DBP 62 of 2022 — Suo Motu matter in the High Court of Kerala at Ernakulam concerning the Thuravoor Mahakshethram annual festival and the auction of stalls under the Travancore Devaswom Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` MONDAY, THE 10[TH] DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 ``` ## **`DBP NO. 62 OF 2022`** ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – MATTER ``` ``` PERTAINING TO THE AUCTION OF PURAMBOKE LAND UNDER THE DEVASWOM IN CONNECTION WITH ANNUAL FESTIVAL – SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED ``` ``` 11.10.2022. - REG. ``` ``` ------------ ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM`** - **`2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANATHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN- 695 003`** - **`3 THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM, VAIKOM- 686 141`** - **`4 THE ADMINISTRATIVE OFFICER THURAVOOR MAHAKSHETRAM, THURAVOOR P.O., CHERTHALA- 688 532`** - **`5 TEMPLE ADVISORY COMMITTEE OF THURAVUR MAHAKSHETRAM THURAVOOR P.O., CHERTHALA, PIN- 688 532`** - **`6 ADDL R6- STATION HOUSE OFFICER KUTHIYATHODE POLICE STATION, KUTHIYATHODU P.O., CHERTHALA, ALAPPUZHA - 688 524 *IS SUO MOTU`** 2 DBP 62 of 2022 ``` IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 13/10/2022 IN DBP.NO.62/2022 7 ADDL R7- SREE NARASIMHA SEVA SAMITHI REPRESENTED BY ITS SECRETARY JAYESH R., REG.NO.ALP/TC/237/2022, THURAVOOR P.O., ALAPPUZHA, VAKKAYIL, PARAYAKKAD P.O., THURAVOOR, PIN - 688 540 *IS SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER DATED 14/10/2022 IN DBP NO.62 OF 2022 8 ADDL R8- ASSISTANT ENGINEER, MARAMATH WING, VAIKOM GROUP, TRAVANCORE DEVASWOM BOARD, VAIKOM – 686 141 *IS SUO MOTU IMPLEADED AS ADDITIONAL 8TH RESPONDENT VIDE ORDER DATED 10.04.2023 IN DBP NO.62 OF 2022 BY ADVS. SANTHOSH KUMAR G V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SEETHY KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR NITHEESH.M SUKANYA S. ADV.S.RAJMOHAN, SR.GP ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON ``` ``` 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP 62 of 2022 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ based on a complaint dated 11.10.2022 received from one A. Anil Kumar, who is a devotee of Narasimhamoorthy of Thuravur Mahakshethram, which is under the management of the Travancore Devaswom Board, pointing out various issues in connection with the annual festival (Thiruvulsavam), which was scheduled to be held on 17.10.2022. In the said complaint it was pointed out that though an auction was conducted on 10.10.2022 in the Devaswom hall, at the initiative of the Deputy Devaswom Commissioner, Vaikom, for auctioning the right to conduct stalls in front of the temple and more than 100 persons were ready to participate in that auction, due to the threat of certain persons the auction was re-scheduled to 13.10.2022. The obstruction to auction proceedings was caused by the office bearers of Narasimha Seva Samithi, which is getting support from the office bearers of the Temple Advisory Committee of Thuravur Mahakshethram. 2. On 13.10.2022, when this DBP came up for consideration, the Station House Officer, Kuthiyathode Police Station was _suo motu_ impleaded as the additional 6[th] respondent. The learned Standing Counsel for Travancore Devaswom Board 4 DBP 62 of 2022 was directed to get the address of Narasimha Seva Samithi referred to in the complaint dated 11.10.2022. The learned Senior Government Pleader took notice for respondents 1 and 6. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 4. Urgent notice was ordered to the 5[th] respondent Temple Advisory Committee, through the 4[th] respondent Administrative Officer. After considering the submissions made at the Bar, this Court passed an order dated 13.10.2022. Paragraphs 10 to 13 of the said order read thus; “10. The issues in connection with the conduct of annual festival in Thuravoor Mahakshetram for the year 1197 M.E 2021 was the subject matter in W.P.(C)No.23704 of 2021. The said writ petition was disposed of by the judgment dated 18.11.2021- **Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940]** , wherein this Court has issued various directions regarding lay out of the stalls to be auctioned, the manner in which those stalls will have to be auctioned and that the conduct of such stalls by the traders shall be without causing any obstruction whatsoever to the movement of vehicles and pedestrians through the public - road and also the service road of National Highway 66. 11. In view of the law laid down by this Court in **Abu K.S.** **v. Travancore Devaswom Board and others [2022 SCC OnLine Ker 1642]** , relying on the decision of the Apex Court in **M.V. Ramasubbiar v. Manicka Narasimachara** **[(1979) 2 SCC 65]** , in the conduct of auction of stalls 5 DBP 62 of 2022 during annual festival in Thuravoor Mahakshethram, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs, in order to ensure that proper income is generated by conducting such auction. 12. In W.P.(C)No.22291 of 2021 we have already passed an order dated 11.10.2022. Paragraphs 5 and 6 of that order read thus: - “5. The auction of the stalls in connection with annual festival in Thuravur Mahakshethram for the year 1198 ME has to be conducted as per the sketch prepared by the Deputy Commissioner, strictly in compliance with the directions contained in the judgment of this Court - in **Satheesh v. Travancore Devaswom Board** - **[2022 (1) KLT 940]** . The auctioning of the stalls shall be done by the 3rd respondent Administrative Officer and not by the Temple Advisory Committee constituted under Section 31A of the Travancore Cochin Hindu Religious Institutions Act, 1950. 6. In case any assistance is required for the conduct of auction, the 3[rd] respondent Administrative Officer of Thuravoor Mahakshetram shall make a request before the additional 8th respondent Station House Officer, Kuthiyathodu Police Station, in which event, the Police shall render necessary assistance in order to ensure smooth conduct of auction of the stalls in connection with the annual festival in the temple.” 13. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board would submit that the official respondents have already been instructed to act strictly in terms of the directions contained in the aforesaid order dated 11.10.2022.” 6 DBP 62 of 2022 3. On 14.10.2022, when this DBP came up for consideration along with W.P.(C)No.22291 of 2021 and connected matters, this Court passed a detailed order regarding the conduct of annual festival in Thuravur Mahakshethram which was scheduled to commence on 17.10.2022. Paragraphs 6 to 8 of that order read thus; “6. The learned Standing Counsel for Travancore Devaswom Board would submit that the layout of the stalls which are put to auction has been finalised taking note of the law laid down by this Court in **Satheesh v. Travancore Devaswom Board [2022 (1) KLT 940]** in order to ensure that the conduct of such stalls by the traders shall be without causing any obstruction whatsoever to the movement of vehicles and pedestrians - through Thuravoor Chavady PWD Road and also the - service road on the side of NH 66. Out of 112 shops as per that layout, 106 shops have already been auctioned on 13.10.2022 for Rs.21,82,888/- including GST, as against Rs.13,91,600/- for the previous year. Compared to the previous year, the total number of shops is reduced from 128 to 112, in order to comply with the directions contained in the decision in **Satheesh [2022 (1) KLT 940]** . The remaining 6 shop rooms are set apart for keeping footwear and the auction is scheduled to be held on 15.10.2022. 7. Having considered the submissions made at the Bar, we find that since a duly elected Temple Advisory Committee under Section 31A of the Travancore-Cochin Hindu 7 DBP 62 of 2022 Religious Institutions Act, 1950, has already taken charge, which has to render necessary assistance to the 4[th] respondent Administrative Officer in DBP No.62 of 2022, for the proper conduct of annual festival. We direct the 4[th] respondent Administrative Officer to conduct the temple festival, with necessary support and assistance of the 5[th] respondent Temple Advisory Committee in DBP No.62 of 2022. Neither Thuravoor Mahakshetra Bhakthajana Samithi, the 4[th] respondent in W.P.(C)No.22291 of 2021, nor Sree Narasimha Seva Samithi, which is suo motu impleaded as the additional 7[th] respondent in DBP No.62 of 2022, shall interfere in any manner with the conduct of annual festival by the 4[th] respondent Administrative Officer. The 4[th] respondent Administrative Officer and also the 6[th] respondent Station House Officer shall ensure strict compliance of the directions contained in the order of this Court dated 11.10.2022 in W.P.(C)No.22291 of 2021 and connected cases and the order dated 13.10.2022 in DBP No.62 of 2022, in letter and spirit, in order to ensure the smooth conduct of the temple festival, without causing any inconvenience whatsoever to the devotees and also those who are using the PWD Road and also the service road of NH-66. 8. Any issues in connection with the temple festival shall be brought to the notice of this Court, by either side, by filing appropriate petition, seeking immediate interference of this Court. Any such application shall be listed before the Bench on the very same day itself.” 4. The above order was followed by an order dated 20.10.2022 in W.P.(C)No.22291 of 2021 and connected matters. 8 DBP 62 of 2022 ## Paragraphs 4 to 9 of that order read thus; “4. Today, when this matter is taken up for consideration, the learned Advocate Commissioner has submitted a report dated 20.10.2022. Paragraphs 4 to 6 and 8 and 9 of that report reads thus; “4. The average north-south measurement (width) of the shop rooms bearing nos.1 to 4 in 2.10 meters. But as per the layout, the width of these shop rooms is only 1.50 meters. These shop rooms are seen erected very near to the tarred road without providing any space from the tarred portion of the road. 5. As per the layout for the shop room numbers 1 to 15, the length is 3.50 meters and the width is 1.50 meters. But it is seen that the average width of the shop rooms bearing Nos.5 to 10 is 1.90 meters and the average width of the shop rooms bearing Nos.11 to 13 is 2 meters. The average distance between the shop rooms bearing Nos.5 to 13 and the tarred road is 50 cm. The average distance between shop rooms bearing Nos.14 to 20 and tarred road is 1.20 meters. The shop rooms bearing Nos.21 to 26, which are used as stalls for keeping footwears of the devotees entering inside the temple compound are situated on the west of the front gopuram. The average distance from these shop rooms to the tarred road is 1 meter. 6. The shop rooms bearing Nos.33-47 are erected on the northern side of the Thuravoor-Chavady Road. The shop rooms bearing Nos.33-37 are seen 9 DBP 62 of 2022 erected within the space allotted to them and the average distance from these shop rooms to the tarred road is 1.85 meters. The average distance from the shop rooms bearing Nos.38-40 to the tarred portion of the road is 1.20 meters. The distance from the shop room bearing No.41 to the tarred portion of the road is 1.30 meters. The average distance from the shop rooms bearing Nos.42-43 to the tarred portion of the road is 1.10 meters. The average distance from the shop rooms bearing Nos.44-47 to the tarred portion of the road is 1 meter. 8. At present, there are only four temporary shop rooms erected on the service road of NH-66, which is situated on the east of the temple pond. I could see the construction work of temporary shop rooms in progress in this area. I could see lot of vehicles parked in this road. Some of the auto-taxi drivers told me that Devaswom has no right over this area and therefore not entitled to construct any temporary shop rooms there. 9. It is submitted that no temporary shop rooms are seen erected encroaching the tarred road. The shop rooms are seen erected on the interlocking pavements on the road margin on both sides of this road. There is no enough space provided between the shop rooms situated on the southern side and the tarred road and the pedestrians will not be able to walk through that area without stepping over the tarred portion of the road. Similarly, if the 10 DBP 62 of 2022 people are standing in group in front of the shop rooms on the norther side of the road, the pedestrians will not be able to walk through that area.” 5. From the report of the learned Advocate Commissioner, it _prima facie_ appears that, the direction contained in Annexure A1 judgment dated 18.11.2021 in W.P.(C)No.23704 of 2021 is not complied with in letter and spirit by the respondents, whereby it was ordered that, while preparing the layout of temporary shops to be erected during temple festival, the Administrative Officer of Thuravooor Maha Kshethram shall ensure that erection of any such shops will not cause any obstruction whatsoever to the movement of traffic through the carriage way of Chavadi-Thuravoor Junction road and also movement of pedestrians through the pedestrian facilities provided on either side of that road. 6. From the submissions made by the learned Senior Government Pleader, we noticed that the District Collector, Alappuzha is yet to comply with the directions contained in Annexure A1 judgment to fix the boundary of the property of Thuravoor Maha Kshethram, on the side of Chavadi-Thuravoor Junction road, with the help of the Taluk Surveyor. 7. From the report of the learned Advocate Commissioner, we find that some of the shop rooms erected as per the layout approved by the Administrative Officer is causing obstruction to the movement of pedestrians through Chavadi-Thuravoor Junction road. In such circumstances, we deem it appropriate to direct the 6[th] respondent 11 DBP 62 of 2022 Station House Officer, Kuthiyathodu Police Station in DBP No.62 of 2022 to take necessary steps to ensure that there is no obstruction whatsoever to the movement of traffic and pedestrians through Chavadi-Thuravoor Junction road on account of any stalls erected on either side of that road. The stalls, which are erected, either exceeding the allotted area as per the layout approval, or which are causing obstruction to the movement of pedestrians through the said PWD road or the Service Road of NH-66 shall be removed, forthwith. 8. The learned Advocate Commissioner would make a suggestion that there is vacant land having an extent of 3 acres, behind Thuravoor Maha Kshethram, which is being used for Annadhanam, which can be used for erecting stalls in connection with annual festival from the next year onwards, so that the erection stalls on either side of Chavadi-Thuravoor PWD road or the Service Road of NH66 can be avoided. 9. The aforesaid issue raised by the learned Advocate Commissioner can be considered in DBP No.62 of 2022.” 5. Cont.Case (C)No.1947 of 2022, arising out of the judgment of this Court dated 18.11.2021 in W.P.(C)No.23704 of 2021 was closed by the judgment dated 08.02.2023. In view of the aforesaid order dated 20.10.2022 in W.P.(C)No.22291 of 2021 and connected matters, since the annual festival of Thuravur Mahakshethram for the year 2022 is already over and compliance report along with the sketch dated 10.01.2023 of the District 12 DBP 62 of 2022 Collector, Alappuzha along with the sketch dated 12.12.2022 of the Taluk Surveyor fixing the boundaries of Thuravur Mahakshethram has already been placed on record along with the memo dated 02.02.2023 of the learned Senior Government Pleader. By the judgment dated 08.02.2023, this Court directed the Registry to incorporate a copy of that judgment and also the memo dated 02.02.2023 of the learned Senior Government Pleader, in the Judges’ papers of this DBP, for considering the issue raised by the learned Advocate Commissioner, which has been noticed in paragraph 8 of the order dated 20.10.2022 in W.P.(C)No.22291 of 2021 and connected matters. 6. Heard the learned Senior Government Pleader for respondents 1 and 6, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and additional 8[th] respondent, the learned counsel for the 5[th] respondent Temple Advisory Committee and also the learned counsel for the additional 7[th] respondent. 7. In terms of the directions contained in the judgment of this Court dated 18.11.2021 in W.P.(C)No.23704 of 2021, the District Collector, Alappuzha has placed on record a compliance report dated 10.01.2023, enclosing therewith a sketch dated 13 DBP 62 of 2022 12.12.2022 of the Taluk Surveyor, fixing the boundaries of Thuravur Mahakshethram, i.e., the boundary of the Devaswom property. In the report of the learned Advocate Commissioner in W.P.(C)No.22291 of 2021, which is one dated 20.10.2022, he has made a suggestion that there is vacant land having an extent of 3 Acres behind Thuravur Mahakshethram, which is being used for Annadanam, can be used for erecting stalls in connection with the annual festival from the next year onwards, so that erection of stalls on either side of Chavadi-Thuravoor PWD Road or the service road of National Highway 66 can be avoided. Having considered the compliance report dated 10.01.2023 of the District Collector, Alappuzha and the sketch prepared by the Taluk Surveyor dated 12.12.2022, fixing the boundaries of the properties of Thuravur Mahakshethram and the submissions made at the Bar, we find that erection of stalls in connection with the annual festival and also other festivals in Thuravur Mahakshethram has to be in the vacant land having an extent of 3 Acres, behind the temple, which is being used for Annadanam. No temporary stalls in connection with the annual festival and also other festivals in Thuravur Mahakshethram shall be erected on either side of Chavadi-Thuravoor PWD Road or the service road 14 DBP 62 of 2022 of NH-66. It is ordered accordingly. The 2[nd] respondent Travancore Devaswom Board and its officials shall ensure that the Devaswom property as per the survey sketch dated 12.12.2022 of the Taluk Surveyor is protected in an appropriate manner, without any encroachment whatsoever. The Deputy Commissioner shall prepare a revised layout of temporary stalls to be erected in Thuravur Mahakshethram in connection with annual festival and also other festivals, strictly in terms of the direction contained in this order and also the law laid down in the decision of this Court in **Satheesh v. Travancore Devaswom Board [2022 (1) KLT 940]** , which shall be placed before this Court along with a DBA for approval, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this order. This DBP is disposed of with the above directions. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** **yd** 15 DBP 62 of 2022 ## APPENDIX ``` 1ST RESPONDENT ANNEXURES Annexure-R1(a) TRUE COPY OF THE LETTER DATED 17/10/2022 ALONG WITH THE LAY OUT ISSUED BY THE ASSISTANT ENGINEER, VAIKOM TO THE ASSISTANT COMMISSIONER, VAIKOM. ``` ``` 5TH RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF THE NOTICE DATED 20.09.2022 ISSUED JOINTLY BY THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM GROUP, THE ADMINISTRATIVE OFFICER, THURAVORR MAHAKSHETHRAM AND THE PRESIDENT, TEMPLE ADVISORY COMMITTEE. EXHIBIT R5(B) TRUE COPY OF THE WORK REPORT OF 2019- 2020 WITH INCOME EXPENDITURE ACCOUNT PUBLISHED AND APPROVED BY THE TRAVANCORE DEVASWOM BOARD. EXHIBIT R5(C) TRUE COPY OF THIRUVUTSAVAM PROGRAMME NOTICE DATED 01.10.2022. ```