Kerala High Court
Sri. Sreekumar .R.P vs The Devaswom Commissioner 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
2025:KER:16330
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 W.P.(C)No.25713 of 2023 2 & DBP No.95 of 2023 2025:KER:16330 *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:
W.P.(C)No.25713 of 2023 3
& DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 4 & DBP No.95 of 2023 2025:KER:16330 SAMITHI, SREEVALLABHAPURAM, THIRUVALLA.
BY ADVS.
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) SRI.G. BIJU - SC, TRAVANCORE DEVASWOM BOARD 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: W.P.(C)No.25713 of 2023 5
& DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 6 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 7 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 8 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 9 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 10 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 11 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 12 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 13 & DBP No.95 of 2023 2025:KER:16330 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- W.P.(C)No.25713 of 2023 14
& DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 15 & DBP No.95 of 2023 2025:KER:16330 '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 W.P.(C)No.25713 of 2023 16 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 17 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 18 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 19 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 20 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 21 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 22 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 23 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 24 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 25 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 26 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 27 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 28 & DBP No.95 of 2023 2025:KER:16330 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, W.P.(C)No.25713 of 2023 29 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 30 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 31 & DBP No.95 of 2023 2025:KER:16330 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 W.P.(C)No.25713 of 2023 32 & DBP No.95 of 2023 2025:KER:16330 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