DBP No.7 of 2022 (In the matter of Travancore Devaswom Board - TDB)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` TUESDAY, THE 28[TH] DAY OF JUNE 2022 / 7TH ASHADHA, 1944 ``` ``` DBP NO.7OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB ``` ``` PROCEEDINGS INITIATED - REG. ``` ``` ------------ ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM 695003`** - **`2 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVALLA, PATHANAMTHITTA 689101`** - **`3 THE SUB GROUP OFFICER, THELLIYYORKKAVU DEVI TEMPLE, THELLIYYOR, VENNIKULAM, KERALA 689545`** - **`4 [*THE TEMPLE ADVISORY COMMITTEE] THE AD-HOC COMMITTEE, THELLIYYORKKAVU DEVI TEMPLE, THELLIYYOR, VENNIKULAM,, KERALA 689545, REPRESENTED BY ITS SECRETARY [*SUO MOTU CORRECTED AS THE AD-HOC COMMITTEE INSTEAD OF THE TEMPLE ADVISOTY COMMITTEE VIDE ORDER DATED 28/02/2022`** - **`5 THE DEPUTY EXAMINER OF LOCAL FUND AUDIT THIRUVANANTHAPURAM 695033 BY ADVS. SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD S.JAYAKRISHNAN S.SUBHASH CHAND`** ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` D.B.P.No.7 of 2022 ``` 2 ## **ORDER** ## **Anil K. Narendran, J** . This DBP was registered 'suo motu' based on a petition dated 21.02.2022 of Bhakthajana Samithi, Thelliyyorkkavu Devi Temple, raising certain complaints against the constructions carried out in that Temple and also in the conduct of Sapthaha Yajnam, which was scheduled to commence from 28.02.2022. 2. On 28.02.2022, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that there is no Temple Advisory Committee in Thelliyyorkkavu Devi Temple and there is an Ad-hoc Committtee, which had undertaken the construction of 'Sapthaha Panthal'. Therefore, the description of the 4[th] respondent was _suo motu_ corrected as ‘Ad-hoc Committee’, instead of ‘Temple Advisory Committee’. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 3. The learned Senior Government Pleader took notice for the 5[th] respondent. Urgent notice was ordered to the 4[th] respondent Ad-hoc Committee of Thelliyyorkkavu Devi Temple, through the 2[nd] respondent Assistant Devaswom Commissioner. 3. A statement has been filed by the learned Standing ``` D.B.P.No.7 of 2022 ``` 3 ## Counsel for Travancore Devaswom Board, for respondents 1 to 3. Paragraphs 4 to 7 of that statement read thus; “4. It is submitted that the allegation in the complaint that money is collected from the devotees in the name of Bhagavatha Parayanam is not correct. The expense for conducting Bhagavatha Parayanam and Annadhanam for each day are spent by the devotees who are sponsoring the programme on the particular day and no collection is being made from any devotee. 5. It is submitted that no commission is received by the persons who are offering Bhagavatha Parayanam as alleged in the complaint. No 'Kainottam' or 'Jyothisham' are conducted in the temple and vazhipadu of the temple are conducted only on receipts issued from the Devaswom. It is reported by the 3[rd] respondent that there is considerable increase in the income of the temple. No unauthorised Kanikka Vanchies are kept in the Bhagavatha Parayana Vedi. The posts sealed by the 2[nd] respondent alone are placed in the Bhagavatha Parayana Vedi. 6. It is submitted that usually a temporary 'Yajna Pandal' is constructed every year spending Rs.40,000/- to Rs.50,000/-. The 4[th] respondent has requested the Board seeking permission for constructing a permanent 'Yajna Pandal' at their expense and the same was given as per ROC No.2976/21/M dated 01.04.2021. Accordingly, a permanent 'Yajna Pandal' was constructed by the 4[th] respondent through sponsors without any collection from devotees and the work was done under the supervision of the Maramath officials of ``` D.B.P.No.7 of 2022 ``` 4 the Board. Each portion of the Sapthaha Pandal was sponsored by devotees. The 'Yajna Pandal' was constructed as per vasthu procedures suggested by the approved Sthapathi of the Board, Brahmasree Agnisarman Vasudevan Bhattathirippad of Kuzhikkattu Illam and the same was done with the concurrence of the Tantri of the temple also. 7. It is submitted that there is no practice of compelling the devotees to visit Bhagavatha Parayana Vedi as alleged in the complaint and no such compliant is received from any devotees so far. it is respectfully submitted that the allegations in the complaint are not true and the same are made to malign the Board and its officials and to create doubt in the mind of the devotees and thereby to stall the developmental activities of the temple.” 4. The 4[th] respondent Ad-Hoc committee has filed a counter affidavit dated 08.03.2022. Paragraphs 6 to 8 of that counter affidavit read thus; “6. It is admitted that the Thelliyoorkavu Bhagavathi Temple at Thelliyoor in Ezhumattur village stands unique. It is under the control and management of the Travancore Devaswom Board. The allegations against the Ad-hoc committee is absolutely fabricated and false and hence denied. The present Ad-Hoc Committee was constituted legally with the approval of the Devaswom Board. The 2nd respondent has given sealed coupons of Rs.5,45,000/- for conducting the annual festival on 17.02.2022 to the Ad-Hoc Committee. True copy of the details of sealed coupons issued by the 2nd respondent to the Ad-hoc committee is produced herewith ``` D.B.P.No.7 of 2022 ``` 5 and marked as Exhibit R4(a). We are collecting the money from the public after issuing sealed coupons. It is an accountable fund mobilization for conducting the annual festival. Owing to the COVID protocol, we are limiting the cultural and art programmes in the festival but strictly adhering the temple rituals. In an atmosphere of religious fervour and Devi mantras reverberating in the air, thousands of devotees participated the "Bhagavata Saptaham", renowned scholar narrates the Maha Puranic text and explain its significance in the lives of devotees. Srimad Bhagavatham is the crown jewel of Veda, Vedanta, 18 puranas and ithihasas. It consists of 18000 verses, 12 cantos and 335 chapters. This considered as the ultimate moksha sastra blessed to living beings in this and other world. It is the highest Yagna prescribed for people in Kaliyuga. Without understanding the importance of the "Bhagavata Saptaham", the unnamed complainant used bad language against Saptaha yagnas and its acharyan. That will break the faith of the devotees. 7. The other allegation against the Ad-hoc committee is that they constructed a new Saptaha Panthal with huge collection of funds from the public is in correct and hence denied. The Sreemad Bhagavatha Sapthaham being held in connection with the annual temple festival. The recitals will be followed by discourses. Devaswom Sadhyalayam is not suitable for conducting "Bhagavata Saptaham". Every year we installed temporary Panthal at the cost of Rs. 50,000/- in the temple premises for conducting "Bhagavata Saptaham". Therefore, the Committee had taken a decision to construct a ``` D.B.P.No.7 of 2022 ``` 6 permanent Saptaha Panthal in front of the temple and approached the Thantri and Board for permission. The board allowed the Ad-hoc committee to construct the Saptaha Panthal without collecting funds from the public. True copy of ROC No.2976/21/M dated 01.04.2021 issued by the Secretary to the Board is produced herewith and marked as Exhibit R4 (b). The Thantri also permitted the Ad-hoc Committee for the construction. At the effort of the Committee, several believers offered to sponsor various materials like pipe, sheets etc. for the construction of Saptaha Panthal. The devotees from the different way of life, Seva Bharathi, VHP and other Hindu religious institutions volunteers voluntarily dedicated their efforts to complete the Saptaha Panthal successfully. We have only coordinated the works under the supervision and proper guidance of the Devaswom Engineers and Sthapathi. For sponsoring the materials no audit is required. The lists of various sponsors were given to the 3[rd] respondent for appropriate action. 8. In the above facts explained with cogent evidence, it is humbly submitted that the unnamed petitioner has approached this Hon'ble Court with a mala-fide intention to invoke the extra ordinary jurisdiction of this Hon'ble Court by suppressing the material facts. The Hon'ble Supreme Court in **Ramjas Foundation and others Vs. Union of India and others (AIR 1993 SC 852)** has consistently held that when a person approaches the court of equity, he should approach not only with clean hands, but with clean mind, clean heart and with clean objectives. The unnamed petitioner has now approached this Hon'ble Court totally ``` D.B.P.No.7 of 2022 ``` 7 discarding the ratio enunciated by the Apex Court with unclean mind, unclean heart and with unclean objectives.” 5. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3, the learned counsel for the 4[th] respondent Ad-Hoc Committee and also the learned Senior Government Pleader for the 5[th] respondent Local Fund Audit. 6. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per sub-section (1) of Section 31A of the Act, a Committee for each temple in the name 'Temple Advisory Committee' (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per 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 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. 8 ``` D.B.P.No.7 of 2022 ``` 7. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 8. Clause (3) of the Rules deals with membership. Clause (3) 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 worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with class of persons who are entitled to get membership. 9. In **Santharam Roy T.S. v. Travancore Devaswom Board and others [2022 (2) KHC 595 (DB)]** 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 ``` D.B.P.No.7 of 2022 ``` 9 makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of 'registered mandalam'. The election of members to the Temple Advisory Committee is made from among the members of 'registered mandalam' present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 10. Clause (11) of the Rules, which deals with term of office of the Temple Advisory Committee. 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 1[st] respondent Board can extend the ``` D.B.P.No.7 of 2022 ``` 10 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. 11. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that, the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board ``` D.B.P.No.7 of 2022 ``` 11 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 approved bye-laws 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 bye-laws, 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. 12. 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 ``` D.B.P.No.7 of 2022 ``` 12 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. 13. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others** [Judgment dated 25.05.2022 in W.P.(C) No.7421 of 2022 - MANU/KE/1627/2022] one of the contentions raised before this Court by the learned counsel for respondents 5 to 10 was that, the construction or repair or renovation work that has to be undertaken in a Temple under the management of the 1[st] respondent Board is outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. This Court noticed that, insofar as the aforesaid contention raised by the learned counsel for respondents 5 to 10 is concerned, as per Clause (2) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, ``` D.B.P.No.7 of 2022 ``` 13 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 1[st] respondent Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 14. 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 ``` D.B.P.No.7 of 2022 ``` 14 ensure that the functioning of the Committee is in accordance with the directions issued by the 1st respondent Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee is with the approval of the Committee and with the knowledge of the President and the Secretary. 15. In **Sunil Kumar C.** [MANU/KE/1627/2022] this Court held that, a reading of the provisions under Clause (9) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees makes it explicitly clear that the construction or repair or renovation work that has to be ``` D.B.P.No.7 of 2022 ``` 15 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 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 are in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act contemplate constitution of a Temple Advisory Committee in the temples under the management of the Board, which is assigned with various duties as per the said 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 1[st] respondent Board through its officials in the Maramath Department, has to be ``` D.B.P.No.7 of 2022 ``` 16 undertaken through the Temple Advisory Committee. In view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the said Rules, and also the law laid down by this Court in **Chandu K. [2021 (3) KHC 379]** , this Court found that the construction, 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. 16. Clause (18) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause (18), 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 **Sunil Kumar C.** [MANU/KE/1627/2022], this Court held that, the provisions under ``` D.B.P.No.7 of 2022 ``` 17 Clause (18) of the said Rules provide sufficient safeguards to prevent illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 17. In **Sunil Kumar C.** [MANU/KE/1627/2022], on the facts of the case on hand, this Court noticed that, the extension of term granted to the Temple Advisory Committee of Sree Subrahmanya Swamy Temple, Haripad, originally for a period of one year, as evidenced by communication dated 11.02.2019 of the Deputy Commissioner, was absolutely without any basis. The reason for such extension of term is not discernible from the said communication of the Deputy Commissioner. The further extension of term for a period of six months each granted by the 1[st] respondent Board, as evidenced by communications dated 11.03.2020 and 28.10.2020, are for completing the renovation work of the Koothambalam and for taking preparatory steps for Chithira Festival scheduled on 14.04.2020 and 14.04.2021 respectively. No materials were placed on record either by respondents 1 to 4 or by respondents 5 to 10 to show that any development work in connection with renovation of the Koothambalam commenced prior to 12.03.2019, for granting ``` D.B.P.No.7 of 2022 ``` 18 extension of the term of the Temple Advisory Committee by one year, by the Devaswom Commissioner, in exercise of his powers under Clause (11) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees. The extended term of one year expired on 12.03.2020. Thereafter, the 1[st] respondent Board extended the term of the Committee for a period of one year (six months each), i.e., till 12.03.2021. Just before the expiry of the term, 'Anunja' ceremony was conducted on 04.03.2021 for obtaining the permission of deity to commence the renovation work of the Koothambalam. After obtaining 'Anunja' on 04.03.2021, no development activity in connection with renovation of the Koothambalam could be commenced, which is evident from the fact that the 1[st] respondent Board accorded sanction to execute the work at the revised rate of Rs. 51,00,000/- only on 07.12.2021, as evidenced by proceedings dated 07.12.2021. Thereafter, respondents 6 to 10, who obtained 'Anunja' on 04.03.2021, entered into an agreement [Annexure R1(c)] with the Executive Engineer, Mavelikkara, only on 18.01.2022. in view of the provisions under Clause (2), Clause (9) and Clause (11) of the said Rules and also the law laid down by ``` D.B.P.No.7 of 2022 ``` 19 this Court in **Chandu K. [2021 (3) KHC 379]** , the construction, 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. When respondents 6 to 10 are disqualified from being elected as members of the Temple Advisory Committee in view of the prohibition contained in Clause (18) of the said Rules, they cannot be included as members of an Ad-hoc Committee formed for the renovation of the Koothambalam. 18. During the course of arguments, on a query made by this Court, the learned Standing counsel for Travancore Devaswom Board would submit that the 2[nd] respondent Assistant Devaswom Commissioner has already initiated steps to convene the meeting of the registered mandalam, for electing new members of the Temple Advisory Committee of Thelliyyorkkavu Devi Temple, strictly in terms of the Rules, which shall be completed, within the time limit to be fixed by this Court. In such circumstances, this DBP is disposed of by directing the 2[nd] respondent Assistant Devaswom Commissioner to complete the proceedings initiated for constituting a Temple Advisory Committee in Thelliyyorkkavu Devi Temple, as ``` D.B.P.No.7 of 2022 ``` 20 expeditiously as possible, at any rate, within a period of two months from date of receipt of a certified copy of this order. In the meantime, the 4[th] respondent Ad-hoc Committee shall not be permitted to undertake any development work in the temple in question. The entire development works already undertaken by the 4[th] respondent shall be subjected to audit. The audited accounts of the 4[th] respondent shall be submitted before the 2[nd] respondent Assistant Devaswom Commissioner, within a period of one month. The vazhipadu items as per ‘Paditharam’ alone shall be permitted in the temple in question and no one shall be permitted to exploit the devotees, in the name of any other vazhipadu items. The 2[nd] respondent Assistant Devaswom Commissioner and also the 3[rd] respondent Sub Group Officer shall take necessary steps to ensure that only vazhipadu items as per 'Paditharam', alone are permitted in the temple in question. Sd/- **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR** **JUDGE** **yd** ``` D.B.P.No.7 of 2022 ``` 21 ## APPENDIX ## RESPONDENTS’ EXHIBITS: EXHIBIT R4(a): TRUE COPY OF THE DETAILS OF SEALED COUPONS ISSUED BY THE 2[ND] RESPONDENT TO THE AD-HOC COMMITTEE. EXHIBIT R4(b): TRUE COPY OF ROC NO.2976/21/M DATED 01.04.2021 ISSUED BY THE SECRETARY TO THE BOARD.