Kerala High Court
Prathapan.K vs The Secretary To Government on 3 February, 2020
Bench: C.T.Ravikumar, N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
WP(C).No.23078 OF 2019(H)
PETITIONERS:
1 PRATHAPAN.K
AGED 65 YEARS
S/O.KUNJURAMAN, KIZHAKKE VEEDU,
KURUMANDAL CHERRY, PARAVUR VILLAGE,
PARAVUR P.O., KOLLAM TALUK, KOLLAM DISTRICT.
2 VISWAMBHARAN,
AGED 63 YEARS
S/O.PADMANABHAN, SREEVALSAM, PERUMPUZHA,
PARAVUR P.O.,PARAVUR VILLAGE, KOLLAM TALUK
3 BABU,
AGED 56 YEARS
S/O.KOCHU CHERUKKAN, CHARUVILA(REJANI NIVAS),
KURUMONDAL-B, PARAVUR P.O., KOLLAM
(FROM NAIKKATTUVILA, KALLUMKUNNU, KURUMONDAL,
PARAVUR).
BY ADVS.
SMT.MINI GANGADHARAN
SHRI.N.SHIVA PRASADAN
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
DEVASWOM DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 003.
W.P.(C).23078/2019 2
2 TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM-695 035.
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O.,
THIRUVANANTHAPURAM-695 035.
4 PARAVUR PUTTINGAL DEVI TEMPLE,
PARAVUR P.O., KOLLAM-691 301.
5 PARAVUR PUTTINGAL DEVASWOM MANAGING COMMITTEE,
REPRESENTED BY ITS PRESIDENT, PUTTINGAL DEVI
TEMPLE, PARAVUR P.O., KOLLAM-691 301.
6 THE SECRETARY, PARAVUR PUTTINGAL DEVASWOM
MANAGING COMMITTEE,PUTTINGAL DEVI TEMPLE,
PARAVUR P.O., KOLLAM-691 301.
7 PARAVUR PUTTINGAL 1ST THAKKOLKKARAN,
PARAVUR PUTTINGAL DEVASWOM MANAGING COMMITTEE,
PUTTINGAL DEVI TEMPLE, PARAVUR P.O.,
KOLLAM-691 301.
8 PARAVUR PUTTINGAL 2ND THAKKOLKKARAN,
PARAVUR PUTTINGAL DEVASWOM MANAGING COMMITTEE,
PUTTINGAL DEVI TEMPLE, PARAVUR P.O.,
KOLLAM-691 301.
9 THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM-691 013.
10 THE CITY POLICE COMMISSIONER,KOLLAM-691 001.
11 THE CIRCLE INSPECTOR OF POLICE,
PARAVUR, PARAVUR P.O., KOLLAM-691 301.
12 THE VILLAGE OFFICER, PARAVUR,
PARAVUR P.O., KOLLAM-691 301.
R2-3 BY SRI.P.V.KUNHIKRISHNAN, SC, TDB
G.P.-SRI.T.K.ANANDAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).23078/2019 3
JUDGMENT
Ravikumar, J.
The petitioners are devotees of Puttingal Devi Temple, Paravur, Kollam and they are residing near to the said temple. Evidently, their grievance is regarding the functioning of the managing committee of the said temple. They raised various allegations against the managing committee including the failure of the committee to take appropriate action for the development of the temple. They also referred to the mishap occurred in the temple during the year 2016 while Vedikkettu (fire works) was going on, in connection with the temple festival. Raising such allegations, they seek issuance of writ of mandamus commanding respondents 1 and 2, namely, the Secretary to Government, Devaswom Department and the Travancore Devaswom Board to take over the management, administration and control of Puttingal Devi Temple to safeguard the right of worship and to avoid misappropriation and exploitation of money of the temple by the managing committee.
2. Heard the learned counsel for the petitioners, the learned standing counsel for TDB and also the learned Government Pleader. W.P.(C).23078/2019 4
3. A perusal of the Travancore Hindu Religious Institutions Act would reveal that it carries a provision for assumption of management of Hindu Religious endowments by the Board under section 37. The circumstances under which management and administration could be taken over are evident from the said provision. That apart, it would reveal that Sub-section 4 therein provides remedy for any person who deems aggrieved by an order of assumption. In such circumstances, we are of the view that in case the petitioners are having a case that owing to the mismanagement or such other reasons, the management of the said temple is to be taken over by the Board, necessarily, they will have to move the Board appropriately, in accordance with law. If this Court is considering the said issue, necessarily, the person who may feel aggrieved will be deprived of the statutory right available under section 37(4) of the Travancore Hindu Religious Institutions Act. That apart, we are of the view that the question whether in the case on hand, assumption of management is required or not, is a matter of evidence. Only under proven circumstances that can be ordered. In view of the manner in which we intend to dispose of the W.P.(C).23078/2019 5 writ petition, we are of the view that notice need not be issued to the private parties as also respondents 9 to 12 in this writ petition. This is also because, we do not intend to make any adverse order against the party respondents in this proceedings. In such circumstances, without making any observation as to the merits of the contentions raised by the petitioners, this writ petition is disposed of leaving liberty to the petitioners to approach the competent authority, appropriately, in case they are desirous to move the authority to redress their grievances including the prayer to assume management of the temple in question. We make it also clear that we shall not be understood to have opined that the management of the temple is to be taken over. That essentially is a matter to be decided by the competent authority.
With the said observation, this writ petition is disposed of.
Sd/-
C.T.RAVIKUMAR JUDGE Sd/-
N.NAGARESH JUDGE W.P.(C).23078/2019 6 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF SCHEME FORMULATED FOR THE CONDUCT OF THE PARAVUR PUTTINGAL DEVI TEMPLE ALONG WITH ITS ENGLISH TRANSLATION OF THE RELEVANT PORTIONS OF THE SCHEME.
EXHIBIT P2 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 12.08.2004 IN WPC NO.39580/2003.
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT IN EPC NO.39580/2003 DATED 12.12.2006.
EXHIBIT P4 NEWS ITEMS PUBLISHED IN NEWS PAPERS DATED 12.04.2016 ALONG WITH ITS BRIEF ENGLISH TRANSLATION.
EXHIBIT P5 TRUE PHOTOCOPY OF NEWS ITEM DATED 30.01.2018 IN KERALA KAUMUDI ALONG WITH CRUX OF ITS TRANSLATION IN ENGLISH.
EXHIBIT P6 THE TRUE COPY OF ORDER DATED 04.11.2017 IN IA NO.1703/2014 IN OS 129/1956 OF THE ADDL.DISTRICT COURT, KOLLAM.
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 23.11.2017 DISMISSING OP(CIVIL)NO.3307/2017 OF THE HIGH COURT OF KERALA.
EXHIBIT P8 TRUE COPY OF ORDER DATED 04.11.2017 IN IA NO.1506/2017 IN OS NO.129/1956 DISMISSING THE APPLICATION SEEKING PERMISSION TO DEMOLISH THE NALAMBALAM. EXHIBIT P9 TRUE PHOTOCOPY OF VALUATION CERTIFICATE ISSUED BY RETD.EXECUTIVE ENGINEER V.SREEKUMAR, KERALA STATE HOUSING BOARD DATED 08.07.2018 AS PER DIRECTION OF ADVOCATE COMMISSIONER.
W.P.(C).23078/2019 7EXHIBIT P10 TRUE PHOTOCOPY OF ORDER DISMISSING IA NO.1039/2018 IN OS NO.129/1956 DATED 01.09.2018 OF THE ADDITIONAL DISTRICT COURT, KOLLAM.
EXHIBIT P11 TRUE COPY OF 1ST PAGE OF PROGRAM NOTICE
FOR THE FESTIVALS CONDUCTED IN 2016
WITH ENGLISH TRANSLATION OF ITS
RELEVANT PORTION.
EXHIBIT P12 TRUE COPY OF THE 1ST PAGE OF PROGRAM
NOTICE FOR THE YEAR (2019) WITH ENGLISH TRANSLATION OF ITS RELEVANT PORTION.
EXHIBIT P13 TRUE PHOTOCOPY OF REPRESENTATION ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXHIBIT P14 TRUE PHOTOCOPY OF WITH POSTAL RECEIPT TO R1.
EXHIBIT P15 TRUE PHOTOCOPY OF WITH POSTAL RECEIPT TO R2.
RESPONDENTS' EXHIBITS:NIL spc/