
DBP NO. 88 OF 2024
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - THIRU
MOOZHIKKULAM SREELAKSHMANA PERUMAL TEMPLE - MATTER PERTAINING TO
INADEQUATE FACILITIES IN THE TEMPLE - SUO MOTU PROCEEDINGS
INITIATED BASED ON A COMPLAINT DATED 15/08/2024 MADE BY THIRU
MOOZHIKULAM TEMPLE ADVISORY COMMITTEE - REG.
PETITIONER/COMPLAINANT:
* THE TEMPLE ADVISORY COMMITTEE OF MOOZHIKKULAM
SREELAKSHMANA PERUMAL TEMPLE,
MOOZHIKKULAM, KURUMASSERY P.O., ERNAKULAM 683579,
REPRESENTED BY ITS SECRETARY
* THE 7TH RESPONDENT TEMPLE ADVISORY COMMITTEE IS SUO
MOTU TRANSPOSED AS THE PETITIONER/COMPLAINANT AS ABOVE
AS PER THE ORDER DATED 02/09/2024 IN DBP.NO.88/2024.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM - 695003.
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695003.
4 DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM-686141.
DBP NO. 88 OF 2024 2 2025:KER:23480
5 ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, KANNANKULANGARA LINK RD,
ERNAKULAM, NORTH PARAVUR, KERALA 683513.
6 SUB GROUP OFFICER,
MOOZHIKKULAM SREE LAKSHMANA PERUMAL TEMPLE,
MOOZHIKKULAM, KURUMASSERY P.O., ERNAKULAM 683579.
*7 THE TEMPLE ADVISORY COMMITTEE OF MOOZHIKKULAM
SREELAKSHMANA PERUMAL TEMPLE (* TRANSPOSED)
MOOZHIKKULAM, KURUMASSERY P.O., ERNAKULAM 683579,
REPRESENTED BY ITS SECRETARY
* THE 7TH RESPONDENT TEMPLE ADVISORY COMMITTEE IS SUO
MOTU TRANSPOSED AS THE PETITIONER/COMPLAINANT AS PER
THE ORDER DATED 02/09/2024 IN DBP.NO.88/2024.
BY ADV G.BIJU, SC, TDB
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DBP NO. 88 OF 2024 3 2025:KER:23480
ORDER
Muralee Krishna, J.
This DBP is registered suo motu, vide proceedings dated
30.08.2024, based on a complaint dated 15.08.2024 submitted by
the Temple Advisory Committee of Thiru Moozhikkulam temple,
addressed to a learned Judge of this Court, pointing out
inadequate facilities in the said temple, which is under the
management of the 2nd respondent Travancore Devaswom Board.
2. In the complaint, it was alleged that though the
Travancore Devaswom Board spends lakhs of rupees for the
construction of temporary roofing and towards electricity
expenses, no sufficient parking space was made for the vehicles
of the devotees coming to Thiru Moozhikkulam temple. Some
suggestions are also made in the complaint regarding the
infrastructure facilities to be made in the temple.
3. On 02.09.2024, when this matter came up for
consideration, the 7th respondent Temple Advisory Committee was
suo motu transposed as the petitioner/complainant. Notice was
ordered to the petitioner/complainant by speed post returnable
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within four weeks. The learned Senior Government Pleader
entered appearance for the 1st respondent and the learned
Standing Counsel for Travancore Devaswom Board for
respondents 2 to 6. The 2nd respondent was directed to place on
record an affidavit within four weeks.
4. In pursuance to the above direction, the 2nd respondent
filed an affidavit dated 24.02.2025. Paragraphs 3 to 7 of that
affidavit read thus:
"3. It is submitted that the Devaswom Commissioner has
directed the Assistant Devaswom commissioner North
Paravur to provide adequate facilities other than the basic
amenities for the devotees. True copy of the letter No.RDO:
12839/24/NSI dated 02.12.2024 issued by the Deputy
Devaswom Commissioner, Travancore Devaswom Board to
the Assistant Devaswom Commissioner is produced
herewith and marked as Annexure-R2(a).
4. It is submitted that a report from the Assistant
Devaswom Commissioner was sought in this regard. He
reported that there was little delay in the construction of
the Shed in the temple premises during the Nalambala
darshanam for the year 1199 ME. That was the main reason
for the complaint regarding inadequacy of facilities for the
devotees. But, all the works had been completed before 1st
of karkidakam, 1199 ME. The entire festival in connection
with the karkidaka maasacharanam and Nalambala
DBP NO. 88 OF 2024 5 2025:KER:23480
Darshanam was completed without any room for complaint.
The Assistant Devaswom Commissioner, North Paravur has
given necessary instructions to the Assistant Engineer,
Aluva regarding the maramath works to be completed for
Nalambala darshanam in the year 1200 ME.
5. In addition to the above, the Board directed the Chief
Engineer to provide necessary facilities for the pilgrims
during the Nalambala Darshanam. There will not be any
rush in the temple during the rest of the year.
It is submitted that this Honorable court as per the
Judgment in WP(C): 25929/2022 directed the Devaswom to
provide separate que for senior citizens, differently abled
and mentally challenged persons and such other special
category of persons and further In DBP 65/2023 directed
the Travancore Devaswom Board to provide proper facilities
for the devotees during Nalambala Darsanam, by providing
separate que for aged and sick persons, drinking water
facility, toilet facility etc. and also directed to provide
sufficient number of ticket counters and vazhipadu
counters. The directions issued by this Hon'ble Court was
complied in letter and spirit by providing the above facilities
to the devotees in the year 2022, 2023 and also in 2024.
6. It is submitted that in the number of devotees visiting
the Moozhikkulam Lakshmana Perumal temple is
comparatively very low. Only during the Nalambala
Darshanam period in the month of Karkidakam every year,
there will be rush in the temple and all arrangements are
being made every year to meet this. The demands of the
Temple Advisory Committee to Seevelippura, to construct
DBP NO. 88 OF 2024 6 2025:KER:23480
three storied auditorium above the existing structure etc
are not practically viable with the income from the temple.
The consumption of electricity in the temple is very low. The
cost for providing solar electrification system will be
approximately 15 lakhs. The present electricity charge of
temple is less than the interest on the amount required for
installing the solar panels. The cost for purchasing the
parking ground also is very expensive and not practically
feasible.
7.It is submitted that the Advisory Committee is well
aware of the situation of the Temple. They are expected to
support the Devaswom in arranging facilities to the
devotees rather than making baseless complaints and
unworkable demands. If the Advisory Committee is
prepared to obtain any sponsor to do the above works, the
Board will positively consider the same to be carried out in
the manner directed by this Hon'ble Court for other sponsor
works."
5. In spite of service of notice none appeared for the
petitioner/complainant. Heard the learned Senior Government
Pleader and the learned Standing Counsel for the Travancore
Devaswom Board.
6. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
DBP NO. 88 OF 2024 7 2025:KER:23480
unincorporated Devaswoms and of other Hindu Religious
Endowments and Funds.
7. Section 15A of the Act, inserted by Act 5 of 2007, with
effect from 12.04.2007, deals with duties of the Board. As per
Section 15A, it shall be the duty of the Board to perform the
following functions, namely, (i) to see that the regular traditional
rites and ceremonies according to the practice prevalent in the
religious institutions are performed promptly; (ii) to monitor
whether the administrative officials and employees and also the
employees connected with religious rites are functioning properly;
(iii) to ensure proper maintenance and upliftment of the Hindu
religious institutions; (iv) to establish and maintain proper
facilities in the temples for the devotees. As per Section 16 of the
Act, the Board shall, subject to the provisions of Part I of the Act,
exercise supervision and control over the acts and proceedings of
all officers and servants of the Board and of the Devaswom
Department.
8. 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,
DBP NO. 88 OF 2024 8 2025:KER:23480
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.
9. In Ram Mohan Das v. Travancore Devaswom Board
and others [1975 KLT 55] a learned Single Judge of this Court
held that, under Section 31 of the Travancore-Cochin Hindu
Religious Institutions Act the Travancore Devaswom Board shall
manage the properties and affairs of the Devaswoms, both
incorporated and unincorporated and arrange for the conduct of
the daily worship and ceremonies and of the festivals in every
temple according to its usage. The position of the Board in regard
to the Devaswoms - incorporated and unincorporated - is
analogous to that of trustees. Any improper act of the Trustees
could be questioned by a worshipper.
10. In S. Mahendran v. Secretary, Travancore
Devaswom Board and others [AIR 1993 Kerala 42] a
Division Bench of this Court held that, under Section 31 of the
Travancore-Cochin Hindu Religious Institutions Act a duty is cast
on the Travancore Devaswom Board to arrange for the conduct of
the daily worship and ceremonies a temple in accordance with its
DBP NO. 88 OF 2024 9 2025:KER:23480
usage. The Board has no right to alter or modify the same. The
Government have no power or authority to issue any order or
direction in this matter and the management is within the
prerogative of the Devaswom Board subject to the provisions of
the said Act.
11. In Rajani P. Kuttan and another v. State of Kerala
and others [2021 (6) KHC 513] a Division Bench of this Court
noticed that among the 1250 Temples managed by the Travancore
Devaswom Board, only 60 major Temples are self-sufficient and
the rest are being managed utilising the surplus income from
Sabarimala Devaswom. The total number of sanctioned posts in
various categories in the Travancore Devaswom Board is 5692 and
the total number of pensioners is 5749. The major source of
revenue of the Travancore Devaswom Board is the income
received by way of offering by the devotees, the amount received
from vazhipadu and the revenue generated through the auction of
temple premises for various activities in connection with rituals
and festivals in the Temples. Paragraph 59 of the said judgment
reads thus:
DBP NO. 88 OF 2024 10 2025:KER:23480
"59. The Financial position of the Devaswom Board:-
The competent officer of the Devaswom Board filed an
affidavit dated 14.06.2021 stating its financial
position. It is submitted that there are 1250 temples
under the Administrative Control of the Devaswom
Board. The total number of sanctioned posts in various
categories in the Devaswom Board is 5692, and the
total number of pensioners is 5749. It is further
submitted that the major sources of revenue of the
Devaswom Board are the income received by way of
offerings from devotees, the amount received from
vazhipadu, and the revenue generated through the
auction of the temple premises for various activities in
connection with rituals and festivals in the temples.
Besides this, the Devaswom Board gets an
approximate sum of 14 crores per annum by way of
the rent of the buildings owned by it. The annual
contribution from the State Government under Article
290A of the Constitution of India is Rs.80 lakhs. It is
further submitted that among the 1250 temples
managed by the Devaswom Board, only 60 major
temples are self-sufficient, and the rest are being
managed utilising the surplus income from Sabarimala
Devaswom. Now, due to the spread of the Covid-19
pandemic, the temples remain closed, and the major
source of income has come down. The Devaswom
DBP NO. 88 OF 2024 11 2025:KER:23480
Board is finding it difficult even to pay the salary of the
existing employees. The pleadings regarding the
financial position of the Devaswom Board in the
affidavit dated 14.06.2021 have not been controverted
by the petitioners." (underline supplied)
12. In view of the provisions under the Travancore-Cochin
Hindu Religious Institutions Act and also the law laid down in the
decisions referred to supra, the 2nd respondent Travancore
Devaswom Board is duty bound to ensure proper administration,
supervision and control of the temples under its management. The
Board has a statutory duty to monitor whether its administrative
officials and employees and also the employees connected with
religious rites are functioning properly. The Board is duty-bound
to exercise proper supervision and control over the acts and
proceedings of all officers and servants to manage the properties
and affairs of the temple under its management and conduct daily
worship and ceremonies and also festivals in the temple according
to its usage. The position of the Board in this regard is analogous
to that of trustees. Any improper act of the trustees could be
questioned by a worshiper.
DBP NO. 88 OF 2024 12 2025:KER:23480
13. In W.P.(C)No.25929 of 2022, this Court, considered
the writ petition filed by a devotee under Article 226 of the
Constitution of India, seeking a declaration that the action of
respondents 1 to 6 in allowing the devotees who are making
'Nalambala Darshanam' in Thriprayar Sree Ramaswami Temple,
Sree Koodalmanikyam Temple, Thiru Moozhikkulam Sree
Lakshmana Temple and Payammal Sree Shathrughnan Temple, by
availing the tour packages offered by the 7th respondent Kerala
State Road Transport Corporation (KSRTC), without following the
queue system, while all the other devotees including senior
citizens, differently-abled devotees and other special categories of
devotees, pregnant women and women with infants in their hands
could make darshan only by following the queue system, is
arbitrary and discriminatory. In that writ petition, the petitioner
has also sought for a writ of mandamus commanding respondents
3 to 6 to provide a special queue for senior citizens, differently-
abled and other special categories of devotees, for making
'Nalambala Darshanam' in the aforesaid temples. This Court, after
considering the writ petition, passed the judgment dated
01.11.2022 whereby the writ petition was disposed of by making
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the interim order dated 12.08.2022 absolute, by holding that the
provision of a separate queue for the devotees in Thriprayar Sree
Ramaswami Temple, Sree Koodalmanikyam Temple, Thiru
Moozhikkulam Sree Lakshmana Temple and Payammal Sree
Shathrughnan Temple, who avail the Pilgrim Tourism Packages of
KSRTC for 'Nalambala Darshanam', is per se arbitrary and illegal,
which cannot be permitted to continue. Therefore, all the devotees
have to follow the queue system in the temples for 'Nalambala
Darshanam'. However, a separate queue has to be provided for
senior citizens, differently-abled and mentally challenged persons
and such other special categories of persons, who require special
attention and care.
14. In DBP No.65 of 2023 which was registered suo moto
vide proceeding dated 14.07.2023 based on a news report that
appeared in Malayala Manorama Daily dated 13.07.2023 in
connection with 'Naalambala Darshanam' of the year 2023, this
Court considered the various orders passed in connection with
'Naalambala Darshanam' of the year 2022 in the judgment dated
01.11.2022 in W.P.(C) No.25929 of 2022. After considering the
submissions made at the bar and the previous orders on the
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subject, this Court disposed of that DBP as per the order dated
21.07.2023. Paragraphs 15 to 17 and operative portion of that
order read thus:
"15. Having considered the submissions made at the Bar,
this DBP is disposed of by directing Cochin Devaswom
Board, Travancore Devaswom Board and Koodalmanikyam
Devaswom to provide proper facilities for the devotees in
the temples under their management, during 'Nalambala
Darshanam', by providing separate queue for aged and sick
persons, drinking water facility, toilet facility, etc. Sufficient
numbers of ticket counters and Vazhipadu counters shall
also be provided in the respective temples, so that, the
devotees can perform 'Vazhipadu' without any delay.
16. The submission made by the learned counsel for the
7th respondent Executive Officer that necessary
arrangements have already been made in Sree
Shathrughna Temple, Payammal for comfortable darshan of
the devotees during 'Naalamabala Darshanam', by
providing separate queue for aged and sick persons and
also Annadhanam, is recorded.
17. The submission of the learned Senior Government
Pleader that the District Administration and also the District
Police have already made necessary arrangements for
crowd management and maintenance of law and order in
connection with 'Naalambala Darshanam'; and that Medical
teams under the District Medical Officer, Ernakulam and the
District Medical Officer, Thrissur are rendering medical
DBP NO. 88 OF 2024 15 2025:KER:23480
support to the devotees; and that Fire and Rescue teams
and revenue officials have also been deployed in connection
with 'Naalamabala Darshanam', is also recorded.
The directions contained in the judgment dated 01.11.2022
in W.P.(C)No.25929 of 2022 and that contained in this order
shall be complied with by all concerned during 'Naalamabala
Darshanam' in the coming years as well."
Having considered the various judgments and orders
referred to above and the submissions made at the Bar, this DBP
is disposed of directing all concerned to scrupulously comply with
the directions in the judgment dated 01.11.2022 in
W.P.(C)No.25929 of 2022 and that contained in the order dated
21.07.2023 in DBP No.65 of 2023 in its letter and spirit, by
providing facilities to the devotees to exercise their right to
worship in an accustomed manner, subject to the practice and
custom followed in that temple.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV/-
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RESPONDENTS' ANNEXURES
Annexure R2(a) True copy of the letter No.RDO:
12839/24/NSI dated 02.12.2024 issued by the
Deputy Devaswom Commissioner, Travancore
Devaswom Board to the Assistant Devaswom
Commissioner.
