DBP No.89 of 2023 in the Matter of Travancore Devaswom Board – Report No.37/2023 in Complaint No.151/2022 – Complaint Filed by the Mathrusamithi of Keezhathadiyoor Thrukkayil Mahadeva Temple, Keezhathadiyoor in Lalam Sub Group of Ettumanoor Group – Suo Motu Proceedings Initiated

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` TUESDAY, THE 5[TH] DAY OF DECEMBER 2023/14TH AGRAHAYANA, 1945 ``` ``` DBP NO.89 OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – REPORT ``` ``` NO.37/2023 IN COMPLAINT NO.151/2022 – COMPLAINT FILED BY ``` ``` THE MATHRUSAMITHI OF THRUKKAYIL MAHADEVA TEMPLE, ``` ``` KEEZHATHADIYOOR IN LALAM SUB GROUP OF ETTUMANOOR GROUP – ``` ``` SUO MOTU PROCEEDINGS INITIATED REG. ``` ## **`PETITIONER:`** ``` REMANI GOPI ``` ``` PRESIDENT, MATHRUSAMITHI, ROHINI NIVAS, CHETHIMATTOM, PALA, KOTTAYAM DIST. ``` ``` BY ADV C.S.SUNIL ``` ## **`RESPONDENTS:`** - **`1 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA, PIN- 695 003`** - **`2 THE ASSISTANT COMMISSIONER ETTUMANOOR GROUP, TRAVANCORE DEVASWOM BOARD`** - **`3 THE SUB GROUP OFFICER TRAVANCORE DEVASWOM BOARD, LALAM, PALA`** - **`*4 S.SASIKUMAR VIJAYAVILASAM, CHETHIMATTOM, PALA P.O., KOTTAYAM PIN 686 575 *(CORRECTED)`** - **`*5 RAJU MAKKUNNEL, KEEZHPRAYAR P.O., PALA, KOTTAYAM PIN 686 578 SRI.RAJU MAKKUNNEL *(CORRECTED)`** 2 DBP No.89 of 2023 ``` *THE DESCRIPTION OF THE 4TH RESPONDENT IS CORRECTED BY INCORPORATING THE PINCODE I.E. 'PIN - 686575' AND THAT OF THE 5TH RESPONDENT AS 'PIN-686 578' AS PER ORDER DATED 30/09/2023 IN DBP.NO.89/2023 ``` ## **`6 THE CHIEF VIGILANCE OFFICER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM`** - **`*ADDL.R7 THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA - 695003, REPRESENTED BY ITS SECRETARY *IS SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER DATED 19/09/2023 IN DBP.NO.89/2023`** ``` *ADDL.R8 DR. P.G. SATHEESH BABU, AGED 67 YEARS, S/O.GOPALAN, GURUKRUPA, MOONNANI P.O., PALA, KOTTAYAM-686 575 ``` ``` BY ADVS.UNNIKRISHNAN T.A SUJINI.S KRISHNA PRASAD.S K.K.AKHIL(K/583/2014) T. SREELAKSHMI UNNIKRISHNAN(K/001168/2022) SINDHU S KAMATH SWAPNA S.K. ROHINI NAIR SURAJ KUMAR D. SUNILKUMAR K.K. ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.SANTHOSH KUMAR- STANDING COUNSEL- TDB; SRI P.RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN ; SRI KRISHNA PRASAD S - ADDL R7 ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 05.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.89 of 2023 ## **ORDER** ## Anil K. Narendran, J. This DBP is registered _suo motu_ based on Report No.37 of 2023 of the learned Ombudsman in Complaint No.151 of 2022 made by Smt.Remani Gopi, who is the President of Mathrusamithi of Keezhathadiyoor Thrukkayil Mahadeva Temple, which is a temple under the management of the Travancore Devaswom Board. The said complaint contains allegations against respondents 4 and 5, who were the members of the Temple Advisory Committee of that temple, which was constituted in the year 2020, in terms of the Rules (Bye-laws) framed under subsection (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. In the report of the learned Ombudsman, a copy of the complaint is marked as Annexure O1; a copy of the statement filed by the 4[th] respondent as Annexure O2; a copy of the statement filed on behalf of the Travancore Devaswom Board as Annexure O3; a copy of the report of the Vigilance Enquiry as Annexure O4 and the statement filed by the Devaswom Commissioner as Annexure O5. 2. Annexure O4 report of the Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board, which is addressed to the 6[th] respondent Chief Vigilance and Security Officer contains adverse remarks against respondents 4 and 5 and 4 DBP No.89 of 2023 the recommendation in that report is to exclude the said respondents from the Temple Advisory Committee in future. There are other recommendations in Annexure O4 enquiry report. The learned Ombudsman has submitted Report No.37 of 2023 for consideration of this Court and to examine whether any further action is required in the matter. 3. On 19.09.2023, when this DBP came up for consideration, the Travancore Devaswom Board, represented by its Secretary was _suo motu_ impleaded as the additional 7[th] respondent. The learned Standing Counsel for Travancore Devaswom Board sought time to obtain the correct and complete address of respondents 4 and 5, through the 3[rd] respondent Sub Group Officer. 4. On 30.09.2023, the learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 1 to 3, 6 and also for the additional 7[th] respondent. This Court issued urgent notice by speed post to the complainant and also to respondents 4 and 5, returnable within four weeks. 5. On 31.10.2023, respondents 4 and 5 entered appearance through counsel and sought time to file counter affidavit. By the order dated 31.10.2023, this Court directed the additional 7[th] respondent to file a counter affidavit. 5 DBP No.89 of 2023 6. The 4[th] respondent has filed a counter affidavit dated 20.11.2023, producing therewith Annexure R4(a) application dated 04.07.2023 made by the said respondent under the Right to Information Act, 2005 and Annexure R4(b) reply dated 14.11.2023 given by the Travancore Devaswom Board. The 5[th] respondent has also filed a similarly worded counter affidavit dated 04.12.2023, producing therewith Ext.R5(a) copy of the communication dated 16.09.2023 issued by the 2[nd] respondent Assistant Commissioner to the 5[th] respondent. 7. Heard the learned counsel for the complainant, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3, 6 and the additional 7[th] respondent, the learned counsel for respondents 4 and 5 and also the learned counsel for the additional 8[th] respondent, who is the complainant in Complaint No.152 of 2022 before the learned Ombudsman. 8. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 6 DBP No.89 of 2023 9. 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. 10. 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. 11. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per subsection (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. 7 DBP No.89 of 2023 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, which has been approved by this Court vide order dated 30.11.2011 in DBA No.153 of 2009. 12. 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. 13. 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 8 DBP No.89 of 2023 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. 14. In **Santharam Roy T.S. v. Travancore Devaswom Board [2022 (2) KHC 595]** this Court held that the provisions under Clause (3) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Board makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of ‘registered mandalam’. The election of members to the Temple Advisory Committee is made from among the members of ‘registered mandalam’ present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 15. In **Chandu K. v. Travancore Devaswom Board** 9 DBP No.89 of 2023 **[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 30.11.2011 in DBA No.153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be 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 10 DBP No.89 of 2023 Rules is to see that timely elections are held and the constitution of the Committees is not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the Rules, shall not be exercised as a matter of course. They shall call for a report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether the extension of the term has to be given or not. 16. 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 11 DBP No.89 of 2023 the Department for the collection of funds. He has to print coupons and keep them in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 17. 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. 12 DBP No.89 of 2023 18. In **Major Vellayani Devi Temple Advisory** **Committee v. State of Kerala [2023 (2) KHC 290]** a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party held that in view of the provisions of the TravancoreCochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who 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. 19. The law laid down by this Court in **Major Vellayani** 13 DBP No.89 of 2023 **Devi Temple Advisory Committee [2023 (2) KHC 290]** was reiterated by this Court in **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** . 20. Clause (18) of the Rules framed by the Travancore Devaswom Board under sub-section (3) of Section 31A of the Travancore Cochin Hindu Religious Institutions Act prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. 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. 21. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** this Court held that clause (18) of the Rules framed by the Travancore Devaswom Board under sub-section (3) of Section 31A of the Travancore Cochin Hindu Religious Institutions Act prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. 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 14 DBP No.89 of 2023 of the Assistant Commissioner shall be used for collecting funds. Therefore, the provisions under clause (18) of the Rules provide sufficient safeguards to prevent any illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 22. In Complaint Nos.151 and 152 of 2022, certain allegations were raised against respondents 4 and 5. Before the learned Ombudsman, Annexure O4 report of the Vigilance Officer was placed on record, in which certain remarks were made against the said respondents. 23. During the course of arguments, on a query made by this Court, the learned Standing Counsel would submit that Annexure O4 report of the Vigilance Officer is now pending before the 1[st] respondent Devaswom Commissioner, who shall take appropriate decision on that matter, with notice to the complainants and also to respondents 4 and 5. Having considered the pleadings and materials on record and also the submissions made at the Bar, this DBP is disposed of, leaving open the factual contentions raised by both sides, by directing the 1[st] respondent Devaswom Commissioner to take an appropriate decision in the matter, after considering Annexure O4 report dated 09.05.2023 of the Vigilance Officer, after conducting 15 DBP No.89 of 2023 a personal hearing, with notice to the complainants in both the complaints and also to respondents 4 and 5. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of one month from the date of production of a certified copy of this order. Since the term of the Temple Advisory Committee of Keezhathadiyoor Thrukkayil Mahadeva Temple has already expired in December 2020, it is for the 2[nd] respondent Assistant Commissioner to initiate steps for convening a meeting of the registered Mandalam for electing new members to the Temple Advisory Committee. Necessary steps in this regard shall be commenced, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this order. Till a newly elected Temple Advisory Committee is granted approval by the 1[st] respondent Devaswom Commissioner, the entire activities in the temple shall be managed directly by the department through the 3[rd] respondent Sub Group Officer, under the supervision of the 2[nd] respondent Assistant Commissioner. The ‘Mathrusamithi’, which made complaint before the learned Ombudsman or any other committee can have a role in the activities of the temple, in view of the provisions contained in Section 31A of the Act, the Rules (Bye-laws) regarding formation of Temple Advisory Committees in the temples under the 16 DBP No.89 of 2023 management of the Travancore Devaswom Board and the law laid down in the decisions referred to supra. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** ## AV/6/12 The last sentence in the last paragraph of the order dated 05.12.2023 in DBP 89/2023 is corrected as follows: “The ‘Mathrusamithi’, which made complaint before the learned Ombudsman or any other committee can have no role in the activities of the temple, in view of the provisions contained in Section 31A of the Act, the Rules (Bye-laws) regarding formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board and the law laid down in the decisions referred to supra.”, vide order dated 18/3/2024 in DBP 89/2023. Sd/- **JOINT REGISTRAR** 17 DBP No.89 of 2023 ## **`APPENDIX OF DBP 89/2023`** |**`RESPONDENT ANNEXURES`**|| |---|---| |**`ANNEXURE R4(A)`**|**`TRUE COPY OF THE QUESTIONS SUBMITTED BY ME`**| ||**`UNDER THE RIGHT TO INFORMATION ACT DATED`**| ||**`4/7/23`**| |**`ANNEXURE R4(B)`**|**`TRUE COPY OF THE ANSWER GIVEN BY THE`**| ||**`DEVASWOM BOARD VIDE LETTER NO. 2239, DATED`**| ||**`14/11/2023`**| |**`EXHIBIT R5(A)`**|**`TRUE COPY OF THE COMMUNICATION DATED`**| ||**`16.09.2023 ISSUED BY THE 2ND RESPONDENT TO`**| ||**`THE 5TH RESPONDENT`**|