A. Balakrishnan and Narayanan H v Travancore Devaswom Board and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` TUESDAY, THE 13[TH] DAY OF JUNE 2023 / 23RD JYAISHTA, 1945 W.P.(C)NO.18987OF 2023 ``` ## **`PETITIONERS:`** - **`1 A. BALAKRISHNAN, AGED 60 YEARS S/O P. ARJUNA REDDIAR, BUSINESS `MAHALAKSHMI', PALACE WARD MULLACKKAL, ALAPPUZHA, PIN - 688011`** - **`2 NARAYANAN. H, AGED 65 YEARS S/O K. HARIHARAN, 12 A DEVI NAGAR THONDANKULANGARA ALAPPUZHA, PIN - 688013`** ``` BY ADV A.KRISHNAN ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS NANTHANCODE, KAWDIYAR THIRUVANANTHAPURAM - 695 003 REPRESENTED BY ITS SECRETARY`** - **`2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS NANTHANCODE, KAWDIYAR THIRUVANANTHAPURAM, PIN - 695003`** - **`3 THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD AMBALAPPUZHA, PIN - 688561`** - **`4 SUB GROUP OFFICER, MULLACKKAL SREE RA]A RAJESWARI TEMPLE, MULLACKKAL PO ALAPPUZHA, PIN - 688011`** - **`SRI G.BIJU - SC - TRAVANCORE DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.18987 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who are the devotees of Sree Durga Devi, the deity of Mullakkal Sree Rajarajeswari Temple, Alappuzha, which is a temple under the management of the 1[st] respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to consider Ext.P1 representation dated 01.06.2023 submitted before the 2[nd] respondent Commissioner, Travancore Devaswom Board and take appropriate steps to see that ‘Kodi Archana’ at the temple is conducted without fail and flaw. The request made in Ext.P1 representation is to constitute an ad-hoc committee for conducting ‘Kodi Archana’, since there is no Temple Advisory Committee in Mullakkal Sree Rajarajeswari Temple. 2. Going by the averments in the writ petition, the ‘Kodi Archana’ in Mullakkal Sree Rajarajeswari Temple is scheduled to be conducted from 17.07.2023 to 16.08.2023. At present there is no Temple Advisory Committee in that temple. The absence of a Temple Advisory Committee will adversely affect the conduct of ‘Kodi Archana’, a ritual conducted once in 12 years. In Ext.P2 judgment dated 02.03.2023 in W.P.(C)No.30702 of 2022, this 3 W.P.(C)No.18987 of 2023 Court set aside the order dated 05.09.2022 of the 2[nd] respondent Devaswom Commissioner granting approval to the Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple and the 3[rd] respondent Assistant Commissioner was directed to convene a general meeting of ‘registered mandalam’ to elect members other than permanent members of the Temple Advisory Committee, in strict compliance with the provisions under the rules for the formation of Temple Advisory Committees in temples under the management of the Travancore Devaswom Board, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of that judgment. In Ext.P2 judgment, this Court ordered that the audited accounts of the Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple, till that date, shall be submitted for audit, through the 3[rd] respondent Assistant Commissioner. According to the petitioners, despite the directions contained in Ext.P2 judgment, the 1[st] respondent Board and its officials have not taken steps to constitute the Temple Advisory Committee of Mullakkal Sree Raja Rajeswari Temple. 3. On 12.06.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board, on instructions, submitted that the 3[rd] 4 W.P.(C)No.18987 of 2023 respondent Assistant Commissioner has already issued a notice dated 08.06.2023, proposing to convene the general body of ‘registered mandalam’ on 21.06.2023, to elect the members of the Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple. ‘Kodi Archana’, which is conducted once in 12 years, is scheduled to commence in August, 2023. The learned Standing Counsel sought time to get instructions as to whether the audited accounts of the Temple Advisory Committee have already been submitted, in terms of the directions contained in Ext.P2 judgment. 4. Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the audited accounts of the previous Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple, which conducted the annual festival, has already been forwarded for internal audit, by the 3[rd] respondent Assistant Commissioner, on 22.05.2023. 5. Heard the learned counsel for the petitioners and also the learned Standing Counsel for Travancore Devaswom Board for the respondents. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the 5 W.P.(C)No.18987 of 2023 ## 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. 7. 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. 8. Section 31 of the Act deals with management of Devaswoms. 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 6 W.P.(C)No.18987 of 2023 ## festivals in every temple according to its usage. 9. 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 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. 10. 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 7 W.P.(C)No.18987 of 2023 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. 11. Clause (3) of the Rules deals with membership. Clause (3) 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 worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with class of persons who are entitled to get membership. 12. In **Santharam Roy T.S. v. Travancore Devaswom Board and others [2022 (2) KHC 595]** this Court held that the provisions under Clause (3) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under its management make it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of 8 W.P.(C)No.18987 of 2023 the Rules deal with the class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of 'registered mandalam'. The election of members to the Temple Advisory Committee is made from among the members of 'registered mandalam' present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 13. Clause (11) of the Rules, which deals with term of office of the Temple Advisory Committee. As per Clause (11) of the Rules, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds, the Travancore Devaswom Board can extend the term for a further period of one year. Clause (11) makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. ## 14. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** this Court held that, with the insertion of 9 W.P.(C)No.18987 of 2023 Section 31A to the Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that the Travancore Devaswom Board, in exercise of the rule-making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing the duration of office of Temple Advisory Committees in the approved bye-laws is to see that 10 W.P.(C)No.18987 of 2023 ## timely elections are held and the constitution of the committees are not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the approved bye-laws, shall not be exercised as a matter of course. They shall call for a report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether the extension of the term has to be given or not. 15. The principle laid down in **Chandu K. [2021 (3) KHC 379]** was reiterated in **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KLT 324]** . Therefore, the Travancore Devaswom Board has to ensure that timely elections are held and the Temple Advisory Committees in the temples under its management are constituted without any delay. The Temple Advisory Committee constituted under Section 31A of the Act has to render necessary assistance to the Board in discharging its statutory duty under Section 15A of the Act to see that the regular traditional rites and ceremonies according to the practice prevalent in the temple are performed promptly and to establish and maintain proper 11 W.P.(C)No.18987 of 2023 facilities in the temples for the devotees. In the instant case, ‘Kodi Archana’ which is a ritual conducted once in 12 years, is scheduled to be held in August 2023. Considering that aspect, the Board and its officials ought to have conducted timely election by convening the general meeting of ‘registered mandalam’ in terms of the direction contained in Ext.P2 judgment dated 02.03.2023 in W.P.(C)No.3070 of 2022. 16. In the order dated 12.06.2023, this Court noticed the submission made by the learned Standing Counsel for Travancore Devaswom Board that the 3[rd] respondent Assistant Commissioner has already issued a notice dated 08.06.2023 proposing to convene the general body of ‘registered mandalam’ on 21.06.2023 to elect the members of the Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple. 17. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board would submit that there are 4 Devaswom Districts under the Board, namely, Thiruvananthapuram, Pathanamthitta, Harippad and Vaikom, which are under the control of 4 Deputy Devaswom Commissioners. All temples under the management of the Board are under 20 Groups. Each Group is headed by one Assistant Devaswom Commissioner, who has to conduct election to the 12 W.P.(C)No.18987 of 2023 Temple Advisory Committee of the respective temples under each Group, by convening the meeting of ‘registered mandalam’. 18. Having considered the submissions made at the Bar, we deem it appropriate to direct the 1[st] respondent Travancore Devaswom Board to issue a circular through the 2[nd] respondent Devaswom Commissioner, requiring the concerned Administrative Officer/Sub Group Officer of the temples under its management to intimate the concerned Assistant Devaswom Commissioner, within a specified time limit, the expiry of the term of the existing Temple Advisory Committees, so as to enable the Assistant Commissioner to initiate the process for convening a meeting of the ‘registered mandalam’ to elect new members to the Temple Advisory Committee, well in advance. Necessary action in this regard shall be taken by the 1[st] respondent Board, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Since the meeting of the ‘registered mandalam’ to elect the members of the Temple Advisory Committee of Mullakkal Sree Rajarajeswari Temple has already been convened by the 3[rd] respondent Assistant Devaswom Commissioner, which is schedule to be held on 21.06.2023, this writ petition is disposed 13 W.P.(C)No.18987 of 2023 of recording the said fact. It is for the Board to take necessary steps to ensure proper conduct of ‘Kodi Archana’ in Mullakkal Sree Rajarajeswari Temple, a ritual conducted once in twelve years, in discharge of its statutory duties under Clause (1) of Section 15A of the Act. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** AV/15/6 14 W.P.(C)No.18987 of 2023 ## **`APPENDIX OF WP(C) 18987/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH E.MAIL DT 01.06.2023 ``` ``` Exhibit P2 TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN W. P. (C) NO. 30702 OF 2022 DATED 02.03.2023 ```