Chandrasekharan Nair v. Travancore Devaswom Board and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MRS.JUSTICE SOPHY THOMAS ``` ``` TUESDAY, THE 19[TH] DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 ``` ``` WP(C) NO. 25175 OF 2023 ``` ## **`PETITIONER:`** ``` CHANDRASEKHARAN NAIR, AGED 57 YEARS, S/O SANKARAN NAIR, PANACKAL HOUSE, THANNEERMUKKAM P.O., CHERTHALA, ALAPPUZHA, PIN - 688527 ``` ``` BY ADVS.R.KRISHNA RAJ E.S.SONI ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM-695003 REPRESENTED BY ITS SECRETARY,`** - **`2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD DEVASWOM BOARD OFFICE, NANTHANCODE KAWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003`** - **`3 ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, AMBALAPPUZHA, ALAPPUZHA-688561`** - **`4 SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, CHALI NARAYANAPURAM DEVASWOM, CHERTHALA, ALAPPUZHA-688527`** - **`5 SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, MUHAMMA P.O., ALAPPUZHA DISTRICT-658525`** ``` BY ADV.SRI.G.SANTHOSH KUMAR (P). ``` ``` SRI. S. RAJMOHAN,SR. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.25175 of 2023 ## **JUDGMENT** Anil K. Narendran, J. The petitioner, who was the President of the Temple Advisory Committee of Sree Chali Narayanapuram Maha Kshethram, which is a temple under the management of the 1[st] respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 order dated 31.03.2023 of the 2[nd] respondent Devaswom Commissioner, whereby the Temple Advisory Committee stands dissolved, invoking the provisions under clause (12) of the bye-laws (Rules) framed under subsection (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, regarding the formation of such committees in the temples under the management of the Board. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent Board to consider Ext.P8 appeal dated 15.05.2023 filed against Ext.P7 order dated 31.03.2023 of the 2[nd] respondent Devaswom Commissioner. The further relief sought for is a writ of mandamus restraining the 1[st] respondent Board from reconstituting the Temple Advisory Committee of Sree Chali Narayanapuram Maha Kshethram, during the pendency of Ext.P8 appeal. 3 W.P.(C)No.25175 of 2023 ## 2. On 02.08.2023, when this writ petition came up for admission, this Court passed a detailed order, which reads thus; “This writ petition is one filed by the petitioner, who was the President of the Temple Advisory Committee of Sree Chali Narayanapuram Maha Kshethram which is under the management of the Travancore Devaswom Board. The constitution of the Temple Advisory Committee in temples under the management of Travancore Devaswom Board is governed by the provisions under Section 31A of the Travancore Cochin Hindu Religious Institutions Act, 1950 and the Rules (bye-laws) made by the Board under subsection (3) of Section 31A of the Act, which has been approved by this Court in the order dated 15.01.2010 in DBA No.153 of 2009. The documents marked as Exts.P1 and P5 are representation dated 17.01.2023 made by the Temple Advisory Committee to the 3[rd] respondent Assistant Devaswom Commissioner and that dated 24.02.2023 made to the President of the Travancore Devaswom Board. The said representations are in the letterhead of the Temple Advisory Committee. A screenshot of the letterhead is reproduced hereunder; **==> picture [412 x 99] intentionally omitted <==** 2. In view of the provisions under 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 4 W.P.(C)No.25175 of 2023 participation of Hindu devotees. In an earlier occasion, this Court noticed that the name and emblem of the Travancore Devaswom Board is being misused in the letterhead of the Temple Advisory Committees constituted under Section 31A of the Act. 3. The learned Standing Counsel would submit that based on the order of this Court dated 30.05.2023 in W.P.(C)No.14306 of 2023 and the order dated 30.05.2023 in W.P.(C)No.17040 of 2023, the Board has already been requested to issue necessary circular on this aspect. 4. Having considered the materials on record and also the submissions made at the Bar, we deem it appropriate to direct the Board to issue a circular through the 2[nd] respondent Devaswom Commissioner, prohibiting the use of the name of the Travancore Devaswom Board and its emblems in the letterhead of the Temple Advisory Committees in the temples under its management.” 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board representing respondents 1 to 4 and also the learned Senior Government Pleader for the 5[th] respondent Sub Inspector of Police. 4. 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 5 W.P.(C)No.25175 of 2023 the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 5. 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. 6. 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 6 W.P.(C)No.25175 of 2023 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 (bye-laws) 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 7 W.P.(C)No.25175 of 2023 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 entitled to get membership. 10. In **Santharam Roy T.S. v. Travancore Devaswom Board [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 the management of the Board makes 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 the Rules deal with 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, 8 W.P.(C)No.25175 of 2023 as provided under Clause (5) of the Rules. ## 11. 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 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 to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be 9 W.P.(C)No.25175 of 2023 extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the Rules is to see that timely elections are held and the constitution of the Committees is 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 Rules, 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. 12. Clause (9) of the Rules deals with office bearers and their duties. Clause (9.1) deals with President, Clause (9.2) deals with Vice President, Clause (9.3.) deals with Secretary and Clause (9.4) deals with Treasurer. As per Clause (9) of the Rules, one of the duties of the President, as provided in Clause (9.1), is to formulate projects for the betterment of the temple and for the convenience of the devotees and implement the same with the approval of the Board. The President has to supervise the collection of funds at the initiative of the Advisory 10 W.P.(C)No.25175 of 2023 Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 13. Clause (12) of the Rules deals with powers and rights of the Devaswom Board. As per Clause (12), the Devaswom Commissioner shall have the power to determine the qualification of the members of the Advisory Committee, the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In 11 W.P.(C)No.25175 of 2023 the event of the activities of the Advisory Committee being contrary to the interest of the temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 14. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [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 TravancoreCochin 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 12 W.P.(C)No.25175 of 2023 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. 15. In **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** 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 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 of the said temple, 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 13 W.P.(C)No.25175 of 2023 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. 16. Clause (18) of the Rules prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. 17. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party noticed that the provisions under Clause (18) of the Rules provide for sufficient safeguards to prevent the illegal collection of funds by the Temple Advisory Committee. 18. In the instant case, by Ext.P7 order dated 31.03.2023 of the 2[nd] respondent Devaswom Commissioner, which is under 14 W.P.(C)No.25175 of 2023 challenge in this writ petition, the Temple Advisory Committee of Sree Chali Narayanapuram Maha Kshetram stands dissolved for the reasons stated therein. The misconducts alleged against the Temple Advisory Committee are grave in nature. As per Clause (12) of the Rules, the Devaswom Commissioner have the power to remove the members of the Temple Advisory Committee on the basis of specific reasons. In the event of the activities of the Temple Advisory Committee being contrary to the interest of the temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Devaswom Commissioner have the absolute power to remove the Temple Advisory Committee. 19. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board would submit that before acting on report No.554 dated 15.03.2023 of the 3[rd] respondent Assistant Devaswom Commissioner (Ref. No.3 in Ext.P7 order dated 31.03.2023), the Temple Advisory Committee was not issued with notice to offer their explanation. If that be so, Ext.P7 order is one issued in violation of the principles of natural justice and on that sole ground, the same is liable to be interfered with. 20. In this writ petition, one of the grievances of the 15 W.P.(C)No.25175 of 2023 petitioner is that, after the issuance of Ext.P7 order, steps are being taken to constitute a new Temple Advisory Committee for Sree Chali Narayanapuram Maha Kshethram, during the pendency of Ext.P8 appeal filed before the 1[st] respondent Board. 21. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that after Ext.P7 order dated 31.03.2023 of the 2[nd] respondent Devaswom Commissioner, the entire activities in the temple are managed by the 4[th] respondent Sub Group Officer. 22. In the above circumstances, this writ petition is disposed of by treating Ext.P7 order dated 31.03.2023 of the 2[nd] respondent Devaswom Commissioner as a show cause notice to the Temple Advisory Committee to offer their explanation on the action proposed under Clause (12) of the Rules to remove the Committee for the reasons stated therein, since the said order is one issued in violation of the principles of natural justice, without serving a copy of report No.554 dated 15.03.2023 of the 3[rd] respondent Assistant Devaswom Commissioner (Ref. No.3 in Ext.P7 order dated 31.03.2023). The 2[nd] respondent is directed to reconsider the matter, after serving the petitioner a copy of report No.554 dated 15.03.2023 of the 3[rd] respondent Assistant Devaswom Commissioner (Ref.No.3 in Ext.P7 order dated 16 W.P.(C)No.25175 of 2023 31.03.2023), which shall be served within a period of two weeks from the date of receipt of a certified copy of this judgment. Thereafter, the petitioner shall submit the explanation of the Committee before the 2[nd] respondent, within a further period of three weeks. After considering the said explanation, the 2[nd] respondent shall take an appropriate decision in the matter, after affording the petitioner and other members of the Committee an opportunity of being heard, and after taking note of the legal and factual contentions raised before him and the law laid down in the decisions on the point, as expeditiously as possible, at any rate, within a further period of one month. The decision, if any, taken by the Travancore Devaswom Board to reconstitute the Temple Advisory Committee of Sree Chali Narayanapuram Maha Kshethram shall be kept in abeyance till such time and the entire activities in the temple shall continue to be managed directly by the 4[th] respondent Sub Group Officer. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **SOPHY THOMAS, JUDGE** AV/21/9 17 W.P.(C)No.25175 of 2023 ## **`APPENDIX OF WP(C) 25175/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P-1 TRUE COPY OF THE PETITION GIVEN BY THE SECRETARY OF THE TEMPLE ADVISORY COMMITTEE TO THE ASSISTANT COMMISSIONER OF TRAVANCORE DEVASWOM BOARD DATED 17.01.2023 ``` ``` Exhibit P-2 TRUE COPY OF THE NOTICE OF FESTIVAL DATED 21.01.2023 ``` - **`Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE TRAVANCORE DEVASWOM BOARD FOR SANCTIONING WORK DATED 03.03.2023`** - **`Exhibit P-4 TRUE COPY OF THE COMPLAINT FILED BY THE SECRETATY CHALI NARAYANA PURAM UPADESHAKA SAMITHI TO THE PRESIDENT OF DEVASWOM BOARD DATED 22.03.2023`** - **`Exhibit P-5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE DEVOTEES OF THE CHALI NARAYANAPURAM TEMPLE TO THE PRESIDENT OF TRAVANCORE DEVASWOM BOARD DATED 24.02.2023`** - **`Exhibit P-6 TRUE COPY OF THE LETTER OF THE SUB GROUP OFFICER DATED 08.05.2023`** - **`Exhibit P-7 TRUE COPY OF THE ORDER OF THE DEVASWOM COMMISSIONER DATED 31.03.2023`** ``` Exhibit P-8 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.05.2023 ```