High Court of KeralaDivision BenchDisposed of with directions as stated above.

DBP No.41 of 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – COMPLAINT ALLEGING MISMANAGEMENT AT SHANGHUMUGHAM DEVI TEMPLE – INITIATION OF SUO MOTU PROCEEDINGS – REGARDING

Case / Petition Number:DBP No.41 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • G. Girish
Judgment Date
2023-11-28
Court Decision / Holding
With the above directions, this DBP is disposed of. The 4th respondent (Assistant Devaswom Commissioner) shall convene a meeting of the registered mandalam to elect the Temple Advisory Committee within three weeks, and the 5th respondent (Sub Group Officer) and Vigilance Wing shall ensure prompt rituals and conduct surprise inspections. If timings or details are not exhibited, the 5th respondent must display them within two weeks. The Vigilance Wing shall report to the Devaswom Commissioner on any misconduct and ensure compliance. If petitioners or other devotees have grievances regarding rituals, they may file proper complaints before the Ombudsman.
Final Disposition
Disposed of with directions as stated above.

Parties to the Case

Appellants / Petitioners

  • K. Shibukumar
  • Pooja Panicker

Respondents

  • State of Kerala represented by the Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram
  • Travancore Devaswom Board, represented by its Secretary, Nanthancode, Kowdiar Post, Thiruvananthapuram
  • Devaswom Commissioner, Travancore Devaswom Board, Devasmwom Buildings, Nanthancode, Thiruvananthapuram
  • The Deputy Devaswom Commissioner, Travancore Devaswom Board, Thiruvananthapuram Group, Fort P.O., Thiruvananthapuram
  • The Assistant Devaswom Commissioner, Thiruvananthapuram Group, Fort P.O., Thiruvananthapuram
  • The Sub Group Officer, Shanghumugh am Devaswom, Thiruvananthapuram Group, Thiruvananthapuram
  • Additional 7th Respondent Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board, Devasmwom Buildings, Nanthancode, Thiruvananthapuram
  • Travancore Devaswom Board (as represented by its Secretary)

Legal Representation & Advocates

Counsels for Respondents

  • • Sri G. BijU - Standing Counsel - Travancore Devaswom Board
  • • Sri S. Rajmohan - Sr. Government Pleader
  • • Sri P. Ramachandran - Amicus Curiae for Ombudsman

Case Synopsis & Summary

DBP No.41 of 2023 is a Kerala High Court suo motu petition arising from a 17 April 2023 complaint alleging mismanagement at Shanghumugham Devi Temple, Thiruvananthapuram under the Travancore Devaswom Board. The petition was registered suo motu on 9 June 2023 (HCKL/4228/2023-DI-4) and later admitted on 28 November 2023. The 2nd respondent Devaswom Commissioner filed a counter affidavit (30 October 2023) with annexures, recounting prior complaints and an investigation by the Vigilance Wing. It asserts that past inquiries did not find basis for the allegations and cites temple management decisions since 2015, including Navarathri Trust involvement and changes in festival practices; it also notes directives issued to ensure proper conduct by office bearers and staff. The court discusses the Travancore-Cochin Hindu Religious Institutions Act, 1950 (Sections 3, 15A, 31, 31A) and the bye-laws governing Temple Advisory Committees, quoting precedents such as Santharam Roy T.S., Chandu K., Sunil Kumar C., Major Vellayani Devi Temple Advisory Committee, Rajalekshmi P., and Satheesh. Ultimately, the court disposes of the DBP with directions: convene a meeting of the registered mandalam within three weeks to elect a Temple Advisory Committee, supervise rituals, permit vigilance inspections, post temple timings, and channel grievances through the Ombudsman.

Provisions of Law Cited

Travancore-Cochin Hindu Religious Institutions Act, 1950Section 3Section 15ASection 31Section 31ASub-section (3) of Section 31AClause (2) of the Rules framed under Section 31AClause (3) of the Rules framed under Section 31AClause (5) of the RulesClause (9) of the RulesClause (12) of the RulesClause (18) of the Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners’ case centres on alleged mismanagement at Shanghumugham Devi Temple and a failure by the Travancore Devaswom Board to ensure proper rituals and administration as per statutory duties and the bye‑laws. They argue that vigilant action and past inquiries have not resulted in adequate remedy; they seek formation of a Temple Advisory Committee under Section 31A, enforcement of rules to ensure prompt rites, transparency in donations, and proper supervision of office-bearers and staff to safeguard devotees’ right to worship. They urge timely convening of the mandalam and accountability measures as a remedy for deferred compliance and ongoing ritual irregularities.

Contentions of Respondents

The Board contends that investigation by the Vigilance Wing and subsequent directives have already addressed the concerns. It points to Annexure R2(e) (21.09.2023) indicating that daily rituals and festivals are presently conducted properly, with no remaining grounds for complaint. It emphasizes statutory duties under the Act and Rules, asserts that no temple advisory committee existed at Shanghumugham, and argues for completion of formal steps to convene the temple advisory body under Section 31A. It also maintains the complainants may approach the Ombudsman for grievances, and that ongoing monitoring and compliance measures are in place.

Cited Precedents (6)

Case NameCitationTreatmentExplanation
Santharam Roy T.S. v. Travancore Devaswom Board2022 (2) KHC 595PositiveUsed to interpret the membership eligibility (Clause 3) for Temple Advisory Committees under Section 31A of the Act.
Chandu K. v. Travancore Devaswom Board2021 (3) KHC 379PositiveCited to support that formation of Temple Advisory Committees is statutory and governed by rules approved by the Court.
Sunil Kumar C. and others v. Travancore Devaswom Board and others2022 (4) KHC 663PositiveRecognized safeguards under Clause (18) of the Rules preventing illegal fund collection.
Major Vellayani Devi Temple Advisory Committee v. State of Kerala2023 (2) KHC 290PositiveHeld the Board’s duty to ensure rites and facilities and to support the Temple Advisory Committee for smooth functioning.
Rajalekshmi P. v. State of Kerala2023 (3) KHC 491PositiveReiterated the doctrine laid down in Major Vellayani regarding Temple Advisory Committee duties.
Satheesh v. Travancore Devaswom Board2022 (1) KLT 940PositiveStated that the name of the deity cannot be used by committees or trusts in temple activities.

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1 DBP No.41 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, ``` ``` 1945 ``` ## **`DBP NO.41 OF 2023`** ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – COMPLAINT ``` ``` ALLEGING MISMANAGEMENT AT SHANGHUMUGHAM DEVI TEMPLE – INITIATION OF SUO MOTU PROCEEDINGS – REGARDING ``` ## **`PETITIONERS:`** ## **`*SUO MOTU`** ``` *CORRECTED AS: ``` - **`*1 K.SHIBUKUMAR, KRISHNAPURATH, T.C.33/120(1), KANNANTHURA, BEACH P.O., THIRUVANANTHAPURAM – 7`** - **`*2 POOJA PANICKER, KRISHNAPURATH, T.C.33/120(1), KANNANTHURA, BEACH P.O., THIRUVANANTHAPURAM - 7 MOBILE NO.7736634210`** ``` *(NAME OF THE COMPLAINANTS IN THE COMPLAINT DATED 17/04/2023 SHOWN AS PETITIONERS IN DBP.NO.41/2023 AS PER ORDER DATED 30/10/2023) ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.`** 2 DBP No.41 of 2023 - **`2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695 003`** - **`3 THE DEPUTY DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM GROUP, FORT P.O., THIRUVANANTHAPURAM -695 023`** - **`4 THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM GROUP, FORT P.O., THIRUVANANTHAPURAM- 695 023`** - **`5 THE SUB GROUP OFFICER, SHANGHUMUGHAM DEVASWOM, THIRUVANANTHAPURAM GROUP, THIRUVANANTHAPURAM- 695 007`** - **`*6 *ADDITIONAL 6[TH] RESPONDENT IS SUO MOTU IMPLEADED VIDE ORDER DATED 30.06.2023 IN DBP No.41 OF 2023`** ``` *TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPUARAM - 695003 ``` - **`*ADDL.R7 *CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE), TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695 003`** ``` *(IS SUO MOTU IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT VIDE ORDER ATED 28.11.2023 IN DBP) ``` ``` SRI G.BIJU- STANDING COUNSEL- TDB SRI S.RAJMOHAN- SR. GOVERNMENT PLEADER SRI P.RAMACHANDRAN- AMICUS CURIAE FOR OMBUDSMAN ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.41 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ vide proceedings No. HCKL/4228/2023-DI-4 dated 09.06.2023 based on the complaint dated 17.04.2023 made by the complainants alleging mismanagement in the affairs of Shanghumugham Devi Temple, which is a temple under the management of the additional 6[th] respondent Travancore Devaswom Board. 2. On 14.06.2023, when this DBP came up for consideration, Registry was directed to serve a copy of the same to the learned Amicus Curiae for the learned Ombudsman. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. 3. The 2[nd] respondent Devaswom Commissioner has filed a counter affidavit dated 30.10.2023 in this DBP, producing therewith Annexures R2(a) to R2(e) documents. Paragraphs 4 to 9 and also the last paragraph of the affidavit read thus; “4. It is submitted that earlier the 2[nd] complainant herein has filed Complaint No.174 of 2020 before the learned Ombudsman for Travancore and Cochin Devaswom Boards alleging the very same complaints in the present complaint and the same was closed finding that there is no basis for 4 DBP No.41 of 2023 ## the allegations. 5. It is submitted that Shankumugham Devi temple is one of the famous Devi temples in Thiruvananthapuram Group under the administrative control of the Travancore Devaswom Board. In the year 2015, a trust named Navarathri Trust submitted an application requesting permission to conduct poojas during the navratri festivals in Shanghumugham Devi Temple. The Assistant Devaswom Commissioner, Thiruvananthapuram rejected the request of the trust to conduct the festivals by the said trust during Navratri. A copy of the order of the Assistant Devaswom Commissioner, Thiruvananthapuram is produced herewith and marked as Annexure R2(a). Shibu Kumar is one of the members of the above trust. The trust has a website, navarathritrust.com which is live and Shibukumar is named as a member of the trust in its website. The address of the Navarathi trust and address of the petitioners are same as seen in the website. The reason for making baseless complaints against the temple and its management is only because of his wrath and displeasure against the Board in rejecting his request for conducting festival in the temple. 6. It is humbly submitted that an enquiry was conducted by the Vigilance Wing on the basis of the complaint from Shibu Kumar regarding the allegations raised in the complaint and a detailed report was submitted by the Superintendent of Police (Vigilance and Security), Travancore Devaswom Board. A copy of the report of the Superintendent of Police (Vigilance and Security), Travancore Devaswom Board is produced herewith and marked as Annexure R2(b). The 5 DBP No.41 of 2023 Superintendent of Police (Vigilance and Security) as per Annexure R2(b) report recommended that appropriate action is to be taken through the Sub Group Officer concerned to ensure that the office bearers of Temple Advisory Committee and employees are behaving in good manner with the devotees. 7. It is submitted that several allegations are made in the complaint regarding the rituals of the temple. It is submitted that Naveekarana kalasam and Punaprathishta were conducted in Shankumugham Temple from 12.04.2019 to 22.04.2019 under the auspicious control of Brahmasree Parameswaran Vasudevan Bhattathiripad. After that, the 3 times pooja was changed to 5 times and the Navratri festival which was conducted in 3 days was changed to 9 days festival. The Thiru utsavam conducted as Karthika arattu in the month of meenam was changed as Karthika arattu in the month of Vrichikam. Subsequently, the Board decided to restore the thiru utsavam conducted as Karthika arattu in the month of meenam. A copy of the Board order restoring the Karthika arattu in Shanghumugham temple to the month of meenam is produced herewith and marked as Annexure R2(c). 8. It is submitted that in tune with Annexure R2(b) report submitted by the Vigilance Wing. Devaswom commissioner has given direction to the Assistant Devaswom Commissioner, Thiruvananthapuram vide letter dated 10.04.2023 to give urgent direction to the Sub Group Officer concerned to ensure that office bearers of Temple Advisory Committee and employees are behaving in good manner 6 DBP No.41 of 2023 towards the devotees. A copy of the letter dated 10.04.2023 issued by the Devaswom Commissioner to the Assistant Devaswom Commissioner, Thiruvananthapuram is produced herewith and marked as Annexure R2(d). 9. it is submitted that, at present the daily rituals and festivals are conducted properly without any room of complaint. Report of the Sub Group Officer submitted to the Assistant Devaswom Commissioner, Thiruvananthapuram is produced herewith and marked as Annexure R2(e).” 4. By the order dated 30.10.2023, Registry was directed to issue notice to the complainants by speed post, returnable within four weeks, enclosing therewith a copy of the affidavit filed by the 2[nd] respondent. 5. Today, when this matter is taken up for consideration, the complainants, who are husband and wife, are personally present in Court. 6. Heard the arguments of the complainants, the learned Senior Government Pleader for the 1[st] respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6 and also for the additional 7[th] respondent. 7. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and 7 DBP No.41 of 2023 unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 8. 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. 9. 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. 10. Section 31A of the Act deals with the formation of the 8 DBP No.41 of 2023 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 subsection (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 subsection (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. 11. 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 9 DBP No.41 of 2023 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. 12. Clause (3) of the Rules deals with membership. 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 deal with class of persons who are entitled to get membership. ## 13. 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 10 DBP No.41 of 2023 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, as provided under Clause (5) of the Rules. ## 14. 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 11 DBP No.41 of 2023 office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable 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 12 DBP No.41 of 2023 a decision as to whether the extension of the term has to be given or not. 15. 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 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 13 DBP No.41 of 2023 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. 16. 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 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. 17. 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 14 DBP No.41 of 2023 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. 18. 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. 19. 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 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 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 15 DBP No.41 of 2023 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 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. 20. The law laid down in **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** was reiterated in **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** . 21. In view of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, the Travancore Devaswom Board and its officials have to ensure that the customary practices and rituals in Shanghumugham Devi Temple are performed promptly, and that proper facilities are provided in that temple to the devotees for exercising the right to worship. Similarly, the Temple Advisory 16 DBP No.41 of 2023 Committee of Shanghumugham Devi Temple, which consists of devotees who are persons interested in the affairs of the temple, has to render necessary assistance to the Board and its officials ensure that the rituals and customary practices in the temple are performed promptly and that proper facilities are provided in that temple to the devotees for exercising their right to worship. 22. In the counter affidavit filed by the 2[nd] respondent, the activities of a trust by name, Navarathri Trust, in which the 1[st] complainant is a member is pointed out. The said Trust is also maintaining a website ‘www.navarathritrust.com’ in which the address of the 1[st] complainant is also shown. 23. On a query made by this Court, the 1[st] complainant would submit that he is a member of that Trust, however, no activities of the trust are conducted within the temple premises, except giving an endowment by name ‘Shanghumugham Devi Puraskaram’ to prominent artist. The trust also gives financial assistance to the patients. The trust is not collecting any money from the devotees, for rendering such services to patients. 24. In view of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred 17 DBP No.41 of 2023 to supra, other than a Temple Advisory Committee constituted under Section 31A of the Act, no other committee, samithi, trust or association of devotees can have any activity in the temple or in the name of the temple and deity, in connection with the rituals, customary practices, festivals and other ceremonies in that temple or anything connected with the right of worship of a devotee. No such committee, samithi, trust or association of devotees can collect money from the devotees or public, using the name of the temple or the deity. Any collection of money from the devotees can only be made by the Travancore Devaswom Board or the Temple Advisory Committee, against sealed receipts or coupons issued by the concerned Assistant Devaswom Commissioner. In view of the law laid down by this Court in **Satheesh v. Travancore Devaswom Board [2022 (1) KLT 940]** , the name of the deity cannot be used by any such committee, samithi, trust or association of devotees, in connection with its activities. 25. A reading of the complaint made by the complainants would show that their grievance is mainly regarding the failure on the part of the Board and its officials in ensuring proper performance of the rituals and customary practices in 18 DBP No.41 of 2023 Shanghumugham Devi Temple. The Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board has submitted Annexure R2(b) report dated 23.02.2023 before the additional 7[th] respondent Chief Vigilance and Security Officer (Superintendent of Police), in which it is recommended that appropriate action has to be taken through the 5[th] respondent Sub Group Officer, Shanghumugham Devaswom to ensure that the office bearers of the Temple Advisory Committee and the temple employees are behaving properly to the devotees. Paragraph 7 of the counter affidavit filed by the 2[nd] respondent Devaswom Commissioner deals with various allegations made in the complaint regarding non-performance of rituals and customary practices in the temple. In paragraph 8 of that counter affidavit, it is stated that, in view of Annexure R2(b) report dated 23.02.2023 of the Chief Vigilance and Security Officer, the 2[nd] respondent Devaswom Commissioner issued necessary directions to the 4[th] respondent Assistant Commissioner. The said respondent vide Annexure R2(d) letter dated 10.04.2023, directed the 5[th] respondent Sub Group Officer to ensure that the office bearers of the Temple Advisory Committee and the employees of the temple are behaving 19 DBP No.41 of 2023 properly towards the devotees. 26. During the course of arguments, the submissions made by the complainants is that despite the directions contained in Annexure R2(d) letter, the officials of the Travancore Devaswom Board are not taking earnest efforts to ensure that the rituals and customary practices in Shanghumugham Devi Temple are performed promptly. On the other hand, the learned Standing Counsel for Travancore Devaswom Board, after placing reliance on Annexure.R2(e) report dated 21.09.2023 of the 5[th] respondent Sub Group Officer, would submit that at present the daily rituals and customary practices in Shanghumugham Devi Temple are performed properly, without giving room for any complaint from the devotees. 27. We do not propose to deal with the rival contentions on the above aspect, since any failure on the part of the Travancore Devaswom Board and its officials in the discharge of their statutory duties under Section 15A and 31 of the Act can certainly be pointed out to the Devaswom Commissioner, by a devotee, for taking necessary action. From the submissions made by the complainants, we notice that there is no Temple Advisory 20 DBP No.41 of 2023 Committee in Shanghumugham Devi Temple. It is for the 4[th] respondent Assistant Devaswom Commissioner to take necessary steps to convene a meeting of the registered mandalam of the devotees, after complying with the requirements of the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Act, for electing the office bearers of the Temple Advisory Committee of Shanghumugham Devi Temple. The 4[th] respondent Assistant Commissioner shall commence proceedings in this regard, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this order, if not already commenced. 28. The 4[th] respondent Assistant Commissioner and the 5[th] respondent Sub Group Officer shall take necessary steps to ensure that the rituals and customary practices in Shanghumugham Devi Temple are performed promptly without giving room for any complaint whatsoever from the devotees. The Vigilance Wing of the Travancore Devaswom Board, headed by the additional 7[th] respondent Chief Vigilance and Security Officer shall conduct surprise inspections in the Shanghumugham Devi Temple and any default on the part of the officials of the Board and the temple 21 DBP No.41 of 2023 employees and also any misconduct from the side of the office bearers of the Temple Advisory Committee, adversely affecting the right of worship of the devotees shall be brought to the notice of the 2[nd] respondent Devaswom Commissioner for necessary action. In case the temple timings and other details are not exhibited in the premises of Shanghumugham Devi Temple, the 5[th] respondent Sub Group Officer shall take necessary steps to exhibit such details in the temple premises, within a period of two weeks from the date of receipt of a certified copy of this judgment. In case the petitioners herein or any other devotees are having any grievance regarding the conduct of rituals, customary practices, festivals, etc., in Shanghumugham Devi Temple, it is for them to submit proper complaints before the learned Ombudsman. With the above directions, this DBP is disposed of. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** **G. GIRISH, JUDGE** MIN 22 DBP No.41 of 2023 ## **`APPENDIX OF DBP 41/2023`** ## **`RESPONDENT ANNEXURES`** ``` ANNEXURE-R2(A) TRUE COPY OF THE ORDER NO.894 DATED 22.04.2015 OF THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM ``` ``` ANNEXURE-R2(B) TRUE COPY OF THE REPORT NO.PTN 06/22/TDB/VIG DATED 23.02.2023 OF THE SUPERINTENDENT OF POLICE (VIGILANCE AND SECURITY), TRAVANCORE DEVASWOM BOARD ``` - **`ANNEXURE-R2(C) TRUE COPY OF THE ORDER VIDE R.O.C. NO.11554/19/N.S. DATED 16.10.2020 OF THE SECRETARY, TRAVANCORE DEVASWOM BOARD`** - **`ANNEXURE-R2(D) TRUE COPY OF THE LETTER VIDE R.O.C. 5235/23/V.G. DATED 10.04.2023 ISSUED BY THE DVASWOM COMMISSIONER TO THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM`** ``` ANNEXURE-R2(E) TRUE COPY OF THE REPORT NO.84 DATED 21.09.2023 OF THE HIGHER GRAD SUB GROUP OFFICER, SHANGHUMUGHAM DEVASWOM SUBMITTED TO THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM ```