DBP No.17 of 2022; W.P.(C) No.31813 of 2022; In the matter of Travancore Devaswom Board – Ettumanoor Sree Mahadeva Temple Suo Motu Proceedings

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 9[TH] DAY OF NOVEMBER 2022/18TH KARTHIKA, 1944 DBP NO.17 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – ETTUMANOOR ``` ``` SREE MAHADEVA TEMPLE – VARIOUS ALLEGATIONS AGAINST THE TEMPLE ADVISORY COMMITTEE – SUO MOTU PROCEEDINGS INITIATED ``` - **`REG.`** ``` ------------ ``` ``` PETITIONER: ``` ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001`** - **`2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM-695 003`** - **`3 DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,VAIKOM, KOTTAYAM-686 141`** - **`4 THE ADMINISTRATIVE OFFICER, ETTUMANOOR SREE MAHADEVA TEMPLE, ETTUMANOOR, KOTTAYAM-686 631`** - **`5 THE TEMPLE ADVISORY COMMITTEE OF SREE ETTUMANOOR MAHADEVA TEMPLE, ETTUMANOOR-686 631, REPRESENTED BY ITS SECRETARY`** -2- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 - **`*ADDL.R6 B.JAYACHANDRAN, AGED 55 YEARS, S/O.K.BALACHANDRAN, CHANDRAKANTHAM, ETTUMANOOR, KOTTAYAM - 686 631 *IS SUO MOTU IMPLEADED AS ADDITIONAL R6 VIDE ORDER DATED 20/07/2022 IN IA 1/2022 IN DBP 17/2022`** - **`*ADDL.R7 VINOD M.S., S/O.SREEDARA HEGDON, AGED 57 YEARS RESIDING AT MADATHIPARAMBIL HOUSE, ETTUMANOOR EAST, ETTUMANOOR P.O., KOTTAYAM - 686 631. *IS IMPLEADED AS PER ORDER DATED 10/08/2022 IN IA.NO.2/2022 IN DBP.NO.17/2022`** - **`*ADDL.R8 SREE MAHADEVA KSHETHRA SAMRAKSHANASAMITHI SHAKHA NO.586 OF KERALA KSHETHRA SAMRAKSHANA SAMITHI (REGD.NO.142/77), MADHAVAM, NEAR ETTUMANOOR SREE MAHADEVA TEMPLE ETTUMANOOR-686631, REPRESENTED BY ITS SECRETARY G.VINOD KUMAR, S/O.LATE P.N.GOPALAKRISHNAN, JYOTHI, V.K.B.ROAD, ETTUMANOOR P.O., ETTUMANOOR686631.`** ``` *IS IMPLEADED AS ADDL.8TH RESPONDENT AS PER ORDER DATED 15/09/2022 IN IA.NO.3/2022 IN DBP.NO.17/2022. ``` - **`*ADDL.R9 THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM GROUP, VAIKOM- 686 524 *IS SUO MOTU IMPLEADED AS ADDL.9TH RESPONDENT AS PER ORDER DATED 09.11.2022 IN DBP.NO.17/2022.`** ``` BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER SHRI.G.BIJU,SC, TRAVANCORE DEVASWOM BOARD ADVS.SRI.D.SOMASUNDARAM SRI.R.KRISHNA RAJ SRI.M.HARISHARMA SRI.K.MANOJ CHANDRAN SRI.E.S.SONI KUMARI SANGEETHA S.NAIR SMT.RESMI A. SRI.P.R.AJITH KUMAR ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH WP(C).31813/2022, THE ``` -3- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ``` COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 9[TH] DAY OF NOVEMBER 2022/18TH KARTHIKA, 1944 WP(C)NO.31813 OF 2022 ``` ``` PETITIONERS: ``` ``` TEMPLE ADVISORY COMMITTEE OF SREE ETTUMANOOR MAHADEVA TEMPLE, ETTUMANNOOR, KOTTAYAM - 686 631, REPRESENTED BY ITS SECRETARY. ``` ``` BY ADV D.SOMASUNDARAM ``` ## **`RESPONDENTS:`** - **`1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.`** - **`2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.`** - **`3 THE PRESIDENT, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.`** - **`4 POLICE SUB INSPECTOR, VIGILANCE AND SECURITY OFFICE, TRAVANCORE DEVASWOM BOARD, VAIKOM - 686 141.`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH DBP.17/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -4- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 9[TH] DAY OF NOVEMBER 2022/18TH KARTHIKA, 1944 REPORT NOS.57,58,59,60,64,65,67,68,69,70,71,72 AND 73 IN DBA NO.2 OF 2010 ``` ## **`PETITIONER/S:`** ``` ETTUMANOOR SREE MAHADEVA TEMPLE DWAJA PUNAPRATHISHTA. ``` ``` BY ADV SRI.ASP.KURUP ``` ``` RESPONDENT/S: ``` - **`1 TRAVANCORE DEVASWOM BOARD REP; BY SECRETARY REPRESENTED BY ITS SECRETARY.`** ``` 2RENJITH A PULIMOOTIL HOUSE, ETTUMANOOR PO KOTTAYAM-686631 SOUGHT TOBE IMPLEADED AS ADDL R8 ``` ``` BY ADVS. SRI.K.SASIKUMAR, SC, TDB G.SREEKUMAR (CHELUR) V.RAJASEKHARAN NAIR SRI.P.R.AJITHKUMAR SRI.D.AJITHKUMAR SRI.ARUN MATHEW VADAKKAN SMT.ANU GEORGE SRI.P.GOPAL SRI.C.HARIKUMAR SRI.M.HARISHARMA ``` -5- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ``` SRI.K.MANOJ CHANDRAN SRI.RENJITH RAJAPPAN SRI.P.S.SIDHARTHAN SRI.G.SHRIKUMAR SR. SRI.K.SRIKUMAR SR. SRI.P.K.SURESH KUMAR SR. SRI.SANTHEEP ANKARATH SRI.SIBY CHENAPPADY SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD ``` ``` THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -6- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ## **ORDER/JUDGMENT** ## **Anil K. Narendran, J.** ## **- DBP No.17 of 2022:** This DBP is registered _suo motu_ , by the proceedings dated 23.05.2022, based on the complaint dated 14.05.2022 of a devotee of Lord Ettumanoorappan of Ettumanoor Sree Mahadeva Temple, alleging serious irregularities in the functioning of the Temple Advisory Committee of the said Temple. The complaint dated 14.05.2022 and documents enclosed therewith form part of this DBP. 1.1. On 24.05.2022, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that the Master Plan Implementation Committee appointed as per the orders of this Court in DBA No.2 of 2010 is functioning as the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, which is continuing for the last more than 10 years. This Court issued notice to the 5[th] respondent Temple Advisory Committee, through the 3[rd] respondent Deputy Devaswom Commissioner. The learned Standing Counsel was directed to furnish the e-mail -7- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 id of the 3[rd] respondent, on 24.05.2022 itself. The learned Senior Government Pleader took notice for the 1[st] respondent and the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 4. By the order dated 24.05.2022, the learned Standing Counsel for Travancore Devaswom Board was directed to place on record the developmental activities, if any, undertaken by the Master Plan Implementation Committee/Temple Advisory Committee, for the last 10 years. 1.2. On 31.05.2022, when this matter was taken up for consideration, the 5[th] respondent entered appearance through counsel and sought two weeks’ time to file an affidavit, explaining the facts and circumstances. The learned Standing Counsel for Travancore Devaswom Board submitted that, based on the instructions already received, a statement on behalf of the 3[rd] respondent Deputy Devaswom Commissioner shall be placed on record before the next posting date. By the order dated 31.05.2022, Registry was directed to list this DBP along with the reports in DBA No.2 of 2010. -8- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 1.3. On 20.07.2022, by the order in I.A.No.1 of 2022, a devotee of Lord Ettumanoorappan was impleaded as additional 6[th] respondent. On 10.08.2022, by the order in I.A.No.2 of 2022, another devotee of Lord Ettumanoorappan was impleaded as additional 7[th] respondent. 1.4. On 10.08.2022, the additional 6[th] respondent filed a counter affidavit, producing therewith Annexures R6(a) to R6(d) documents. The counter affidavit dated 30.06.2022 of the 5[th] respondent was placed on record, after curing the defects, producing therewith Annexures R5(a) to R5(j) documents. On 15.09.2022, by the order in I.A.No.3 of 2022, another devotee of Lord Ettumanoorappan was impleaded as additional 8[th] respondent. On 29.07.2022, the 5[th] respondent filed an additional counter affidavit, in answer to the counter affidavit filed by the additional 6[th] respondent. 1.5. On 26.10.2022, on a query made by this Court as to whether the accounts of the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple have been audited by the statutory authorities, the learned counsel for the 5[th] respondent -9- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 submitted that it is the responsibility of the Administrative Officer, who is the Treasurer of the said committee. The learned Standing Counsel for Travancore Devaswom Board pointed out that, as per the provisions in the Rules regarding the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board, which was approved by this Court in DBA No.153 of 2009, it is the responsibility of the Secretary of the Temple Advisory Committee to get the accounts audited. The learned counsel for the 5[th] respondent sought adjournment. By the order dated 26.10.2022, Registry was directed to list this DBP on 02.11.2022, along with connected matters. 2. **W.P.(C)No.31813 of 2022:-** This writ petition is one filed by the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Devaswom Commissioner to consider Ext.P3 explanation dated 25.05.2022 submitted by the Temple Advisory Committee and take a -10- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 decision thereon, after affording them an opportunity of hearing. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board to consider Ext.P4 complaint dated 08.04.2022 and order an enquiry through Police, Vigilance, or any other Investigating Agency, to enquire into the allegations made in Ext.P3(a) report of the 4[th] respondent Sub Inspector in the Vigilance Wing of the Travancore Devaswom Board, to ascertain the correctness of the findings in that report, against the Temple Advisory Committee. The further relief sought for is a direction to respondents 1 and 2 that, until a decision is taken on Ext.P3 explanation dated 25.05.2022 and Ext.P4 complaint dated 08.04.2022, no coercive action shall be taken against the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple. 2.1. On 10.10.2022, when this writ petition came up for consideration, the learned counsel for the petitioner was directed to address arguments on the maintainability of the writ petition by the Temple Advisory Committee of Ettumanoor Sree -11- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 Mahadeva Temple. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. On 19.10.2022, after arguing for some time, the learned counsel for the petitioner sought time to place on record the decision taken by the petitioner Temple Advisory Committee, to approach this Court in a writ petition, against the proceedings initiated based on Ext.P3(a) report submitted by the Vigilance Wing of the Travancore Devaswom Board. The learned counsel for the petitioner and also the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions as to whether the accounts of the Temple Advisory Committee for the previous years have already been audited, as per the statutory requirements, and to make available for the perusal of this Court, on the next posting date, a copy of the audited accounts for the last five years. 3. **Report Nos.57, 58, 59, 60, 64, 65, 67, 68, 69, - 70, 71, 72 and 73 in DBA No.2 of 2010:** DBA No.2 of 2010 was registered on account of complaints of various kinds in the management of Ettumanoor Sree Mahadeva Temple. Report -12- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 Nos.65, 67, 69, 70, 71 and 72 in DBA No.2 of 2010 filed by the learned Advocate Commissioner are pending consideration before this Court. 3.1. By the order dated 05.02.2010 in DBA No.2 of 2010 and W.P.(C)No.6889 of 2009, this Court ordered that until the constitution of Temple Advisory Committee (under Section 31A of the Travancore-Cochin Hindu Religious and Charitable Institutions Act, 1950) the Committee under the Chairmanship of Adv. Sri.A.S.P Kurup, who was appointed as the Advocate Commissioner (to oversee Dwaja Punaprathishta, which will be over by May, 2010) can function as the ‘Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, particularly during the festival season which is to commence shortly. By the said order, the Travancore Devaswom Board was directed to treat Dwaja Punaprathishta Committee chaired by Adv. Sri.A.S.P. Kurup as the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, until further orders, who was directed to file interim reports relating to all matters pertaining to the said Temple and the devotees, particularly, the -13- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 facilities that are required to be provided to the devotees. 3.2. In the order dated 29.09.2011 in DBA No.2 of 2010 and W.P.(C)No.6889 of 2009 this Court noticed that, going by the series of orders issued in the matter, ending with the order dated 05.10.2010, the Master Plan Implementation Committee will be involved in the planning and execution of the works. By the order dated 11.04.2012 in DBA No.2 of 2010 and Report No.15, this Court dissolved the 25-member Committee, which was earlier constituted as the Temple Advisory Committee for the Dwaja Punaprathishta. In the order dated 11.04.2012, on the totality of facts and circumstances of the case as of that date, it was ordered that the Temple Advisory Committee for Ettumanoor Sree Mahadeva Temple need only be from those who are members of the Master Plan Implementation Committee. Accordingly, this Court constituted Temple Advisory Committee for Ettumanoor Sree Mahadeva Temple with Adv.Sri. A.S.P.Kurup, the learned Advocate Commissioner as the Chairman and those referred to in paragraph 3 of the said order as its members, and the Administrative Officer of Ettumanoor -14- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 Sree Mahadeva Temple as the Member-Treasurer of the said Committee. As per the said order, the above arrangement will continue to run along with the existence of the Master Plan Implementation Committee, unless otherwise ordered. 3.3. By the order dated 23.07.2018, this Court closed DBA No.2 of 2010 without passing any further orders, including in the reports filed by the learned Advocate Commissioner that are pending for orders, for the reasons stated in paragraph 11 of that order. In paragraph 9 of the said order, this Court observed that it is high time that the Travancore Devaswom Board and the Master Plan Implementation Committee have a joint meeting to decide the future course of action with respect to the implementation of the Master Plan and inform this Court, so that the Court can then take a decision as to whether the present constitution of the Master Plan Implementation Committee and the Temple Advisory Committee requires a modification or otherwise. In the said order, this Court did not deem it necessary to keep DBA No.2 of 2010 pending any longer and closed the same, taking note of the works conducted -15- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 by the Master Plan Implementation Committee under the learned Advocate Commissioner, leaving it open to the Travancore Devaswom Board to have the works properly audited, if it is so required, as per law. The Commissioner, Travancore Devaswom Board was directed to convene a joint meeting of the competent authorities of the Board as also the 18-member Master Plan Implementation Committee headed by Sri.A.S.P.Kurup, as expeditiously as possible, so that appropriate decisions can be taken in the said joint meeting and placed before the Court within a period of six weeks from the date of receipt of a copy of that order. In the said order it was made clear that the decision as to whether a new Temple Advisory Committee requires to be constituted and whether the Master Plan Implementation Committee necessitates a reconstitution will be decided after the report of the joint meeting is placed before this Court, which report will be registered by Registry as a separate DBA appropriately and in due course. Paragraphs 9 to 14 of the order dated 23.07.2018 in DBA No.2 of 2010 read thus; -16- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 “8. Sri.Sasikumar spoke with great regard for the Advocate Commissioner’s work and said that but for the intervention of this Court through Sri.A.S.P.Kurup as the Advocate Commissioner, the affairs of the Temple would have gone spirally out of control in the years 2008 and 2009. According to Sri.Sasikumar, the Master Plan is now being implemented by the “Master Plan Implementation Committee” headed by Sri.A.S.P.Kurup, though he is unable to specifically inform us as to the works that are now left to be complete. In fact, he asked for time to place on record a statement to show the works to be completed under the Master Plan, as also the suggestions that can be made by the Travancore Devaswom Board with respect to the “Master Plan Implementation Committee” as well as the Temple Advisory Committee. 9. Since the view of the Board, as voiced through Sri.Sasikumar, is overwhelmingly that the services of Sri.A.S.P.Kurup be not dispensed with for the moment and that a Committee which can be more or less under the control of this Court be permitted to be in charge of the Master Plan, we are of the view that it is high time that the Board and the “Master Plan Implementation Committee” have a joint meeting to decide the future course of action with respect to the implementation of the Master Plan and inform us appositely, so that we can then take a decision as to whether the present constitution of the “Master Plan Implementation Committee” and the “Temple Advisory Committee” requires a modification or -17- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 otherwise. Since the Master Plan implementation is an ongoing project and since we are told that several items under the Plan have already been implemented, we do not deem it necessary to keep this DBA pending any longer and we propose to close it, taking note of the works conducted by the Master Plan Implementation Committee under the learned Commissioner, leaving it open to the Travancore Devaswom Board to have the works properly audited, if it is so required, as per law. 10. In the result, this DBA is closed without passing any further orders including in the reports of Sri.A.S.P.Kurup that are pending for orders on the files of this case. 11. We choose to do so because we are ordering the Devaswom Board and the “Master Plan Committee” to have a joint meeting in which all the concerns and all the aspects pointed out to this Court, in the various reports, by the learned Advocate Commissioner can be considered and a fresh comprehensive report be presented before this Court, touching upon all the issues that are now germane and necessary, so that this Court will be in a position to deal with them in an appropriate manner. 12. For the afore purpose, we direct the Commissioner of the Travancore Devaswom Board to convene a joint meeting of the competent Authorities of the Travancore Devaswom Board as also the 18 member “Master Plan Implementation Committee”, headed by Sri.A.S.P.Kurup, as expeditiously as possible, so that appropriate decisions can be taken in the said joint meeting and placed before -18- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 us within a period of six weeks from the date of receipt of a copy of this order. 13. Needless to say, the decision as to whether a new “Temple Advisory Committee” requires to be constituted and whether the “Master Plan Committee” necessitates a reconstitution will be decided by us after the report of the joint meeting is placed before us, which report will be registered by the Registry of this court as a separate DBA appropriately and in due course. 14. We also leave it open to the learned Advocate Commissioner - Sri.A.S.P.Kurup to bring to our notice if any orders are required in the various reports in this DBA, if such issues are not resolved in the joint meeting.” 4. Heard Sri.S.Raj Mohan, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board, the learned counsel for the Temple Advisory Committee, the learned counsel for the additional 6[th] respondent and the learned counsel for the additional 7[th] respondent. 5. The learned Standing Counsel for Travancore Devaswom Board, the learned counsel for the additional 6[th] respondent and the learned counsel for the additional 7[th] respondent would contend that the Temple Advisory Committee -19- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 for Ettumanoor Sree Mahadeva Temple has to be constituted under the provisions under Section 31A of the TravancoreCochin Hindu Religious and Charitable Institutions Act, 1950. In view of the statutory mandate of Section 31A of the Act, the 5[th] respondent Temple Advisory Committee cannot be permitted to continue as the Temple Advisory Committee for Ettumanoor Sree Mahadeva Temple. The learned Standing Counsel for the Board and also the learned counsel for additional respondents 6 and 7 in DBP No.17 of 2022 would point out various irregularities in the functioning of the Temple Advisory Committee and that the said Committee, for the last more than 10 years, did not undertake any development activity in Ettumanoor Sree Mahadeva Temple, as per the Master Plan. 6. Per contra, the learned counsel for the Temple Advisory Committee would contend that in view of the orders of this Court in DBA No.2 of 2010, especially Annexure R5(b) order dated 23.07.2018 in DBA No.2 of 2010, the said Committee which is also functioning as the Master Plan Implementation Committee can continue. In the counter -20- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 affidavit filed in DBP No.17 of 2022, the Committee has specifically denied the irregularities alleged against it. On receipt of the show-cause notice dated 23.04.2022 issued by the Devaswom Commissioner (Ext.P2 in W.P.(C)No.31813 of 2022), the Committee submitted Ext.P3 reply dated 25.05.2022, explaining the facts and circumstances. Pointing out that the findings of the Vigilance Wing of the Travancore Devaswom Board in Ext.P3(a) report dated 19.01.2021 are without any basis, the Committee submitted Ext.P4 representation dated 08.04.2022 before the Travancore Devaswom Board, with a request to conduct an enquiry directly by the Board or through any agency in the State Police, with regard to the incident happened in the Temple on 17.01.2021. 7. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 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- -21- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 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. 8. 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. The draft Rules was approved by this Court by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (2) of the said Rules, which 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 -22- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 Department. 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 deals with class of persons who are entitled to get membership. 9. 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. 10. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, -23- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions 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 Rules 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. -24- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 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 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. 11. As per Clause (12) of the Rules, 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 -25- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 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. 12. As already noticed, 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 the same with the approval of the Board. Clause (11) of the Rules provides that, 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 -26- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 two years. 13. 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 among 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 Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Travancore Devaswom Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for collection of funds. He has to print coupons and keep it 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 collection of funds, income -27- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 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 is with the approval of the Committee and with the knowledge of the President and the Secretary. 14. In **Sunil Kumar C. and others v Travancore Devaswom Board and others [2022 (4) KLT 324]** this Court held that the provisions under Clause (9) of the Rules make it explicitly clear that the construction or repair or renovation work that has to be undertaken in a temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. It would certainly be open to the Travancore Devaswom Board to undertake such construction, repair or renovation work in a temple, directly by its Maramath Department. However, when the Board has chosen to undertake such construction or repair or renovation work in a temple through a committee, under the supervision of -28- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 the officials in Maramath Department, it has to be undertaken through the Temple Advisory Committee constituted under Section 31A of the Act, under constant supervision and scrutiny by the concerned officers of the 1[st] respondent Board, in order to ensure that the activities of the committee is in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act contemplates constitution of a Temple Advisory Committee in the temples under the management of the Board, which is assigned with various duties as per the Rules, which includes undertaking various developmental activities in the temple, the normal rule is that any developmental activity in a temple, which is not undertaken directly by the Travancore Devaswom Board through its officials in the Maramath Department, has to be undertaken through the Temple Advisory Committee. In view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down by this Court in **Chandu K. [2021 (3) KHC 379]** , we find that the construction, repair or renovation work that has to be undertaken in a Temple is not outside the -29- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 purview of the Temple Advisory Committees constituted under Section 31A of the Act. 15. Clause (18) of the Rules contains a prohibition to the effect that a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. In view of the prohibitions contained in Clause (11) and Clause (18) of the Rules, a person, who was an office bearer or a member of a Temple Advisory Committee for a period of two years and continued as such for a further period of two years either on his re-election to the Advisory Committee or on account of the extension of term granted by the Devaswom Commissioner for a period of one year and further extension for a period of one year by the Travancore Devaswom Board, on account of any development work or unavoidable rituals in the temple, is not legally entitled to continue either as a member of the Temple Advisory Committee or as its office bearer, after the period of four years from the date of approval of the election granted by the Devaswom Commissioner. -30- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 16. Clause (21) of the Rules, which deals with special powers of the Devaswom Board. A reading of the provisions under Clause (21) of the Rules make it explicitly clear that the said provisions can be invoked only in the case of a temple in which there is any practical difficulty for the formation of a Temple Advisory Committee, in which event, the Travancore Devaswom Board is vested with the power to approve any other committee functioning in that temple, considering the special circumstances prevailing in that temple. The provisions under Clause (21) would not enable the Travancore Devaswom Board or the Commissioner to approve an Ad-hoc Committee, in the place of a Temple Advisory Committee, for the purpose of undertaking construction or repair or renovation work in a temple. 17. As held by this Court in **Chandu K. [2021 (3) KHC 379]** the power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee shall not be exercised as a matter of course. The Devaswom Commissioner or the Board, as the case may be, shall call for a -31- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 report regarding the developmental works going on in the temple concerned or the unavoidable rituals to be carried out in the temple and apply its mind to the materials and take a decision as to whether extension of term has to be given or not. 18. In the complaint dated 14.05.2022, based on which DBP No.17 of 2022 is registered, it is alleged that the Temple Advisory Committee or the Master Plan Implementation Committee did not undertake any development activity in Ettumanoor Sree Mahadeva Temple for the last 10 years. The only development activities in Ettumanoor Sree Mahadeva Temple during the said period are the construction of Nadapanthal on the southern and northern sides of the Temple and the construction of the Toilet complex, which were undertaken with the funds provided by the Travancore Devaswom Board. In the counter affidavit filed by the additional 6[th] respondent, it is alleged that though several projects were included in the Master Plan, none of those projects could be implemented by the 5[th] respondent Temple Advisory Committee. Even the minutes of the Committee are not being -32- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 filed before the concerned Assistant Devaswom Commissioner, within the specified time limit. 19. In the counter affidavit filed in DBP No.17 of 2022, the 5[th] respondent Temple Advisory Committee has absolutely no case that said Committee, which is also the Master Plan Implementation Committee, had undertaken any development activity in Ettumanoor Sree Mahadeva Temple for the last 10 years. Instead, it is stated in paragraph 11 of the counter affidavit that the Temple Advisory Committee had conducted several activities in connection with the temple rites and rituals, following the system of temple worship particular to Lord Ettumanoorappan. A statement containing those activities is placed on record as Annexure R5(d). In the counter affidavit, it is stated that the devotees at large were spiritually benefitted and they actively co-operated in the activities of the Temple Advisory Committee, which was essential to ensure the active participation of devotees in the Temple affairs. The same was reflected in the decision of the joint meeting of the Board authorities and the Master Plan Implementation Committee on -33- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 29.02.2020, which was conducted pursuant to Annexure R5(b) order dated 23.07.2018 in DBA No.2 of 2010. 20. The learned counsel for the 5[th] respondent Temple Advisory Committee in DBP No.17 of 2022 would contend that, pursuant to the direction contained in Annexure R2(b) order dated 23.07.2018 in DBA No.2 of 2010, a joint meeting of the competent authorities of the Travancore Devaswom Board and the Master Plan Implementation Committee was convened on 29.02.2020, in which it was decided to continue the arrangement of Master Plan Implementation Committee and Temple Advisory Committee functioning together in the Temple as per the initial arrangement. It was decided that no new Temple Advisory Committee is required to be constituted in the above Temple. Accordingly, as per the above decision, the 5[th] respondent Temple Advisory Committee is continuing in Ettumanoor Sree Mahadeva Temple, as initially formed by this Court in its unique nature. 21. As already noticed, in paragraph 9 of Annexure R2(b) order dated 23.07.2018 in DBA No.2 of 2010, this Court -34- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 observed that it is high time that the Travancore Devaswom Board and the Master Plan Implementation Committee have a joint meeting to decide the future course of action with respect to the implementation of the Master Plan and inform this Court, so that the Court can then take a decision as to whether the present constitution of the Master Plan Implementation Committee and the Temple Advisory Committee requires a modification or otherwise. The Commissioner, Travancore Devaswom Board was directed to convene a joint meeting in terms of the directions contained in that order. In paragraph 12 of the said order, it was made clear that the decision as to whether a new Temple Advisory Committee requires to be constituted and whether the Master Plan Implementation Committee necessitates a reconstitution will be decided after the report of the joint meeting is placed before this Court, which report will be registered by Registry as a separate DBA appropriately and in due course. In the absence of any orders passed by this Court, in terms of the direction contained in paragraph 12 of Annexure R2(b) order dated 23.07.2018, the -35- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 5[th] respondent in DBP No.17 of 2022 cannot continue as ‘the Temple Advisory Committee’ of Ettumanoor Sree Mahadeva Temple or as the Master Plan Implementation Committee. 22. The averments in the counter affidavit filed by the 5[th] respondent would make it explicitly clear that the Temple Advisory Committee, which is also the Master Plan Implementation Committee, did not undertake any development activity in Ettumanoor Sree Mahadeva Temple for the last 10 years. Most of the activities in connection with the temple rites, rituals and festivals, referred to in Annexure R5(d) statement, were undertaken by the learned Advocate Commissioner based on various orders issued by this Court in DBA No.2 of 2010. Most of such activities fall within the purview of the Temple Advisory Committees constituted under Section 31A of the Act of the Temple Advisory Committee. 23. The 5[th] respondent Committee in DBP No.17 of 2022, which did not undertake any development activity in Ettumanoor Sree Mahadeva Temple for the last 10 years, cannot continue as ‘the Temple Advisory Committee’ of -36- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ## Ettumanoor Sree Mahadeva Temple or as the Master Plan Implementation Committee. The said Committees will stand dissolved in terms of this order/judgment, which shall submit audited accounts, if not already submitted, before the concerned authority in the Travancore Devaswom Board, on or before 20.12.2022, who shall forward the same to the Finance and Audit Officer. The audit of the entire accounts of the said Committees shall be completed, as expeditiously as possible, at any rate, within a further period of two months, with notice to the members of the said Committees. 24. The additional 9[th] respondent Assistant Devaswom Commissioner, Vaikom Group and the 4[th] Administrative Officer shall take necessary steps to convene a meeting of the ‘registered mandalam’, in terms of the procedure contemplated in the Rules framed under Section 35(2)(a) of the Travancore- Cochin Hindu Religious Institutions Act, for electing new members of the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, under Section 31A of the said Act. Steps in this regard shall be completed, as expeditiously as -37- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 possible, at any rate, within two months from the date of receipt of a certified copy of this order/judgment. 25. The learned Ombudsman is directed to conduct an enquiry with notice to the concerned Devaswom officials, the members of the 5[th] respondent Temple Advisory Committee and also additional respondents 6 and 7 in DBP No.17 of 2022, on the present status of various projects/works under the Master Plan for Ettumanoor Sree Mahadeva Temple and submit a report before this Court, on or before 14.03.2022. The question as to whether a Master Plan Implementation Committee, in addition to the Temple Advisory Committee, has to be constituted for Ettumanoor Sree Mahadeva Temple, is left open to be decided after the submission of the report by the learned Ombudsman. 26. The learned Ombudsman is directed to conduct another enquiry with notice to the concerned Devaswom officials, the members of the 5[th] respondent Temple Advisory Committee and also additional respondents 6 and 7 in DBP No.17 of 2022, on the allegations contained in the complaint dated 14.05.2022 of a devotee of Lord Ettumanoorappan (other -38- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 than those connected with Report No.162/2021/TDB/SI/VKM/ VIG dated 19.01.2021 and CTNo.136/21/TDB/VIG dated 31.08.2021 of the Superintendent of Police and Chief Vigilance Officer) and submit a report before this Court, on or before 14.03.2022. 27. In W.P.(C)No.31813 of 2022, which is one filed by the Temple Advisory Committee of Ettumanoor Sree Mahadeva Temple, the learned counsel for the petitioner would submit that the 2[nd] respondent Devaswom Commissioner may be directed to consider Ext.P3 explanation dated 25.05.2022 made by the petitioner Committee to Ext.P2 show-cause notice dated 23.04.2022 issued to the Secretary of the Committee. 28. The learned Standing Counsel for the Travancore Devaswom Board would submit that the 2[nd] respondent Devaswom Commissioner shall consider Ext.P3 explanation made to Ext.P2 show-cause, within a time limit to be fixed by this Court. 29. Considering the fact that the Ext.P3 explanation dated 25.05.2022 made to Ext.P2 show-cause notice dated -39- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 23.04.2022 is pending consideration before the 2[nd] respondent Devaswom Commissioner, the said respondent is directed to take an appropriate decision on Ext.P3 explanation made to Ext.P2 show-cause notice, after affording the Secretary of the Committee and opportunity of being heard, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this order/judgment. Further reliefs sought for in W.P.(C)No.31813 of 2022 are left open. 30. DBP No.17 of 2022 and W.P.(C)No.31813 of 2022 are disposed of with the directions contained at paragraphs 23 to 26 and 29. 31. In DBA No.2 of 2010, based on the reports filed by the learned Advocate Commissioner, this Court has passed various orders on the conduct of Temple festivals and auctioning of kuthaka rights during festival seasons, for providing facilities to the devotees, for protecting the assets of the Devaswom, etc. Report Nos.57, 58, 59, 60, 64, 65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 filed by the learned Advocate Commissioner are pending consideration before this Court. -40- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 Registry to register a DBP, _suo motu_ , based on this order, with State of Kerala, Rep. by Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram-695 001; Travancore Devaswom Board, Rep. by its Secretary, Nanthancode, Kowdiar Post, Thiruvananthapuram-695 003; Deputy Devaswom Commissioner, Travancore Devaswom Board, Vaikom, Kottayam-686 141; Assistant Devaswom Commissioner, Travancore Devaswom Board, Vaikom Group, Kottayam-686 141; Administrative Officer, Ettumanoor Sree Mahadeva Temple, Ettumanoor, Kottayam-686 631; Ettumanoor Municipality, represented by its Secretary, 1[st] Floor, Shopping Complex, Private Bus Stand Road, Ettumanoor, Kerala-686 631 and Sri.Ranjith A., Pulimoottil House, Ettumanoor P.O., Kottayam686 631 in the party array, with the entire pleadings in Report Nos.57, 58, 59, 60, 64, 65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010, after retaining a certified copy of the same in the judges’ papers in DBA No.2 of 2010. Copy of the orders already passed on the above reports shall also be incorporated -41- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 in the newly registered DBP. 32. Further orders in the matter relating to Ettumanoor Sree Mahadeva Temple, including the implementation of the Master Plan, shall be considered in the newly registered DBP. Registry to show the name of the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board, the learned Advocate Commissioner, the learned Amicus Curiae for the learned Ombudsman and the learned counsel for the alleged encroacher in Report No.72 in DBA No.2 of 2010 in the cause list. Registry to issue a copy of the DBP with cause title to the respective counsel. List the newly registered DBP before the Devaswom Bench **on 12.12.2022** . Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** ## AV/14/11 The words “Assistant Devaswom Commissioner, Vaikom Group” in paragraph 24 (lines 1 and 2) occurring in the order order/judgment of this Court dated 09.11.2022 in DBP 17/2022 -42- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 is _suo motu_ corrected as “Assistant Devaswom Commissioner, Ettumanoor Group” and the words “Assistant Devaswom Commissioner, Travancore Devaswom Board, Vaikom Group, Kottayam – 686 141” in paragraph 31 (lines 16 to 18 at page No.40) occurring in the same order/judgment is _suo motu_ corrected as “Assistant Devaswom Commissioner, Travancore Devaswom Board, Ettumanoor Group, Ettumanoor, Kottayam – 686 631”, as per order dated 09/12/2022 in DBP 17/2022. Sd/- **JOINT REGISTRAR** -43- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ## **`APPENDIX OF DBP 17/2022`** ``` RESPONDENT ANNEXURES ``` - **`ANNEXURE R5(B) TRUE COPY OF ORDER DATED 23.07.2018 IN DBA NO.2/2010 THUS PASSED BY THIS HONOURABLE COURT`** - **`ANNEXURE R5(C) TRUE COPY OF QUESTIONS AND ANSWERS GIVEN AND OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005 BY ONE SRI. R. ASHOK, ONE OF THE MEMBERS OF THE TEMPLE ADVISORY COMMITTEE`** - **`ANNEXURE R5(D) TRUE COPY OF STATEMENT DATED NIL PREPARED BY THE 5TH RESPONDENT.`** - **`ANNEXURE R5(F) TRUE COPY OF SHOW CAUSE NOTICE BEARING ROC NO.4860/22/VIG DATED 23.04.2022 OF THE DEVASWOM COMMISSIONER`** - **`ANNEXURE R5(G) TRUE COPY OF REPLY TO EXT.R5(F) SHOW CAUSE NOTICE DATED 25.05.2022 SUBMITTED BY THE 5TH RESPONDENT.`** - **`ANNEXURE R5(H) TRUE COPY OF BOOKLET PUBLISHED IN CONNECTION WITH ANNUAL FESTIVAL, 2021 IN SREE ETTUMANOOR MAHADEVA TEMPLE, ETTUMANOOR.`** - **`ANNEXURE R5(J) TRUE COPY OF RULING REPORTED AS VIJAYAN V. COCHIN DEVASWOM BOARD (2004 KHC 1186)`** ``` ANNEXURE R5(A) TRUE COPY OF ORDER DATED 01.12.2011 PASSED BY THIS HONOURABLE COURT IN WP(C). NO.6889/2009. ``` -44- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ``` ANNEXURE R5(E) TRUE COPY OF REPLY / COMPLAINT DATED 08.04.2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE DEVASWOM COMMISSIONER ``` - **`ANNEXURE R5(I)`** ``` TRUE COPY OF BYE-LAWS/RULES DATED 30.11.2011 OF THE TEMPLE ADVISORY COMMITTEES IN THE DEVASWOMS IN THE TRAVANCORE DEVASWOM BOARD ``` - **`ANNEXURE R5(J) TRUE COPY OF THE RULING REPORTED AS VIJAYAN V. COCHIN DEVASWOM BAORD (2004 KHC 1186)`** - **`ANNEXURE R6(A) TRUE COPY OF THE APPLICATION SUBMITTED BY ONE NITHIN CHANDRAN UNDER RIGHT TO INFORMATION ACT DATED 22.02.2017`** - **`ANNEXURE R6(B) TRUE COPY OF THE REPLY GIVEN BY THE TRAVANCORE DEVASWOM BOARD DATED 24.03.2017`** - **`ANNEXURE R6(C) TRUE COPY OF THE APPLICATION SUBMITTED BY ONE RAJA GOPAL K UNDER RIGHT TO INFORMATION ACT DATED 04.05.2022`** - **`ANNEXURE R6(D) TRUE COPY OF THE REPLY GIVEN BY THE TRAVANCORE DEVASWOM BOARD DATED 03.06.2022`** -45- DBP No.17 of 2022, W.P.(C)No.31813 of 2022 & Reports Nos.57, 58, 59, 60, 64,65, 67, 68, 69, 70, 71, 72 and 73 in DBA No.2 of 2010 ## **`APPENDIX OF WP(C) 31813/2022`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1 ``` ``` TRUE COPY OF THE ORDER DATED 23.7.2018 IN DBA. NO. 2/2010 OF THIS HONOURABLE COURT ``` ``` Exhibit P2 TRUE COPY OF THE NOTICE SENT BY THE DEVASWOM COMMISSIONER TO THE PETITIONER DATED 23.4.2022 ``` ``` Exhibit P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE DEVASWOM COMMISSIONER DATED 25.5.2022 ``` ``` Exhibit P3 A TRUE COPY OF THE VIGILANCE REPORT OF THE 4TH RESPONDENT DATED 19.1.2021 ``` ``` Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8.4.2022 TO THE BOARD REQUESTING TO CONDUCT AN ENQUIRY ``` ``` Exhibit P5 TRUE COPY OF THE MINUTES RECORDED ON 09/04/2022 ``` ``` Exhibit P6 TRUE COPY OF THE MINUTES RECORDED ON 13/09/2022 ```