Suo Motu vs State Of Kerala on 18 June, 2025

[Cites 0, Cited by 0]

Kerala High Court

Suo Motu vs State Of Kerala on 18 June, 2025

This DBP is registered suo motu based on a complaint dated 29.03.2023 made by a devotee of Thirumullavaram Sree Mahavishnu Swamy Temple. In the complaint, it is pointed out that reconstruction of the Nalambalam, which was demolished for that purpose, is yet to be completed. On 09.03.2023, a relative of the complainant fell into the drainage in the Nalambalam and sustained injuries. A copy of the Board order dated 30.11.2017 granting administrative sanction for reconstruction of the Valiyambalam, Chuttambalam and Balikalpura of Thirumullavaram Sree Mahavishnu Swamy Temple is produced along with the complaint.

2. On 14.06.2023, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

3. The learned Standing Counsel has filed an affidavit dated 28.09.2023 on behalf of respondents 2 to 4, producing therewith Annexures R2(a) to R2(e) documents. Paragraphs 2 to 12 of that affidavit read thus:

DBP NO. 42 OF 2023 3 2025:KER:44433 "2. It is submitted that the above DBP is filed against the inordinate delay caused in renovation works of Thirumullavaram Sree Maha Vishnu Swamy Temple. The Travancore Devaswom Board vide Order No. ROC. 8322/17/M dated 26.05.2017 had granted permission for the then temple advisory committee for various renovation works which includes Construction of Valiyambalam, Chuttambalam and Balikalpura upto roof level under the supervision of the Maramath officers. Accordingly Board vide Order No.ROC 8322/17M Dated 30.11.2017 had accorded sanction to dismantle the old Chuttambalam under the full contribution of the Temple Advisory Committee and to refix all the existing wooden members without changing it's measurements which have to be removed and kept in the safe custody of Devaswom. Subsequently the Temple Advisory Committee had executed an agreement on 16.02.2018 with time of completion of twelve months based on the approved plan by Sri Kanipayoor Krishnan Namboothiri. It was also stated that after the foundation and the completion of structural works over the same, the removed woods from Kazhukol, Uttharam etc shall be erected in the same position without any changes in the measurements and with the own expense of the TAC.

3. It may be noted that in the meantime administrative sanction was also provided by the Board vide Order No.ROC.8322/17M Dated 30.11.2017 for the purpose of Copper roofing of Chuttambalam. Board had granted permission for the estimate amount of Rs.1,21,40,000/-

DBP NO. 42 OF 2023 4 2025:KER:44433 based on DSR 2014. However, the tenure of the TAC which got expired during 2019 were unable to complete the construction. The works which is stated to be completed by the TAC is upto Padukam of basement and was held up for no reasons. As there was no response from Temple Advisory Committee regarding the execution of balance work, several notices have been issued to resume the work urgently. But there was no response from the side of Temple Advisory Committee.

4. It is Submitted that the Board had accorded sanction to issue sealed coupons for Rs.20 lakhs as first installment to the Temple Advisory Committee. Subsequently this respondent had released sealed coupons amounting to Rs.29,00,000/- totally Rs.49,00,000/-which includes Rs.5,00,000/-for prathishta expenses. Even though sealed coupon amounting to Rs.49,00,000/- has been issued to the TAC, the work done up to basement level doesn't cost this amount which has to be verified to ascertain the amount incurred for this.

5. The basement works of nalambalam balikalpura and four upadevalayams inside the nalambalam which includes Sub deities of Lord Ganapathy, Sasthavu, Murugan and devi. Wall and door has been constructed for the Sub deities. Roofing of the sub deities can be done simultaneously only when the nalambalam is constructed. Presently temporary roofing is only provided for the Sub deities. Basement works of Sreekovil and Namaskaramandapam was stated to be done and completed by sponsors alone.

DBP NO. 42 OF 2023 5 2025:KER:44433

6. It may be noted that the Board had accorded sanction vide Order ROC. No. 8322/17M Dated 16.05.2023 to entrust the present TAC to complete the balance work up to roof level. The TAC has executed agreement on 18.05.2023 for the balance works of constructing Valiyambalam, Chuttambalam and Balikkalppura on sponsorship basis. The construction of the above structure was directed to be done with good quality with ashlar stone for walls and teak wood members except copper sheet covering and Chempalaka which is to be done by the Board. The Administrative Officer after issuing notice to the erstwhile TAC had obtained the accounts for the sealed coupon of Rs.49 lakhs and the same was forwarded to the Assistant Devaswom Commissioner, Kollam. The Assistant Devaswom Commissioner, Kollam has forwarded the same for audit and the same is now pending before the Audit Department.

7. It is submitted that after the tenure of the TAC, new temple advisory Committee could not be constituted in view of difference of opinion and therefore Ad-hoc Committees were constituted for the purpose of conducting Festival. On account of Covid-19, two years was completely lost also. On 14.11.2022, new temple advisory committee was constituted in the said temple. Thereafter the Devaswom officials had a meeting with the temple advisory committee at the board office on 07.02.2023. In the said meeting, it was decided to take all possible steps to ensure that the remaining works are completed at the earliest.

8. It may be noted that near to the temple and Sea Shore, DBP NO. 42 OF 2023 6 2025:KER:44433 a trust by name Balitharpana Bhoomi Samrakshana Paripalana Trust was formed and they were indulged in the Balitharpanam activities by exploiting the devotees. While the Board was charging Rs.75/- from the devotees for Balitharpanam, the aforesaid trust was charging Rs.100/- from the devotees. The office bearers of the TAC were also seen actively functioning as the office bearers of the aforesaid trust also. As allegations were raised against the TAC as well as the trust, the Board had entrusted it's Vigilance wing to enquire about the matter. Accordingly the Vigilance wing had submitted it's report dated 16.05.2023 to the President of the Travancore Devaswom Board vide covering letter dated 28.05.2023. A true copy of the covering letter dated 28.05.2023 along with the vigilance report dated 16.05.2023 submitted to the president of the TDB is produced herewith and marked as Annexure R-2(a).

9. It is submitted that this Hon'ble Court vide Interim Order dated 20.07.2023 has already restrained the TAC from involving in any manner in the management of the temple. On account of the delay caused in the renovation works, the devotees are unhappy and the same is tarnishing the name of the Board in the Social Media Platform also. The Board considering the said aspect had already entrusted the Chief Engineer to submit a report regarding the practicability of preparing a Master Plan for the total development of the temple as done earlier at Kottarakara Maha Ganapathy temple. Apart from that the Devaswom Commissioner has also been entrusted to submit report regarding acquisition DBP NO. 42 OF 2023 7 2025:KER:44433 of land for the development of the temple. The Special Tahsildar (Land Conservancy Unit) as per the direction of this Hon'ble Court dated 10.08.2023 has already visited the temple and has submitted a report along with sketch before this hon'ble Court showing the details of the properties which can be acquired. For the time being, the Board vide order dated 20.09.2023 has decided to enter into the lease agreement for a period of ten years with regard to the property having extent of 33.91 ares which is in the possession of Joy resorts. Apart from that it was also decided to have lease agreement for 1.40 ares and in total 35.31 ares (87.21 cents) of property for performing Balitharpanam purpose. A true copy of the Board Order dated 20.09.2023 is produced herewith and marked as Annexure R-2(b). Accordingly the Board vide Order dated 26.09.2023 has decided to depute two purohits on allowance as done at Varkala Devaswom. Apart from that it has been decided to depute one Watcher and PT Thali for Special duty. It has also been decided to entrust the Chief Engineer to arrange facilities like Semi permanent Balithara, Ticket Counter, Toilet Block and Store in the leased property. A true copy of the Board Order dated 26.09.2023 is produced herewith and marked as Annexure R2(c).

10. It is further submitted that the report of the Assistant Devaswom Commissioner, Kollam dated 16.09.2023 to the Devaswom Commissioner suggests for appropriate decision from the Board to conduct the remaining works by the department directly for which necessary permission be DBP NO. 42 OF 2023 8 2025:KER:44433 granted for collecting the funds directly from the devotees as per DFF-1 receipts also. The Executive Engineer vide report dated 27/09/2023 had placed his report to the Chief Engineer in the matter. A true copy of the report of the Executive Engineer dated 27.09.2023 submitted to the Chief Engineer is produced herewith and marked as Annexure R- 2(d). The Board after considering annexure R1(d) report had passed an order on 28.09.2023 whereby it has been decided to complete the remaining works of the temple within a time frame by the department directly. It was also decided to entrust the Chief Engineer to urgently prepare estimate in this regard. A true copy of the Board Order dated 28.09.2023 is produced herewith and marked as Annexure R-2(e).

11. It is Submitted that the Board has not granted any special privilege by any order for the Complainant for having right to offer pooja and other ceremonies on the first day of the festival. The Temple Advisory Committees only has granted such a privilege to the Complainant. The alleged unfortunate incident stated in the complaint happened during the festival time when there was immense crowd. The Devaswom officials had rendered necessary medical assistance to the person concerned then and there itself also. Apart from the alleged incident, no further case of such a kind had happened thereafter as the Devaswom officials are properly warning the devotees

12. It is further submitted that after interim order dated 20.07.2023 in W.P.(C)No.22375 of 2023, the Nitya DBP NO. 42 OF 2023 9 2025:KER:44433 balitharpanam is being conducted by the Board smoothly and till 19.08.2023 for a period of one month 9201 total bali was performed and an amount of Rs.6,90,075/- was obtained. Apart from that there was increase in the Pal payasam Vazhipadu, Thilahomam Vazhipadu, etc. also. The Board will immediately obtain a report along with a proper estimate of the balance works remaining in the said temple from the Chief Engineer and the Board will conduct the remaining works through it's Maramath wing within a time frame fixed by this Hon'ble Court."

4. Heard the learned Senior Government Pleader for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4.

5. The delay in the matter of completion of the renovation of the temple structures has been explained in the affidavit dated 28.09.2023 filed by respondents 2 to 4. By Annexure R2(e) order dated 28.09.2023, the Board has decided to complete the remaining works, within a time frame, directly by the department and the Chief Engineer has been authorised to prepare an estimate in that regard. Regarding the incident that happened on 09.03.2023, it is stated in the affidavit filed by respondents 2 to 4 that the Devaswom officials rendered necessary medical assistance to the devotee, who fell into the drainage in the DBP NO. 42 OF 2023 10 2025:KER:44433 Nalambalam, which happened during festival time. Thereafter, the Devaswom officials are properly warning the devotees. Thereafter, no such incident happened in the temple.

6. In the affidavit filed by respondents 2 to 4, it is stated that Nithya Balitharpanam is being conducted by the Travancore Devaswom Board pursuant to the interim order dated 20.07.2023 in W.P.(C)No.22375 of 2023.

In such circumstances, subject to further orders to be passed in W.P.(C)No.22375 of 2023, this DBP is disposed of by directing the Travancore Devaswom Board and its officials to take necessary steps to ensure the safety of the devotees in the premises of Thirumullavaram Sree Mahavishnu Swamy Temple, so that the incident that happened on 09.03.2023 is not repeated.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

 DBP NO. 42 OF 2023              11               2025:KER:44433



                     APPENDIX OF DBP 42/2023

RESPONDENTS' ANNEXURES

Annexure-R2(a)       True copy of the covering letter dated

28/05/2023 along with the vigilance report dated 16/05/2023 submitted to the president of the TDB.

Annexure-R2(b) True copy of the Board Order dated 20/09/2023.

Annexure-R2(c) True copy of the Board Order dated 26/09/2023.

Annexure-R2(d) True copy of the report of the Executive Engineer dated 27/09/2023 submitted to the Chief Engineer.

Annexure-R2(e) True copy of the Board Order dated 28/09/2023.

Unlock Advanced Research with PRISMAI

Kerala High Court