M. Radhakrishnan vs Travancore Devaswom Board on 17 December, 2024

[Cites 10, Cited by 0]

Kerala High Court

M. Radhakrishnan vs Travancore Devaswom Board on 17 December, 2024

The petitioners, who were the members/office bearers of the Temple Advisory Committee of Major Vellayani Devi Temple, under Vellayani Devaswom, which is a temple under the management of the 1st respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P21 communication dated 24.02.2023 issued by the 2nd respondent Devaswom Commissioner to the 3rd respondent Deputy Devaswom Commissioner, Thiruvananthapuram; Ext.P22 communication dated 25.02.2023 issued by the Secretary of the 1st respondent Travancore Devaswom Board, whereby a copy of Ext.P21 communication of the 2nd respondent Devaswom Commissioner was communicated to the President and Secretary of the Temple Advisory Committee of Major Vellayani Devi Temple; and Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner, whereby the Temple Advisory Committee of Vellayani Devi Temple, which was granted approval vide Ext.P2 communication dated 06.08.2022 W.P.(C)NO.17040 OF 2023 2024:KER:95475 5 of the 2nd respondent, stands dissolved, for the reasons stated therein. The petitioners have also sought for a writ of mandamus, restraining respondents 1 to 3 from appointing an Ad-Hoc committee from among the organised political groups at Major Vellayani Devi Temple, in the place of the Temple Advisory Committee constituted as per Ext.P2 communication dated 06.08.2022.

2. By the order dated 30.05.2023, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions as to the circumstances in which the name of the Travancore Devaswom Board is printed on the letterhead of the Temple Advisory Committee. On 06.06.2023, when this matter came up for consideration, this Court allowed I.A.No.1 of 2023 filed by third parties, who are the devotees of Major Vellayani Devi Temple, who were impleaded as additional respondents 4 to

6. The learned Standing Counsel for the Board, after referring to Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner, submitted that despite the directions contained in the judgments of this Court in Major Vellayani Devi Temple Advisory Committee and another v. State of W.P.(C)NO.17040 OF 2023 2024:KER:95475 6 Kerala and others [2023 (2) KHC 290] and Rajalakshmi v. State of Kerala and others [2023 (3) KHC 492], there were lot of issues during the annual festival in Major Vellayani Devi Temple and the Sub Group Officer has submitted a complaint before the concerned Station House Officer.

3. By the order dated 06.06.2023, this Court directed that an affidavit on behalf of the 1st respondent Travancore Devaswom Board, explaining the facts and circumstances, with specific reference to the rituals in connection with Nirapara during Kaaliyootu festival, shall be placed on record within three weeks.

4. Respondents 1 to 3 have filed a counter affidavit dated 20.07.2023, opposing the reliefs sought for in the writ petition, producing therewith Ext.R1(a) a report dated 03.07.2023 of the 2nd respondent Devaswom Commissioner. Additional respondents 4 to 6 have filed a counter affidavit dated 05.03.2024, producing therewith Exts.R4(a) to R4(d) documents.

5. Along with a memo dated 04.06.2024 filed by the learned Standing Counsel for Travancore Devaswom Board, Ext.R1(b) report dated 11.03.2024 of the Vigilance Sub W.P.(C)NO.17040 OF 2023 2024:KER:95475 7 Inspector, addressed to the Chief Vigilance and Security Officer (Superintendent of Police) Travancore Devaswom Board, is placed on record, on the activities of the Temple Advisory Committee in violation of the customary practices of the temple and that in violation of the byelaws framed under sub-section (3) of Section 31A of the Act.

6. Heard the learned Senior Counsel for the petitioners, the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 to 3 and the learned counsel for respondents 4 to 6.

7. The learned Senior Counsel for the petitioners contended that Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner, whereby the Temple Advisory Committee of Major Vellayani Devi Temple stands dissolved, for the reasons stated therein, is highly arbitrary, illegal and it is one issued in violation of the principles of natural justice and the action of the 2nd respondent in that regard is vitiated by mala fides and political considerations. Ext.P21 communication dated 24.02.2023 issued by the 2nd respondent Devaswom Commissioner and Ext.P22 communication dated W.P.(C)NO.17040 OF 2023 2024:KER:95475 8 25.02.2023 issued by the Secretary of the 1st respondent Travancore Devaswom Board are also liable to be interfered with, as arbitrary, illegal and unsustainable.

8. On the other hand, the learned Standing Counsel for Travancore Devaswom Board and also the learned counsel for respondents 4 to 6 contended that the impugned orders warrant no interference in the exercise of the writ jurisdiction of this Court under Article 226 of the Constitution of India. Valid reasons have been stated in Ext.P25 order for dissolving the Temple Advisory Committee of Major Vellayani Devi Temple and those reasons cannot be said to be either arbitrary or illegal, in the light of the law laid down by this Court in Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290] and Rajalakshmi [2023 (3) KHC 492].

9. 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 9 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.

10. 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 10 constituted in order to ensure participation of Hindu devotees. As per sub-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, with has been approved by this Court vide order dated 03.11.2011 in DBA No.153 of 2009.

11. 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 11 Department.

12. Clause (3) of the Rules deals with membership. Clause (3) of the Rules makes it explicitly clear that the membership in '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.

13. In Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290], this Court 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 Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily W.P.(C)NO.17040 OF 2023 2024:KER:95475 12 worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A 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.

14. In Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290], a decision rendered by a Division Bench of this Court in which one among us [Anil K.Narendran, J.] was a party 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 13 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 the usage of that temple.

15. In Rajalakshmi [2023 (3) KHC 492], a decision rendered by a Division Bench of this Court in which one among us [Anil K.Narendran, J.] was a party, the Court was dealing with a case in which the petitioner, 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 Sree Bhadrakali Temple. In W.P.(C)NO.17040 OF 2023 2024:KER:95475 14 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 Sree Bhadrakali Temple, stating that those are outside the radius of the Dikkubali Thara, i.e., outside the traditional boundary.

16. 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 bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 15 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 Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial. Paragraphs 12 to 14 of the said decision read thus;

"12. The learned counsel for the petitioner and also the learned counsel for the 7th respondent Temple Advisory Committee would submit that Kalluvila and Kuzhithalachal falls within the boundary limits for conducting Dikkubali and as such, there is no legal impediment in conducting Dikkubali in those places. On the other hand, the learned Standing Counsel for the Travancore Devaswom Board and also the learned counsel for the party respondents would place reliance on Ext.R2(b).

13. The pleadings and materials on record would show that, for the first time Kuzhithalachal and Kalluvila wards were included in the list of places for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in the year 2017. The said fact is admitted by the petitioner. The specific stand taken in the counter affidavit filed by respondents 2 to 6 is that those two places will not come within the accepted W.P.(C)NO.17040 OF 2023 2024:KER:95475 16 boundary limit followed from time immemorial. In the year 2017, the then President of the Temple Advisory Committee conducted 'Nirapara' in the house of his family members situated in Kuzhithalachal and Kalluvila area without respecting the customary practice and rituals of Vellayani Sree Bhadrakali Temple. The devotees of the temple raised protest on the ground that the infraction of the customary rituals of the temple will invite untoward incidents, detrimental to the residents of the desom. Accordingly, the wish of the deity was ascertained by conducting a 'Thiruvaiprasnam' in front of the deity, as evidenced by Ext.R2(a) Prasnacharthu dated 21.01.2020, in which it was found that conducting nirapara in areas beyond its permitted limits violating the customary rituals of the temple caused depletion of the Chaithanya of the deity. After 'Thiruvaiprasnam', a 'Prayachitham' was done as a remedial measure for having deviated from the customary rituals of the temple. The Mootha Vathi (main priest) of the temple, vide Ext.R2(b) letter dated 28.01.2020, requested the 6th respondent Sub Group officer not to deviate from the traditionally followed boundary limits while conducting nirapara pooja during Kaliyootu festival in the year 2020. Considering the above aspect, the 3rd respondent Devaswom Commissioner issued Ext.R2(c) communication dated 25.08.2020, directed the 4th respondent Assistant Devaswom Commissioner that no deviation from the customary practices of the temple shall be permitted in respect of the conduct of Nirapara/Irakki pooja. Thereafter, a W.P.(C)NO.17040 OF 2023 2024:KER:95475 17 Devaprasanam was conducted in the temple in November, 2022, in which it was found that deviation from customary rituals and practices in conducting Nirapara has affected the divine power of the deity.

14. In view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the 2nd respondent Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The 7th respondent 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 2nd respondent Travancore Devaswom Board and its officials to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial."

17. The Temple Advisory Committee of Major Vellayani Devi W.P.(C)NO.17040 OF 2023 2024:KER:95475 18 Temple under Vellayani Devaswom, in which the petitioners were the elected members/office bearers was elected in the meeting of the registered mandalam of the devotees held on 15.06.2022, which was approved by the 2nd respondent Devaswom Commissioner, vide Ext.P2 communication dated 06.08.2022 addressed to the Assistant Devaswom Commissioner, Neyyattinkara. The term of the Temple Advisory Committee, going by Clause (11) of Ext.P1 byelaws is two years from the date of its approval by the Department.

18. After the Temple Advisory Committee elected on 15.06.2022 took charge, Kaliyoottu festival of 2023 in Major Vellayani Devi Temple was conducted from 14.02.2023 to 24.04.2023. The Temple Advisory Committee along with another filed W.P.(C)No.4729 of 2023, seeking a writ of mandamus commanding the Board and its officials to consider their representation dated 08.02.2023 and take necessary steps to ensure the use of saffron/orange coloured decorative materials at the temple premises and festival ground, during Kaliyootu festival. A devotee of the temple filed W.P.(C)No.5079 of 2023, seeking a writ of certiorari to quash the order dated 10.02.2023 W.P.(C)NO.17040 OF 2023 2024:KER:95475 19 issued by the District Magistrate, Thiruvananthapuram, under Section 81 of the Kerala Police Act, 2011, directing the use of 'politically neutral colours' in the decorations made in connection with Kaliyoottu festival and to avoid any activity affecting law and order in the locality.

19. The aforesaid writ petitions were disposed of by the judgment dated 14.02.2023 - Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]. In the said decision, this Court held that the Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules (byelaws) 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 the said decision, this Court held further that 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 W.P.(C)NO.17040 OF 2023 2024:KER:95475 20 Administration or the Police cannot insist that only 'politically neutral' coloured decorative materials are used for temple festivals. Further, politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples.

20. The principle laid down in the aforesaid decision was reiterated in the judgment dated 28.02.2023 in W.P.(C)No.6788 of 2023 - Rajalakshmi [2023 (3) KHC 492]. In W.P.(C)No.6788 of 2023, the challenge was against a communication dated 24.02.2023 of the Devaswom Commissioner, whereby Kuzhithalachal and Kalluvila wards were removed from 'Dikkubali Nirapara list' of Vellayani Devi Temple, stating that those wards are outside the radius of 'Dikkubali Thara', i.e., outside the traditional boundary. In that writ petition, the petitioner therein, who was a member of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in Vellayani, has sought for a writ of mandamus commanding the Board to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Devi Temple.

21. In Rajalakshmi [2023 (3) KHC 492], this Court reiterated that in view of the provisions of the Travancore-Cochin W.P.(C)NO.17040 OF 2023 2024:KER:95475 21 Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in the temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals 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 (byelaws) 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 in W.P.(C)No.6788 of 2023 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 Major Vellayani Devi Temple, in violation of the accepted boundary limit followed from time immemorial.

22. The communication dated 24.02.2023 of the 2nd respondent Devaswom Commissioner, which was the subject W.P.(C)NO.17040 OF 2023 2024:KER:95475 22 matter of challenge in the decision in Rajalakshmi [2023 (3) KHC 492] is marked as Ext.P21 in this writ petition. The Secretary of the Board, by Ext.P22 communication dated 25.02.2023, informed the President and Secretary of the Temple Advisory Committee about the rejection of the request made to include, Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Major Vellayani Devi Temple, since that request is in violation of the accepted boundary limit followed from time immemorial.

23. The pleadings and materials on record in this writ petition would show that openly flouting the specific direction contained in Ext.P21 communication dated 24.02.2023 of the 2nd respondent Devaswom Commissioner addressed to the 3rd respondent Deputy Commissioner and Ext.P22 communication dated 25.02.2023 of the Secretary of the Board addressed to the President and Secretary of the Temple Advisory Committee of Major Vellayani Devi Temple, enclosing therewith a copy of Ext.P21 order, Irakkipooja was conducted on 26.02.2023 in violation of the accepted boundary limit followed from time immemorial.

W.P.(C)NO.17040 OF 2023 2024:KER:95475 23

24. The finding in Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner is that in violation of the accepted boundary limit followed from time immemorial Irakkipooja was conducted on 26.02.2023, since the members of the Temple Advisory Committee threatened to stay away from the rituals in connection with Kaliyoottu Maholsavam. In the said order, the 2nd respondent Devaswom Commissioner found further that on account of the obstructions caused by the devotees, including certain members of the Temple Advisory Committee, the movement of Thankathirumudi was blocked for about four hours.

25. The stand taken in this writ petition by the petitioners, who were the members/officer bearers of the Temple Advisory Committee of Major Vellayani Devi Temple during the Kaliyoottu festival of 2023 is that the members/officer bearers of the Temple Advisory Committee have no control or powers over the procession of Thankathirumudi during Irakkipooja in connection with Kaliyoottu festival, which is always conducted by the priests of the temple, as instructed by the Thantri.

26. The above stand taken by the petitioners has to be W.P.(C)NO.17040 OF 2023 2024:KER:95475 24 considered with reference to the findings of this Court in Rajalakshmi [2023 (3) KHC 492], regarding what transferred in the year 2017 in connection with Irakkipooja. In the said decision, this Court noticed that, in the year 2017, the then President of the Temple Advisory Committee of Major Vellayani Devi Temple conducted 'Nirapara' in the house of his family members situated in Kuzhithalachal and Kalluvila area without respecting the customary practice and rituals of the Temples. The devotees of the temple raised protest on the ground that the infraction of the customary rituals of the temple will invite untoward incidents, detrimental to the residents of the desom. Accordingly, the wish of the deity was ascertained by conducting a 'Thiruvaiprasnam' in front of the deity, as evidenced from the Prasnacharthu dated 21.01.2020, a copy of which was marked as Ext.R2(a) along with the counter affidavit filed by the Travancore Devaswom Board in W.P.(C)No.6788 of 2023, in which it was found that conducting nirapara in areas beyond its permitted limits violating the customary rituals of the temple caused depletion of the Chaithanya of the deity. After 'Thiruvaiprasnam', a 'Prayachitham' was done as a remedial measure for having W.P.(C)NO.17040 OF 2023 2024:KER:95475 25 deviated from the customary rituals of the temple.

27. In Rajalakshmi [2023 (3) KHC 492], this Court noticed that, the Mootha Vathi (main priest) of Major Vellayani Devi Temple, by letter dated 28.01.2020, which was marked as Ext.R2(b) along with the counter affidavit filed by the Travancore Devaswom Board in W.P.(C)No.6788 of 2023, requested the Sub Group officer not to deviate from the traditionally followed boundary limits while conducting Nirapara during Kaliyootu festival in the year 2020. Considering the above aspect, the Devaswom Commissioner issued a communication dated 25.08.2020 [Ext.R2(c) in W.P.(C)No.6788 of 2023], directing the Assistant Devaswom Commissioner that no deviation from the customary practices of the temple shall be permitted in respect of the conduct of Nirapara/Irakkipooja. Thereafter, a 'Devaprasanam' was conducted in the temple in November, 2022, in which it was found that deviation from customary rituals and practices in conducting Nirapara has affected the divine power of the deity.

28. It is after taking note of the aforesaid aspects that this Court in Rajalakshmi [2023 (3) KHC 492] held that the W.P.(C)NO.17040 OF 2023 2024:KER:95475 26 petitioner in W.P.(C)No.6788 of 2023 cannot seek a writ of mandamus commanding the Board and its officials to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Major Vellayani Devi Temple, in violation of the accepted boundary limit followed from time immemorial.

29. The pleadings and materials on record would show that, on receipt of various show cause notices issued by the Assistant Devaswom Commissioner, the Temple Advisory Committee of Major Vellayani Devi Temple submitted its explanation. The Committee was issued Ext.P4 show cause notice dated Nil, to which the President and Secretary of the Committee submitted Ext.P5 explanation, enclosing therewith the notices issued by the previous Committee dated 28.12.2005, 21.02.2006, 15.06.2006 and 31.03.2019. Thereafter, the Assistant Devaswom Commissioner issued Ext.P7 show cause notice alleging that the Temple Advisory Committee released posters in connection with Kaliyoottu festival of 2023 in which it is stated that the committee is conducting a 'Samooha Vivaham' in the temple premises, for which no permission has been granted by the Travancore Devaswom Board. On receipt of Ext.P7 show cause W.P.(C)NO.17040 OF 2023 2024:KER:95475 27 notice, the committee submitted Ext.P8 explanation dated 15.02.2023, enclosing therewith Ext.P9 letter dated 14.02.2023 of one Anish Kumar V.B., who is stated to be the Group Admin of a Facebook Group by name 'Vellayani Devi Temple', tendering unconditional apology for posting a post regarding Samooha Vivaham in Vellayani Devi Temple in that Facebook post. A reading of Ext.P8 explanation would show that the name of the Secretary and President of Temple Advisory Committee appeared in one of the Facebook posts, in which it is posted that there will be Samooha Vivaham in the temple in connection with Kaliyoottu Maholsavam.

30. The document marked as Ext.P9 is a copy of festival notice issued in connection with Kaliyoottu Maholsavam 2023, in which the name of petitioners 1 to 3 herein, who were the President, Secretary and Vice President respectively of the Temple Advisory Committee are stated, in addition to the name of the Assistant Devaswom Commissioner, Neyyattinkara, and the Sub Group Officer, Vellayani Devaswom. According to the petitioners, the Temple Advisory Committee has no control or powers over the procession in connection with Irakkipooja of W.P.(C)NO.17040 OF 2023 2024:KER:95475 28 Thankathirumudi, which is always conducted by the priests of the temple, as instructed by the Thantri. In connection with the conduct of Kaliyoottu festival, the Committee was issued with Ext.P21 notice dated 24.02.2023 of the Devaswom Commissioner, which was followed by Ext.P22 notice dated 25.02.2023 issued by the Secretary of the Board. The document marked as Ext.P23 is a copy of complaint dated 19.05.2023, made by the committee before the Station House Officer, Nemam Police Station, alleging defamatory posts against Vellayani Devi Temple in the social media, posted by a person named Anil. The document marked as Ext.P24 is a news item that appeared in Mathrubhoomi daily dated 20.05.2023 regarding the dissolution of the Temple Advisory Committee by Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner, for the reasons stated therein. A copy of Ext.P25 order was served on the Temple Advisory Committee on 20.05.2023, through the 3rd respondent Deputy Devaswom Commissioner. The document marked as Ext.P25 is a copy of Receipt No.436 issued to one Sasi after receiving a sum of Rs.1,000/- as donation for Kaliyoottu Maholsavam of 2023 and W.P.(C)NO.17040 OF 2023 2024:KER:95475 29 Ext.P27 is a photograph of the seal of the Travancore Devaswom Board.

31. The specific stand taken in the counter affidavit dated 20.07.2023 filed by respondents 1 to 3 is that the activities of the Temple Advisory Committee for the year 2022-24 were in violation of the provisions contained in Ext.P1 Rules (byelaws) and without the approval of the Travancore Devaswom Board. The Committee was issued with various show cause notices. During the course of hearing, the office bearers of the Committee admitted that the mistakes happened on account of their ignorance and that the same will not be repeated. However, the activities of the Committee during Kaliyoottu festival were contrary to the aforesaid undertaking. The Ulsava Committee was elected without obtaining permission from the Devaswom Board. The Ulsava Committee consisted of persons only from Kerala Kshethra Samsarakshana Samithi, RSS and Bharatiya Janatha Party. Majority of the members of the Ulsava Committee were from outside the territory of Vellayani Devi Temple. The activity of the Committee was conducted in such a manner challenging the powers of the Travancore Devaswom Board, in W.P.(C)NO.17040 OF 2023 2024:KER:95475 30 violation of the provisions contained in Ext.P1 Rules (byelaws). For maintaining law and order and also to protect Thankathirumudi during Kaliyoottu festival, the Board has to seek assistance from the Police. Accordingly, a temporary shed was erected in the Devaswom land for Police officials, which was destroyed by the members of the Temple Advisory Committee, along with their supporters. In the counter affidavit, respondents 1 to 3 had also pointed out the issues noticed by this Court in the decision in Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290], in connection with the use of saffron/orange coloured decorative materials alone in Kaliyoottu festival of 2023, and also the conduct of Irakkipooja in violation of the accepted boundary limit followed from time immemorial, which was the subject matter in the decision in Rajalakshmi [2023 (3) KHC 492]. The above aspects have been dealt with in detail in paragraphs 5 to 11 of the counter affidavit filed by respondents 1 to 3. In paragraph 7 of the counter affidavit it is stated that, while Irakkipooja was conducted in relation to Kolikkodu dikkubali, in violation of the traditional boundary, in order to conduct dikkubali in the houses of Jayachandran, who is W.P.(C)NO.17040 OF 2023 2024:KER:95475 31 the editor of 'Janmabhoomi', and Nedungadu Gopalan, the festival co-ordinator, the Temple Advisory Committee created a chaos by blocking Thankathirumudi for about four hours.

32. In the counter affidavit filed by respondents 1 to 3, it is stated that on 19.04.2023, without the consent or approval of the Travancore Devaswom Board, a cultural conference was conducted in which a prize distribution in the name of Kelan Kulashekharan and Vellayani Amma was made by a committee by name Vellayani Devi Kshethra Samrakshana Samithi. In paragraph 10 of the counter affidavit, respondents 1 to 3 have pointed out the financial irregularities committed by the Temple Advisory Committee in connection with Annadanam. After considering the report dated 24.05.2023 submitted by the Assistant Devaswom Commissioner, Neyyatinkara, the 2nd respondent Devaswom Commissioner submitted Annexure R1(a) report dated 03.07.2023 before the Board, wherein it was suggested that an enquiry by the Chief Vigilance and Security Officer of the Board is highly necessary on the financial misappropriation committed by the Committee.

33. During the course of arguments, the learned Standing W.P.(C)NO.17040 OF 2023 2024:KER:95475 32 Counsel for Travancore Devaswom Board would point out the provisions contained in Clause (33), Chapter II of Travancore Devaswom Board Office Manual, which provides that the Utsavom should be conducted in accordance with programme approved by the Devaswom Commissioner or the competent authority. If slight alterations, without involving excess expenditure over the total grant, are found necessary in actual working, such alterations and adjustments may be allowed by the Devaswom Commissioner/Board provided the expenditure involved is not more than 10% of the sanctioned amount under each head as per the original programme and provided no diversion is necessary from one minor head to another.

34. In the counter affidavit dated 05.03.2024 filed by additional respondents 4 to 6, it is pointed out that the 1st petitioner was the President of the Temple Advisory Committee and the 2nd petitioner who was its Secretary are residing at Ayilyamkavu road, Nemam, and Estate road, Pappanamcode respectively, which are beyond 5 kms. radius from Major Vellayani Devi Temple and as such they are not even eligible to be members of the Temple Advisory Committee. The document W.P.(C)NO.17040 OF 2023 2024:KER:95475 33 marked as Ext.R4(a) is a Facebook post in Vellayani Devi Temple Official Facebook Page regarding Samooha Vivaham conducted by the Temple Advisory Committee in connection with Kaliyoottu Maholsavam of 2023, inviting applications from the parents of unmarried persons. The name and mobile number of petitioners 1 and 2 is shown in Ext.R4(a) Facebook post, as the President and Secretary of the Temple Advisory Committee. Ext.R4(b) photograph showing saffron/orange coloured decorative materials used for stage decoration and Ext.R4(c) photograph of the Nadapanthal put up by the Temple Advisory Committee encroaching the public road are placed on record, in order to show that the activities of the Temple Advisory Committee during Kaliyoottu Maholsavam of 2023 were in flagrant violation of the directions contained in the decision of this Court in Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]. The document marked as Ext.R4(d) is a copy of FIR in Crime No.702/2023 of Nemam Police Station, registered against the members of the Temple Advisory Committee and Ulsava Committee for collection of huge money from the devotees by issuing receipts without the seal of the Travancore Devaswom W.P.(C)NO.17040 OF 2023 2024:KER:95475 34 Board.

35. It is after considering the explanations offered by the Temple Advisory Committee that the 2nd respondent Devaswom Commissioner in Ext.P25 order dated 16.05.2023 arrived at a conclusion that the Temple Advisory Committee in which the petitioners herein were members/office bearers, which was granted approval vide Ext.P2 communication dated 06.08.2022, has to be dissolved. In the said order, the 2nd respondent noticed various illegalities and irregularities committed by the Temple Advisory Committee in connection with various activities in the temple, publication of notice and collection of money from the devotees in connection with such activities, in violation of various clauses in the Ext.P1 Rules (byelaws) framed under sub-section (3) of Section 31A of the Act, regarding the formation of Temple Advisory Committees in temples under the management of the Travancore Devaswom Board.

36. Relying on the decisions of the Apex Court in Sayeedur Rehman v. State of Bihar [(1973) 3 SCC 333], Shephard v. Union of India [(1987) 4 SCC 431], H.L. Trehan v. Union of India [(1989) 1 SCC 764] and State Bank of India v. W.P.(C)NO.17040 OF 2023 2024:KER:95475 35 Rajesh Agarwal [(2023) 6 SCC 1], the learned Senior Counsel for the petitioners would contend that Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner is one issued in violation of the principles of natural justice, inasmuch as the show cause notices issued against the Temple Advisory Committee were pre-determined. Therefore, there is violation of the rule of audi alteram partem.

37. Having considered the pleadings and materials on record, we find that in the show cause notices issued to the Temple Advisory Committee, the Assistant Devaswom Commissioner has only pointed out various activities of the Committee in violation of Ext.P1 Rules (byelaws), so as to enable the Committee to give a proper explanation. The explanations offered by the Temple Advisory Committee and also the documents placed on record, which include photographs, would make it explicitly clear that the activities of the Temple Advisory Committee during Kaliyoottu festival of 2023 were in violation of the provisions contained in Ext.P1 Rules (bye-laws). The illegalities pointed out in paragraphs 4 to 11 of the counter affidavit filed by respondents 1 to 3 are grave in nature, which W.P.(C)NO.17040 OF 2023 2024:KER:95475 36 cannot be taken lightly. In the facts and circumstances of the case, as borne out from the pleadings and materials on record, we find absolutely no merit in the contention raised by the petitioners, relying on the decisions referred to supra that, Ext.P25 order dated 16.05.2023 of the 2nd respondent Devaswom Commissioner is one issued in violation of the principles of natural justice. The contention to that effect can only be rejected as untenable and we do so.

38. During the pendency of this writ petition, based on the complaint made by the additional 4th respondent, the Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board, conducted an enquiry into the activities of the Temple Advisory Committee of Major Vellayani Devi Temple, in violation of the customary practices of the temple and also the provisions contained in Ext.P1 Rules (bye- laws) framed under sub-section (3) of Section A of the Act. In the report dated 11.03.2024 of the Chief Vigilance and Security Officer, the findings on the irregularities alleged in connection with the conduct of Kaliyoottu festival of 2023 are against the erstwhile Temple Advisory Committee in which the petitioners W.P.(C)NO.17040 OF 2023 2024:KER:95475 37 were members/office bearers. A copy of the said report is placed as Ext.R1(b), along with a memo dated 04.06.2024 filed by the learned Standing Counsel for Travancore Devaswom Board.

39. For the reasons stated hereinbefore, we find no reason to interfere with Ext.P25 order dated 16.05.2023 of the 2 nd respondent Devaswom Commissioner whereby the Temple Advisory Committee of Major Vellayani Devi Temple, which was granted approval vide Ext.P2 communication dated 06.08.2022, stands dissolved for the reason stated therein.

40. In this writ petition, the petitioner has also challenged Ext.P21 communication dated 24.02.2023 of the 2nd respondent Devaswom Commissioner and Ext.P22 communication dated 25.02.2023 of the Secretary of the 1st respondent Travancore Devaswom Board. Ext.P22 letter dated 25.02.2023 of the 2nd respondent Devaswom Commissioner was under challenge in W.P.(C)No.6788 of 2023, in which the Temple Advisory Committee of Major Vellayani Devi Temple was arrayed as the 7 th respondent. It is after considering the rival contentions that this Court in Rajalakshmi [2023 (3) KHC 492] repelled the challenge made against the order dated 24.02.2023 [Ext.P21] of W.P.(C)NO.17040 OF 2023 2024:KER:95475 38 the Devaswom Commissioner, which was marked as Ext.P17 in that writ petition, by holding that the petitioner therein cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the Board and its officials to include the wards referred to in Ext.P17 in the list of Kaliyoor Dikkubali in Major Vellayani Devi Temple, in violation of the accepted boundary limit followed from time immemorial. After the said decision, the petitioners herein cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, challenging Exts.P21 and P22 communications.

41. In the result, the petitioners are not entitled to any of the reliefs sought for in this writ petition. The writ petition fails and the same is accordingly dismissed.

The 1st respondent Travancore Devaswom Board shall consider Ext.R1(b) report dated 11.03.2024 of the Chief Vigilance and Security Officer (Superintendent of Police) and take appropriate action against the members/officer bearers of the Temple Advisory Committee of Major Vellayani Devi Temple, which was granted approval vide Ext.P2 communication dated W.P.(C)NO.17040 OF 2023 2024:KER:95475 39 06.08.2022 of the 2nd respondent Devaswom Commissioner, after affording the petitioners and other members of that Committee and also the 5th respondent an opportunity of being heard. In case the accounts of the Temple Advisory Committee in which the petitioners were members/officer bearers are yet to be submitted and subjected to audit, necessary steps in this regard shall be taken by the 1st respondent Board, without any delay. The 1st respondent Board, through the concerned Assistant Devaswom Commissioner, shall take necessary steps to convene the General Body of the registered mandalam of the devotees of Major Vellayani Devi Temple, if not already convened, for electing new members/office bearers in the Temple Advisory Committee.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

HARISANKAR V. MENON, JUDGE bkn/RPR/-

W.P.(C)NO.17040 OF 2023 2024:KER:95475 40 APPENDIX OF W.P.(C)NO.17040/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF THE BYLAW OF THE TEMPLE ADVISORY COMMITTEE Exhibit P2 COPY OF THE PROCEEDINGS DATED 06/08/2022 OF THE DEPUTY DEVASWOM COMMISSIONER TO THE ASST DEVASWOM COMMISSIONER NEYYATINKARA Exhibit P3 COPY OF THE BOND EXECUTED BY THE PETITIONERS DATED 06/10/2022 Exhibit P4 COPY OF THE SHOW CAUSE NOTICE DATED NIL SERVED TO THE PRESIDENT & THE SECRETARY OF THE TEMPLE ADVISORY COMMITTEE BY THE ASST DEVASWOM COMMISSIONER, NEYYATINKARA.

Exhibit P5                COPY OF THE REPLY GIVEN BY THE
                          PETITIONERS 1 & 2 DATED 16/12/2022 ALONG
                          WITH NOTICE

Exhibit P6                COPY OF THE NOTICE ISSUED FOR DEVAPRASNA
                          PARIHARA KRIYA BY THE SECRETARY AND
                          PRESIDENT OF THE TEMPLE ADVISORY
                          COMMITTEE.

Exhibit P7                COPY OF THE SHOW CAUSE NOTICE DATED NIL
                          SERVED TO THE 1ST PETITIONER
                          ON12/02/2023 BY THE ASST DEVASWOM
                          COMMISSIONER .

Exhibit P8                COPY OF THE REPLY NOTICE BY THE
                          PRESIDENT , TEMPLE ADVISORY COMMITTEE TO
                          THE ASST DEVASWOM COMMISSIONER DATED
                          15/02/2023

Exhibit P9                COPY OF THE COMMUNICATION OF MR. ANEESH
                          KUMAR TO THE 1ST RESPONDENT DATED
                          14/02/2023
 W.P.(C)NO.17040 OF 2023




                                                  2024:KER:95475
                                 41


Exhibit P10               COPY OF THE FESTIVAL NOTICE DATED
                          14/02/2023 BY THE SECRETARY, TEMPLE
                          ADVISORY COMMITTEE

Exhibit P11               COPY OF THE SHOW CAUSE NOTICE DATED NIL
                          SERVED BY THE ASST DEVASWOM
                          COMMISSIONER, NEYYATINKARA TO THE 2ND
                          PETITIONER.

Exhibit P12               COPY OF THE REPLY NOTICED DATED
                          15/02/2023 BY THE 2ND PETITIONER TO THE
                          ASST DEVASWOM COMMISSIONER.

Exhibit P13               COPY OF THE NOTICE DATED NIL BY THE ASST
                          DEVASWOM COMMISSIONER SERVED TO THE 3RD
                          PETITIONER

Exhibit P14               COPY OF THE REPLY NOTICE DATED
                          15/02/2023 BY THE 3RD PETITIONER.

Exhibit P15               COPY OF THE SHOW CAUSE NOTICE GIVEN BY
                          THE DEPUTY DEVASWOM COMMISSIONER DATED
                          16/02/2023

Exhibit P16               COPY OF THE REPLY NOTICE DATED
                          20/02/2023, BY THE PETITIONERS 1 TO 3 TO
                          THE DEPUTY DEVASWOM COMMISSIONER.

Exhibit P17               COPY OF THE REPLY NOTICE BY THE 2ND
                          PETITIONER DATED 23/02/2023 TO THE
                          DEPUTY DEVASWOM COMMISSIONER

Exhibit P18               COPY OF THE REPLY NOTICE GIVEN BY THE
                          2ND PETITIONER DATED 23/02/2023 .

Exhibit P19               COPY OF THE COMPLAINT DATED 30/01/2023
                          TO THE SHO, NEMOM POLICE BY THE
                          SECRETARY OF TEMPLE ADVISORY COMMITTEE.

Exhibit P20               COPY OF THE CRIMINAL COMPLAINT DATED
                          20/02/2023 BY THE 2ND PETITIONER TO THE
                          SI OF POLICE, NEMOM POLICE STATION.
 W.P.(C)NO.17040 OF 2023




                                                  2024:KER:95475
                                 42


Exhibit P21               COPY OF THE NOTICE TO THE PETITIONERS
                          DATED 24/02/2023 BY THE DEVASWOM
                          COMMISSIONER.

Exhibit P22               COPY OF THE NOTICE ISSUED BY THE DEPUTY
                          DEVASWOM COMMISSIONER DATED 25/02/2023
                          TO THE PETITIONERS 1 AND 2.

Exhibit P23               COPY OF THE COMPLAINT DATED 19/05/2023
                          BY THE TEMPLE ADVISORY COMMITTEE TO THE
                          PRINCIPAL SI, NEMOM POLICE STATION.

Exhibit P24               COPY OF THE MATHRUBHUMI NEWS PAPER DATED
                          20/05/2023.

Exhibit P25               COPY OF THE NOTICE OF TERMINATION DATED
                          16/05/2023, SERVED TO THE PETITIONERS ON
                          20/05/2023.

Exhibit P26               COPY OF THE RECEIPT NO.463 ISSUED TO ONE
                          MR. SASI DATED 26/02/2023

Exhibit P27               COPY OF PHOTO OF THE SEAL OF TRAVANCORE
                          DEVASWOM BOARD

RESPONDENT EXHIBITS

Exhibit R1(a)             True copy of the report dated 03/07/2023
                          submitted by the Devaswom Commissioner.

Exhibit R4 (a)            The true copy of that face book post the
                          mobile numbers of the president and
                          secretary of Temple Advisory Committee

Exhibit R4 (b)            The true copy of photos showing
                          Safforn/orange coloured decorative
                          materials used for stage decoration

Exhibit R4 (c)            The true copy of the photos showing

temple advisory Committee encroached the road for making nadappanthal W.P.(C)NO.17040 OF 2023 2024:KER:95475 43 Exhibit R4 (d) The copy of the FIR No.702/2023 Nemom Police Station, Thiruvananthapuram Exhibit-R1(b) True copy of the Vigilance report dated 11/03/2024 issued by the Vigilance Wing of the TDB.

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