P.K. Prasannan vs Travancore Devaswom Board on 27 March, 2025

[Cites 5, Cited by 0]

Kerala High Court

P.K. Prasannan vs Travancore Devaswom Board on 27 March, 2025

The petitioners are the President, Secretary and Member respectively, of the Temple Advisory Committee of Thiruvarppu Sree Krishna Swami Temple, which is a temple under the management of the 1st respondent Travancore Devaswom Board, under Kottayam Group. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 1 to 4 have no authority to form an Adhoc Committee to conduct the annual festival of Thiruvarppu Sree Krishna Swami Temple, when the Temple Advisory Committee in which the petitioners are the President, Secretary and Member, respectively, is holding office; a declaration that respondents 5 to 9, who are the members of the Adhoc Committee constituted by the order of the 2 nd respondent Devaswom Commissioner on 28.02.2025, are unfit to be members of any committee in relation to Thiruvarppu Devaswom; a writ of certiorari to quash Ext.P9 communication dated 22.01.2025 issued by the 1st respondent, addressed to the 2nd respondent Devaswom Commissioner, and Ext.P10 show cause notice dated 03.02.2025 issued by the 2nd respondent WP(C) NO. 10023 OF 2025 5 2025:KER:26318 Devaswom Commissioner to the 1st petitioner, who is the President of the Temple Advisory Committee.

2. On 13.03.2025, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

3. Thereafter, on 17.03.2025, the learned Standing Counsel sought time to make available for the perusal of this Court the files relating to the order passed by the 2 nd respondent Devaswom Commissioner appointing an Adhoc Committee in Thiruvarppu Devaswom, including the files relating to Ext.P8 report dated 19.09.2024 of the Vigilance Wing of the Travancore Devaswom Board.

4. On 24.03.2025, when this matter came up for consideration, this Court passed the following order;

''Pursuant to the order of this Court dated 17.03.2025, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the files relating to the order passed by the 2nd respondent Devaswom Commissioner, appointing an ad-hoc committee in Thiruvarppu Devaswom, including the files relating to Ext.P8 report dated 19.09.2024 of the Vigilance Wing of the Travancore Devaswom Board.

2. Having perused the files and taking note of the allegations contained in the writ petition, we deem it appropriate to suo motu implead T.C. Dileep Kumar, Thazhathu Veedu, Thiruvarppu, Kottayam, who is the WP(C) NO. 10023 OF 2025 6 2025:KER:26318 former Secretary of the Temple Advisory Committee of the Thiruvarppu Devaswom as additional 10th respondent.

3. The State of Kerala, represented by the Special Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram -

695 001 and the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, Nanthancode, Kowdiar Post, Thiruvananthapuram - 695 003 are suo motu impleaded as additional respondents 11 and 12.

4. Registry to carry out necessary corrections in the cause title.

5. The learned Standing Counsel for Travancore Devaswom Board takes notice on admission for respondents 1 to 4 and the learned Senior Government Pleader for additional respondents 11 and 12.

6. Issue urgent notice on admission by special messenger to respondents 5 to 9 and also to the additional 10 th respondent, returnable by 27.03.2025.

7. The learned counsel for the petitioners to serve a copy of this writ petition to the learned Senior Government Pleader today itself.

8. Show the name of the learned Senior Government Pleader in the cause list.

9. Having considered the preliminary submissions made by the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board and taking note of the order of this Court dated 18.03.2025 in W.P.(C)No.10893 of 2025 in respect of Kadakkal Devi Temple, we deem it appropriate to direct the learned Standing Counsel for Travancore Devaswom Board to place on record a copy of the festival notice published by the ad-

WP(C) NO. 10023 OF 2025 7 2025:KER:26318 hoc committee appointed by the Devaswom Commissioner. The learned Standing Counsel shall also get instructions as to whether any approval for the said notice has already been granted by the Assistant Devaswom Commissioner.

10. The learned Standing Counsel for Travancore Devaswom Board to retain the files.''

5. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4, the learned Senior Government Pleader for additional respondents 11 and 12 and the learned counsel for the additional 10th respondent. As per the endorsement made by Registry in the office notes, service of notice is complete on respondents 5 to 9. Despite service of notice, none appears for respondents 5 to 9.

6. 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 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 WP(C) NO. 10023 OF 2025 8 2025:KER:26318 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.

7. 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-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 WP(C) NO. 10023 OF 2025 9 2025:KER:26318 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.

8. 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.

9. 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 WP(C) NO. 10023 OF 2025 10 2025:KER:26318 entitled to get membership.

10. In Major Vellayani Devi Temple Advisory Committee and another v. State of Kerala and others [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 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.

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     11.    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 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.

12. In Rajalakshmi v. State of Kerala and others [2023 (3) KHC 492], a decision rendered by a Division Bench WP(C) NO. 10023 OF 2025 12 2025:KER:26318 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 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.

13. 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 WP(C) NO. 10023 OF 2025 13 2025:KER:26318 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 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 WP(C) NO. 10023 OF 2025 14 2025:KER:26318 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 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, WP(C) NO. 10023 OF 2025 15 2025:KER:26318 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 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 2 nd 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 2 nd 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."

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14. In view of the law laid down in the decisions referred to supra, it is the statutory duty of the Travancore Devaswom Board to see that the regular traditional rites and ceremonies according to the practice prevalent in Thiruvarppu Sree Krishna Swami Temple are performed promptly.

15. During the course of arguments, the learned Standing Counsel for the Travancore Devaswom Board, on instructions from the 4th respondent Sub Group Officer, would submit that the Adhoc Committee in which respondents 5 to 9 are members, has already tendered resignation on 26.03.2025. In such circumstances, the Travancore Devaswom Board proposes to conduct the annual festival in Thiruvarppu Sree Krishna Swami Temple, which is scheduled to commence on 14.04.2025, departmentally.

16. The learned counsel for the petitioners addressed arguments with reference to the findings in Ext.P8 report dated 19.09.2024 of the Chief Vigilance and Security Officer, based on which Ext.P10 show cause notice dated 03.02.2025 has been issued to the 1st petitioner, who is the President of the Temple Advisory Committee, and the explanation offered by the 1 st petitioner in Ext.P11 reply dated 03.03.2025 submitted before the 2nd respondent Devaswom Commissioner.

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17. We do not propose to consider the rival contentions on the above issue in these proceedings, since the explanation offered by the 1st petitioner as the President of the Temple Advisory Committee requires consideration by the 2 nd respondent Devaswom Commissioner, after affording the affected parties an opportunity of being heard.

In such circumstances, this writ petition is disposed of, after recording the submission made by the learned Standing Counsel for Travancore Devaswom Board that since the members of the Adhoc Committee have already tendered resignation on 26.03.2025, the Board proposes to conduct the annual festival in Thiruvarppu Sree Krishna Swami Temple, which is scheduled to commence on 14.04.2025, departmentally. The 1 st respondent Board is directed to take a decision in that regard, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of this judgment. The 2nd respondent Devaswom Commissioner shall finalise the proceedings initiated against the Temple Advisory Committee in which the petitioners are the President, Secretary and Member, respectively, vide Ext.P10 show cause notice, after considering the explanation offered by petitioners and other members of the Temple Advisory Committee against whom there WP(C) NO. 10023 OF 2025 18 2025:KER:26318 are allegations. The legal and factual contentions raised by the petitioners are left open to be raised before the appropriate forum. A decision in this regard 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. Till such a decision is taken, the entire activities in the temple shall be managed departmentally, through the 4th respondent Sub Group Officer, under the direct supervision of the 3 rd respondent Assistant Devaswom Commissioner.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-


                                   MURALEE KRISHNA S., JUDGE
Dxy
 WP(C) NO. 10023 OF 2025           19               2025:KER:26318




                   APPENDIX OF WP(C) 10023/2025

PETITIONER EXHIBITS

EXHIBIT P1                TRUE PHOTOSTAT COPY OF THE EXTRA-

ORDINARY GAZETTE NOTIFICATION PUBLISHED ON 05.06.2012 IN THE OFFICIAL GAZETTE EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.ROC NO.12426/231 NS2 DATED 30.03.2024 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 25.05.2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 31-5-2024 ISSUED THE ASSISTANT COMMISSIONER TO SRI. DILEEP KUMAR, THE THEN SECRETARY ALONG WITH TYPED COPY OF EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION COMMUNICATION NO.R0C 12426/23 NS 2 DATED 17.06.2024 WAS ISSUED BY THE DY.

COMMISSIONER ALONG WITH TYPED COPY OF EXHIBIT P5 EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 01.06.2024 SUBMITTED BY THE COMMITTEE BEFORE THE SHO, KUMARAKAM EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE REPORT NO.PTN.143/24/TDB/VIG/DP.155/24/TDB/VIG DATED 24.09.2024 SUBMITTED BY THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY, TRAVANCORE DEVASWOM BOARD EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE REPORT NO.170/24/TDB/VIG/VKM DATED 19.09.2024 SUBMITTED BY THE INVESTIGATING OFFICER (SI OF POLICE) TO THE SUPERINTENDENT OF POLICE, VIGILANCE & SECURITY , TRAVANCORE DEVASWOM BOARD EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.ROC NO.8157/24/NS DATED 22.01.2025 STATED TO HAVE BEEN ISSUED BY THE SECRETARY TO THE 2ND RESPONDENT ALONG WP(C) NO. 10023 OF 2025 20 2025:KER:26318 WITH TYPED COPY OF EXHIBIT P9 EXHIBIT P10 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

R.O.C. 12426/23/NS2 DATED 03.02.2025 WAS ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT ALONG WITH TYPED COPY OF EXHIBIT P10 EXHIBIT P11 TRUE COPY OF THE DETAILED REPLY WAS SUBMITTED BY THE 1ST PETITIONER ON 03.03.2025 EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE LETTER DATED 07.01.2025 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P13 TRUE PHOTOSTAT COPY OF THE NEWS ARTICLE PUBLISHED IN MATHRUBHOOMI, KOTTAYAM EDITION ON 09.03.2025 EXHIBIT P14 TRUE PHOTOSTAT COPY OF THE LETTER GIVEN BY THE SECRETARY OF 'THIRUVARMP SREE KRISHNA SEVA SAMITHI' ON 04.07.2023 BEFORE THE 3RD RESPONDENT ALONG WITH TYPED COPY OF EXHIBIT P14 EXHIBIT P15 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE BOARD IN FAVOUR OF THE COMMITTEE EVIDENCING PAYMENT OF RS.8,600/- ALONG WITH TYPED COPY OF EXHIBIT P15

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