Anand V.P. and others 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 DECEMBER 2022/22ND AGRAHAYANA, ``` ``` 1944 ``` ## **`W.P.(C)NO.36096 OF 2022`** ``` PETITIONERS: ``` - **`1 ANAND V.P., AGED 45 YEARS, S/O.VIKRAMAN NAIR, PIPPINMOODU, TJRA-144, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010`** - **`2 RAJESH L.R., AGED 42 YEARS, S/O.VIKRAMAN NAIR, PIPPINMOODU, TJRA-144, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010`** - **`3 V. KUMARAN NAIR, AGED 70 YEARS, S/O.VELAYUDHAN, PIPPINMOODU, TJRA-144, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010`** - **`4 SUKUMARAN NAIR, AGED 71 YEARS, S/O.GOPINATHAN NAIR, TJRA-206, MUDAVANAM, THIRUVANANTHAPURAM, PIN - 695010`** - **`5 T.V.SAILEENDRA KUMAR, AGED 53 YEARS S/O.VENUGOPALAN NAIR, BHAVNY, EDAMULLOOR HOUSE, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003`** - **`6 K. KRISHNAKUMAR, AGED 61 YEARS, S/O.KESAVAN NAIR, T.C.NO.9/1332 KGRWA 3, PIPPINAMOODU, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN-695010`** - **`7 ADARSH, AGED 22 YEARS S/O. JIJU RODIN TC9/1312, CHITTEDATHU HOUSE, UNNITHAN LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010`** -2- W.P.(C). No.36096 of 2022 - **`8 SATHEESH KUMAR.S, AGED 48 YEARS, S/O. R SREEDHARAN NAIR, DWARAKA, TC NO. 10/7, PIPPINMOODU, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010`** - **`9 K. MURALEEDHARAN, AGED 59 YEARS S/O. KOCHAPPI, SARASWATHI VILASAM, BNRANO.71, KOWDIAR P.O., THIRUVANATHAPURAM, PIN - 695003`** - **`10 B.S. SIVAKUMAR, AGED 55 YEARS S/O. K. SHEKHARAN NAIR, ELANKAMON HOME, TJRANO. 173, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN - 695010`** - **`11 S. SREEKUMAR, AGED 64 YEARS S/O. SHANMUGHAN PILLAI, SHANMUGHA BHAVAN, TC 31/2721-3, SWATHY NAGAR, 48.K, PIPPINMOODU, PERRORKADA P.O., THIRUVANANTHAPURAM, PIN - 695010`** ## **`BY ADV SASTHAMANGALAM S. AJITHKUMAR`** ## **`RESPONDENTS:`** - **`1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`2 THE DEPUTY DEVASWOM COMMISSIONER (P&SGRC) TRAVANCORE DEVASWOM BOARD, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`4 THE SUB GROUP OFFICER, SASTHAMANGALAM DEVASWOM, ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** -3- W.P.(C). No.36096 of 2022 - **`5 M.N. VIJAYAKUMAR, AGED 60 YEARS, S/O. MADHAVAN NAIR, THIRUVATHIRA, PIPPINMOODU, THIRUVANANTHAPURAM, PIN - 695010`** - **`6 VIKRAMAN, AGED 60 YEARS, S/O. KUTTAN, PARAMBIL VEEDU, KGRWA-90, PIPPINMOODU, PEROORKADA, THIRUVANATHAPURAM, PIN - 695005`** - **`7 P.T. SURESH BABU, S/O.PARAMESWARAN PILLAI, THULASI BHAVAN, SWATHI NAGAR, PEROORKADA, THIRUVANATHAPURAM, PIN - 695505`** ``` R1 TO R4 BY SRI.G.SANTHOSH KUMAR, SC. R7 BY ADV.SMT.THUSHARA JAMES ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -4- W.P.(C). No.36096 of 2022 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are elected as members of the Temple Advisory Committee of Sasthamangalam Devaswom, which is a Temple under the management of the 1[st] respondent Travancore Devaswom Board, in the general body convened on 30.09.2022, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Deputy Devaswom Commissioner to implement Ext.P3 order dated 29.09.2022 and allow them to function as members of the Temple Advisory Committee of Sasthamangalam Devaswom. 2. On 11.11.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel took notice for the 1[st] respondent. Urgent notice by speed post was ordered to respondents 2 to 7. In the light of Ext.P3 order dated 29.09.2022 of the 2[nd] respondent Deputy Devaswom Commissioner, this Court granted an interim order staying the operation of Ext.P4 notice dated 03.11.2022 issued by the 4[th] respondent Sub -5- W.P.(C). No.36096 of 2022 Group Officer, Sasthamangalam Devaswom regarding the election of members of the Temple Advisory Committee of Sasthamangalam Devaswom for the year 2022-24, scheduled to be held on 13.11.2022 at 5.00 p.m., by draw of lots in front of sanctum sanctorum, following the procedure prescribed in Ext.P1 Rules for the formation of Temple Advisory Committees in the Temples under the management of Travancore Devaswom Board. 3. Today, when this matter is taken up for consideration, respondents 1 to 4 have filed a counter affidavit, wherein it is stated that, as per Clause (5) of Ext.P1 Rules the concerned Assistant Devaswom Commissioner has to convene a general body meeting of the registered members of a Temple, with one-week prior notice. The members of the Temple Advisory Committee will be elected from among the registered members on consensus. If more than the prescribed number of persons are suggested to the Committee, then selection has to be made by drawing lots in front of sanctum sanctorum, in the presence of the concerned Assistant Devaswom Commissioner, instead of nomination. As -6- W.P.(C). No.36096 of 2022 per Ext.P1 Rules, the election of the Temple Advisory Committee of Sasthamangalam Devaswom, under Ulloor Group, was held on 30.08.2022. Thereafter, the Devaswom Commissioner received a complaint from the 7[th] respondent, stating that in spite of a request to draw lots for selecting members of the Temple Advisory Committee, the 3[rd] respondent Assistant Devaswom Commissioner did not accept the same, who recommended a panel for selection as members to the Temple Advisory Committee. Considering the complaint, Devaswom Commissioner issued Ext.P2/Ext.R1(a) order 12.09.2022, directing the 3[rd] respondent Assistant Devaswom Commissioner to cancel the election conducted on 30.08.2022, since the procedure adopted by the Assistant Devaswom Commissioner is contrary to Ext.P1 Rules, and to take necessary steps to elect new Temple Advisory Committee in accordance with the procedure contemplated in the said Rules, by drawing lots. Meanwhile, the 3[rd] respondent Assistant Devaswom Commissioner submitted Ext.R1(b) report dated 16.09.2022 stating that the allegations in the complaint are baseless and that, the election to the members -7- W.P.(C). No.36096 of 2022 of the Temple Advisory Committee was on consensus. Considering the report of the 3[rd] respondent Assistant Devaswom Commissioner, the Devaswom Commissioner forwarded Ext.R1(c) report dated 10.10.2022 before the 1[st] respondent Travancore Devaswom Board, for the approval of the newly elected members of the Temple Advisory Committee. The Board examined the allegations and the report of the 3[rd] respondent Assistant Devaswom Commissioner and issued Ext.R1(d) order dated 01.11.2022, directing the implementation of Ext.P2/Ext.R1(a) order 12.09.2022 of the Devaswom Commissioner. By Ext.R1(d) order, the Assistant Devaswom Commissioner has been directed to take necessary steps to elect a new Temple Advisory Committee in accordance with the procedure contemplated in Ext.P1 Rules, by drawing lots. In compliance with the said Board order, the Devaswom Commissioner, vide letter dated 03.11.2022 informed the 3[rd] respondent Assistant Devaswom Commissioner to initiate further steps in the matter considering Ext.P2/Ext.R1(a) and Ext.R1(d). Accordingly, Ext.P4 notice was published for electing the new -8- W.P.(C). No.36096 of 2022 Temple Advisory Committee, by drawing lots. 4. Heard the learned counsel for the petitioners and also the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4. 5. The issue that arises for consideration in this writ petition is as to whether the petitioners are entitled for implementation of Ext.P3 order dated 29.09.2022 of the 2[nd] respondent Deputy Devaswom Commissioner, whereby approval has been granted for the constitution of Temple Advisory Committee with those who are elected in the meeting of the registered members, held on 30.08.2022. 6. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 deals with the formation of the Temple Advisory Committees. As per sub-section (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 -9- W.P.(C). No.36096 of 2022 31A, the composition of an Advisory Committee under subsection (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. 7. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2), 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. Clause (3) of the Rules deals with membership. As per Clause (3), 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 -10- W.P.(C). No.36096 of 2022 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. 8. Clause (11) of the Rules deals with term of office of the Temple Advisory Committee. As per Clause (11), 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. 9. In **Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act the formation of -11- W.P.(C). No.36096 of 2022 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 byelaws 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 to 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 -12- W.P.(C). No.36096 of 2022 circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the approved Rules is to see that 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 Rules, shall not be exercised as a matter of course. They shall call for 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 extension of term has to be given or not. The said principles have been reiterated in **Sunil Kumar C. and others v Travancore Devaswom Board and others [2022 (4) KLT 324]** . 11. Clause (5) of Ext.P1 Rules, which deals with the election reads thus; “5. തിര്ഞെടു്ᩔ് ഉപദേശക സമിതിയി്ഞെ ്ഽിരൊാംഗ്ങ്ഞ ൊഴി്ഞകയു്ᩦവ്ഞര തിര്ഞെടു്കു്ᩐതിദെ്കു രജിദേർഡ് ഭ്വജന്ങ ു്ഞട ്ഞപൊതുദയൊഗാം അസിേന്റ് ദേവസവാം ക്ᩜിഷണർ വി ി്ചു . കൂദേ്ᩂതൊണ് ആയതിദെ്കു നി്ᩐിത ദയൊഗ്ᩈിനു ഒരൊഴ്ച മുൻ്ഞപ്ഝിെുാം അാംഗ്ങൾ്ക് ദനൊേീസ് നല്കിയിരിദ്ക്ᩂതുമൊണ്. -13- W.P.(C). No.36096 of 2022 അപ്പകൊരാം വി ി്ചു കൂേു്ᩐ ദയൊഗ്ᩈിൽ വ്ച് ്ഞപൊതുധൊരണയിൽ/സമവൊയ്ᩈിൽ ഉപദേശക സമിതിയി്ഞെ . അാംഗ്ങ്ഞ തിര്ഞെടുദ്ക്ᩂതൊണ് ഏ്ഞത്ഝിെുാം കൊരണവശൊൽ നി്ᩐിത അാംഗസാംഖ്യയിൽ അധികാം ദപരുകൾ നിർദേശി്ക്ഞ്ᩔേൊൽ അസിേൻറ് ദേവസവാം ക്ᩜീഷണറു്ഞട സൊ്ᩐിധയ്ᩈിൽ ദേതനടയിൽ്ഞവ്ച് നി്ᩐിത അാംഗ്ങ്ഞ .” നറു്കിേു തിര്ഞെടുദ്ക്ᩂതൊണ് 12. In view of the provisions under Clause (5) of Ext.P1 Rules, in case there is no consensus in the general body meeting of the registered members of the Temple convened by the concerned Assistant Devaswom Commissioner, with one-week prior notice, i.e., if more than the prescribed number of persons are suggested to the Committee, then selection has to be made by drawing lots in front of sanctum sanctorum, in the presence of the concerned Assistant Devaswom Commissioner. 13. In the case on hand, the election of the Temple Advisory Committee of Sasthamangalam Devaswom, under Ulloor Group, was held on 30.08.2022. The Devaswom Commissioner received a complaint from the 7[th] respondent, stating that in spite of a request to draw lots for selecting members of the Temple Advisory Committee, the 3[rd] -14- W.P.(C). No.36096 of 2022 respondent Assistant Devaswom Commissioner did not accept the same, who recommended a panel for selection as members to the Temple Advisory Committee. Considering the complaint, Devaswom Commissioner issued Ext.P2/Ext.R1(a) order 12.09.2022, directing the 3[rd] respondent Assistant Devaswom Commissioner to cancel the election conducted on 30.08.2022, since the procedure adopted by the Assistant Devaswom Commissioner is contrary to Ext.P1 Rules, and to take necessary steps to elect new Temple Advisory Committee in accordance with the procedure contemplated in the said Rules, by drawing lots. Though, considering Ext.R1(b) report dated 16.09.2022 of the 3[rd] respondent Assistant Devaswom Commissioner, the Devaswom Commissioner forwarded Ext.R1(c) report dated 10.10.2022 before the 1[st] respondent Travancore Devaswom Board, for the approval of the newly elected members of the Temple Advisory Committee, the Board issued Ext.R1(d) order dated 01.11.2022, directing the implementation of Ext.P2/Ext.R1(a) order 12.09.2022 of the Devaswom Commissioner. By Ext.R1(d) order, the Assistant Devaswom Commissioner has been directed to take necessary -15- W.P.(C). No.36096 of 2022 steps to elect new Temple Advisory Committee in accordance with the procedure contemplated in Ext.P1 Rules, by drawing lots. In compliance with Ext.R1(d) Board order, the Devaswom Commissioner, vide letter dated 03.11.2022 informed the 3[rd] respondent Assistant Devaswom Commissioner to initiate further steps in the matter considering Ext.P2/Ext.R1(a) and Ext.R1(d). Accordingly, Ext.P4 notice was published for electing the new Temple Advisory Committee, by drawing lots. 14. By Ext.R1(d) order dated 01.11.2022, the 1[st] respondent Travancore Devaswom Board directed the implementation of Ext.P2/Ext.R1(a) order 12.09.2022 of the Devaswom Commissioner, since there was no consensus in the general body meeting of the registered members held on 30.08.2022 to elect the new Temple Advisory Committee of Sasthamangalam Devaswom. By Ext.R1(d) order of the Board, the Assistant Devaswom Commissioner has been directed to take necessary steps to elect a new Temple Advisory Committee in accordance with the procedure contemplated in Ext.P1 Rules, by drawing lots. 15. In **Bhaskara Rao A.B. v. CBI [(2011) 10 SCC** -16- W.P.(C). No.36096 of 2022 **259]** the Apex Court reiterated that, generally, no court has competence to issue a direction contrary to law nor can the court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass orders or directions which are contrary to what has been injected by law. 16. When the direction issued by the 1[st] respondent Board in Ext.R1(d) order is strictly in terms of the provisions under Clause (5) of Ext.P1 Rules, the petitioners are not entitled to the relief sought for in this writ petition to permit them to function as the Temple Advisory Committee of Sasthamangalam Devaswom, by implementing Ext.P3 order dated 29.09.2022 of the 2[nd] respondent Devaswom Commissioner. Consequently, the interim order of stay granted in this writ petition is vacated and this writ petition is disposed of by directing the 3[rd] respondent Assistant Devaswom Commissioner to take necessary steps in terms of Ext.R1(d) order 01.11.2022 of the 1[st] respondent Travancore Devaswom Board, to elect a new Temple Advisory Committee in -17- W.P.(C). No.36096 of 2022 accordance with the procedure contemplated in Ext.P1 Rules, by drawing lots, by implementing Ext.P2/Ext.R1(a) order dated 12.09.2022 of the Devaswom Commissioner. Since the annual festival of Siva Temple, Pippinmoodu, under Sasthamangalam Devaswom is scheduled to commence on 06.01.2023, the 3[rd] respondent Assistant Devaswom Commissioner shall ensure that new Temple Advisory Committee of Sasthamangalam Devaswom takes charge in the last week of December, 2022. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV -18- W.P.(C). No.36096 of 2022 ## **`APPENDIX OF WP(C) 36096/2022`** ## **`PETITIONER EXHIBITS`** - **`Exhibit P1`** ``` THE TRUE COPY OF THE NOTIFICATION NUMBER ROC-1809/09/NS. RULE 5 DATED 30.11.2011 ``` - **`Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS IN ROC.12612/22/NS.1 DATED 12.09.2022`** - **`ExhibitP3 THE TRUE COPY OF THE ORDER NO. ROC.12612/2022/NS-1 DATED 29.09.2022`** - **`Exhibit P4`** - **`TRUE COPY OF THE NOTICE FOR ELECTION OF NEW ADVISORY COMMITTEE ON 03/11/2022`** - **`Exhibit P5 THE REPRESENTATION FILED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 8/12/2022`** ## **`RESPONDENT EXHIBITS`** - **`Exhibit R1 A TRUE COPY OF THE ORDER DATED 12.9.2022 ISSUED FROM THE OFFICE OF THE DEVASWOM COMMISSIONER.`** - **`Exhibit R1 B TRUE COPY OF THE REPORT DATED 16.9.2022 ISSUED BY THE ASSISTANT DEVASWOM COMMISSIONER TO THE DEVASWOM COMMISSIONER.`** - **`Exhibit R1C TRUE COPY OF THE REPORT DATED 10.10.2022 ISSUED BY THE DEVASWOM COMMISSIONER TO THE SECRETARY.`** - **`Exhibit R1D TRUE COPY OF THE ORDER DATED 1.11.2022 ISSUED BY THE TRAVANCORE DEVASWOM BOARD`**