High Court of KeralaDivision BenchDisposed with directions for a detailed enquiry...

GANESH G v STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM; TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD HEADQUARTERS, NANATHANCODE, THIRUVANANTHAPURAM; THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEADQUARTERS, NANANTHCODE, THIRUVANANTHAPURAM; THE CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) TRAVANCORE DEVASWOM BOARD HEADQUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM; THE ASSISTANT DEVASWOM COMMISSIONER ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM; THE DEVASWOM SUB-GROUP OFFICER; MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOOR THIRUVANANTHAPURAM - 695011; TEMPLE ADVISORY COMMITTEE MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOOR THIRUVANANTHAPURAM - 695011 REPRESENTED BY ITS SECRETARY; BRAHMASREE NARAYANARU RAMARU; ADDL. R9. CHITRA SHAJI; ADDL. R10. K.R.SANAL KUMAR; ADDL. R11. ANIL KUMAR K.; ADDL. R12. VENUGOPALAN NAIR

Case / Petition Number:WP(C) No. 6334 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • Harisankar V. Menon
Judgment Date
2024-04-11
Court Decision / Holding
The court disposed the case by directing the 4th respondent Chief Vigilance and Security Officer to conduct a detailed enquiry based on Ext. P5 complaint, with notice to the petitioner and TAC and the 6th respondent Sub Group Officer, and to submit a report to the 2nd respondent Travancore Devaswom Board. The Board shall consider the report with notice to the petitioner and TAC and take appropriate action, referencing the bye-laws and statutory provisions under the Act, within three months. The Board is also directed to take necessary steps to ensure Velkavadi is not conducted during the Thaipooyam festival if found necessary, by seeking police and district administration assistance.
Final Disposition
Disposed with directions for a detailed enquiry by the Chief Vigilance and Security Officer into alleged irregularities, with notice to involved parties, and a report to be considered by the Travancore Devaswom Board within three months; Board to take further action and ensure Velkavadi is not conducted if necessary.

Parties to the Case

Appellants / Petitioners

  • Ganesh G

Respondents

  • State of Kerala represented by the Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram
  • Travancore Devaswom Board represented by its Secretary, Devaswom Board Headquarters, Nanthancode, Thiruvananthapuram
  • The Devaswom Commissioner Travancore Devaswom Board, Devaswom Board Headquarters, Nanthancode, Thiruvananthapuram
  • The Chief Vigilance Security Officer (Superintendent of Police - Vigilance) Travancore Devaswom Board Headquarters, Nanthancode, Kowdiar Post, Thiruvananthapuram
  • The Assistant Devaswom Commissioner Ulloor Group, Travancore Devaswom Board, Ulloor, Medical College P.O., Thiruvananthapuram
  • The Devaswom Sub-Group Officer
  • Major Ulloor Sree Balasubrahmanya Swami Temple
  • Temple Advisory Committee Major Ulloor Sree Balasubramanya Swami Temple represented by its Secretary
  • Brahmasree Narayanar Ramaru
  • Addl. R9 Chitra Shaji
  • Addl. R10 K.R. Sanal Kumar
  • Addl. R11 Anil Kumar K.
  • Addl. R12 Venugopalan Nair

Legal Representation & Advocates

Counsels for Petitioners

  • • J. Vishnu
  • • Anu Balakrishnan Nambiar
  • • G. J. Rajmohan

Counsels for Respondents

  • • R. Sunil Kumar
  • • Sri. Rajmohan – Sr.GP
  • • Sri. G. Biju - SC
  • • A. Salini Lal(K/1486/1999)

Case Synopsis & Summary

Ganesh G, a devotee of Ulloor Sree Balasubramanya Swamy Temple under the management of the Travancore Devaswom Board, challenges the functioning of the Temple Advisory Committee (TAC) alleging violation of temple customs and board orders during Thaipooyam. He seeks mandamus to direct respondents 1–6 to initiate action against the TAC (respondent 7) for breaches of ritual and administrative norms, and to dispose Exts. P4–P6 and P9 representations; and a declaration that the Velkavadi practice (Vel and Garudan Thookkam with metal hooks) during the 2023–24 Thaipooyam is contrary to temple customs, board directives, public health, decency, and public policy. The petition relies on Devaprashnam (2013) advising against Velkavadi; Exts. P1 (15.01.2014) and P3 (25.01.2023) prohibit Velkavadi; yet TAC allegedly conducted Velkavadi in 2023 and 2024 as shown by Exts. P7–P8. The petitioner filed complaints (Exts. P5–P6) and supplied video evidence. The court recognizes statutory duties of the Travancore Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act (Sections 15A, 16, 31, 31A) and the Rules (Clause 18) to supervise rites, administer properties, and ensure temple usage. It admits the petition and directs a detailed enquiry by the Chief Vigilance and Security Officer into the alleged irregularities with notice to all affected parties, to be reported to the Board within three months, and to take appropriate action including preventing Velkavadi if necessary.

Provisions of Law Cited

Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 1(3) (as substituted by Kerala Adaptation of Laws Order, 1956)Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 15ATravancore-Cochin Hindu Religious Institutions Act, 1950 - Section 16Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 31Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 31ARules under Section 31A - Clause (18)Kerala Adaptation of Laws Order, 1956

Legal Doctrines & Maxims

  • Board has a statutory duty to ensure regular traditional rites and ceremonies are performed promptly.
  • Temple Advisory Committee must render necessary assistance to the Board for smooth functioning of temple activities and festivals.
  • Clause (18) of the Rules under Section 31A provides safeguards to prevent illegal collection of funds; receipts require official seals; no continuous office-bearer shall exceed two terms.
  • Sunil Kumar C. v. Travancore Devaswom Board (2022 (4) KHC 663) recognized safeguards under Clause (18) to prevent illegal fund collection.
  • Devaprashnam (2013) opinion by Tantri not to conduct Velkavadi; the Board must enforce prohibitions and ensure compliance with statutory directives.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that Velkavadi with Vels pierced into the cheeks and body, being contrary to temple customs and the board's orders, was conducted in the Thaipooyam festival. He seeks mandamus to action against the TAC, disposal of Exts. P4–P6, and a declaration that the 2023–24 Velkavadi practice violates customs and public policy. He also requests enforcement of Exts. P1 and P3 prohibitions and ongoing Commission’s oversight to ensure compliance with statutory duties.

Contentions of Respondents

Respondents 7–12 contend adherence to tradition and argue that the TAC and temple worship must operate within established practices. They rely on the 2013 Devaprashnam and the Board’s powers and propose to resolve disputes through internal processes and compliance with statutory provisions and bye-laws. They highlight potential procedural concerns and emphasize the need for proper verification of facts before any action.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Major Vellayani Devi Temple Advisory Committee v. State of Kerala and others2023 (2) KHC 290PositiveCited to establish the Board's statutory duty to ensure prompt rites and ceremonies and to assist temple activities; supported the court's assertion of board responsibility.
Rajalekshmi P v. State of Kerala2023 (3) KHC 491PositiveReiterates the duty framework established in the Major Vellayani decision and supports board oversight and temple administration.
Sunil Kumar C. and others v. Travancore Devaswom Board and others2022 (4) KHC 663PositiveRecognizes Clause (18) safeguards against illegal collection of funds by Temple Advisory Committees; supports regulatory controls.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON`** ``` THURSDAY, THE 11[TH] DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 ``` ## **`WP(C) NO. 6334 OF 2024`** ## **`PETITIONER:`** ``` GANESH G AGED 44 YEARS, SON OF GOPINATHA IYER, T/C 7/1729(2), SAKETHAM, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011 ``` ``` BY ADVS. J.VISHNU ANU BALAKRISHNAN NAMBIAR G.J.RAJMOHAN ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031`** - **`2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD HEADQUARTERS, NANATHANCODE,THIRUVANANTHAPURAM, PIN - 695003`** - **`3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEADQUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003`** - **`4 THE CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`5 THE ASSISTANT DEVASWOM COMMISSIONER ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011`** - **`6 THE DEVASWOM SUB-GROUP OFFICER`** W.P.(C)No.6334 of 2024 2 ``` MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOOR THIRUVANANTHAPURAM - 695011 ``` - **`7 THE TEMPLE ADVISORY COMMITTEE MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOOR THIRUVANANTHAPURAM - 695011 REPRESENTED BY ITS SECRETARY`** - **`8 BRAHMASREE NARAYANARU RAMARU AGE AND FATHER'S NAME UNKNOW TO PETITIONER, THANTHRI, MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, RESIDING AT VANCHIYOOR, ATHIYARA MADOM, B-3, SREE RENJINI, T.C.NO.27/1120, AMBA NAGAR, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035`** - **`9 ADDL. R9. CHITRA SHAJI, AGE AND FATHER'S NAME UNKNOWN TO PETITIONER, PRESIDENT, THE TEMPLE ADVISORY COMMITTEE, MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOR, RESIDING AT 7/1459, PADMAVILASAM E.K.NAYANAR ROAD, KOCHULLOOR, THIRUVANANTHAPURAM -695011 IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED 27.2.2024 IN I.A.1/2024`** - **`10 ADDL. R10. K.R.SANAL KUMAR,`** - **`AGE AND FATHER'S NAME UNKNOWN TO PETITIONER, MEMBER, THE TEMPLE ADVISORY COMMITTEE, MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOR, RESIDING AT VADEKATHILVEDDU, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -695011 IS IMPLEDED AS ADDITIONAL R10 AS PER ORDER DATED 27.2.2024 IN I.A.1/2024`** - **`11 ADDL. R11. ANIL KUMAR K.,`** ``` AGE AND FATHER'S NAME UNKNOWN TO PETITIONER, MEMBER, THE TEMPLE ADVISORY COMMITTEE, MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOR, RESIDING AT S.S.A. BHAVAN, AMBALA NAGAR, PONGUMOODU, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -695011 IS IMPLEADED AS ADDITIONAL R11 AS PER ORDER DATED 27.2.2024 IN I.A.1/2024 ``` ``` 12 ADDL. R12. VENUGOPALAN NAIR, MEMBER, THE TEMPLE ADVISORY COMMITTEE, MAJOR ULLOOR SREE BALASUBRAMANYA SWAMI TEMPLE, ULLOR, RESIDING AT T.C. 17/962, POOJAPURA P.O., THIRUVANANTHAPURAM -695011 ``` W.P.(C)No.6334 of 2024 3 ``` IS IMPLEADED AS ADDITIONAL R12 AS PER ORDER DATED 27.02.2024 IN I.A.1/2024 OF WP(C)6334/2024. BY ADVS. R.SUNIL KUMAR SRI.RAJMOHAN – SR.GP SRI.G.BIJU - SC A.SALINI LAL(K/1486/1999) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C)No.6334 of 2024 4 ## **JUDGMENT** ## **Anil K. Narendran, J** The petitioner, who is a devotee of Ulloor Sree Balasubramanya Swamy Temple, Thiruvananthapuram, which is a temple under management of Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 6 to initiate action against the 7[th] respondent Temple Advisory Committee of that temple, for violating the customs and rituals and also the orders issued by the Travancore Devaswom Board. The petitioner has also sought for a writ of mandamus commanding respondents 3 to 5 to dispose of Exts.P4 to P6 and P9 representations, in accordance with law, after hearing the petitioner; and a declaration that the conduct of Thaipooyam festival at Ulloor Sree Balasuramanya Swamy Temple for the year 2023-24, allowing Velkavady and Garudan Thookkam with metal hooks and metal skewers pierced into the flesh of the devotees is in violation of the temple customs, rituals, the orders of the Travancore Devaswom Board and also opposed to public health, decency, and sound public policy. 2. Going by the averments in the writ petition, pursuant to the Devaprashnam in 2013, the Temple Tantri had advised that Velkavadi with Vels (steel or silver skewers in the shape of Vel) being pierced into the cheeks and body of devotees should not be conducted during the Temple festival. In pursuance of the same, the 3[rd] respondent Devaswom Commissioner issued Ext.P1 order dated 15.01.2024, W.P.(C)No.6334 of 2024 5 excluding Velkavadi with Vels pierced into the cheeks and body from the annual festival, i.e., Thaipooya Maholsavam of Ulloor Sree Balasubramanya Swamy Temple from the year 2014. Several attempts made by certain person to conduct Velkavadi with Vels pierced into the cheeks and body during the subsequent years were prevented with the timely intervention of the then Temple Advisory Committees. In the year 2023, attempts were made to conduct Velkavadi with Vels pierced into the cheeks and body by the 7[th] respondent Temple Advisory Committee. The 8[th] respondent Tantri sent Ext.P2 letter dated 21.01.2023 seeking interference of the Board to stop the conduct of Velkavadi with Vels pierced into the cheeks and body, in which it is stated that the practice of piercing body attracts the anger of the deity, which is opposed to tantric beliefs associated with the temple. Therefore, such persons shall not be allowed either to join the festival procession or enter the temple along with the procession. On receipt of Ext.P2 letter of the Tantri, the 3[rd] respondent Devaswom Commissioner issued Ext.P3 order dated 25.01.2023 prohibiting Velkavadi with Vels pierced into the cheeks and body in the Thaipooyam festival of Ulloor Sree Balasubramanya Swamy Temple. The grievance of the petitioner is that despite the issuance of Exts.P1 and P3 orders, the 7[th] respondent Temple Advisory Committee went ahead and conducted Velkavadi with Vels pierced into the cheeks and body in the Thaipooyam festival held on 05.02.2023. In addition to that there was illegal collection of money using personal QR Codes and W.P.(C)No.6334 of 2024 6 Gpay numbers of the members of the Temple Advisory Committee, installation of open Kanikka, etc. The petitioner submitted Ext.P5 complaint dated 27.09.2023 before the 5[th] respondent Assistant Devaswom Commissioner, which was followed by Ext.P5 complaint dated 25.10.2023 before the 4[th] respondent Chief Vigilance and Security Officer, who is heading the Vigilance Wing of the Travancore Devaswom Board. The petitioner has also submitted Ext.P6 complaint dated 25.10.2023 before the 3[rd] respondent Devaswom Commissioner. A few screenshots taken from the videos of Thaipooyakavadi during Thaipooyam festival, showing ‘Garudanthookku’ are marked as Ext.P7. Ext.P8 screenshots show Velkavadi with Vels pierced into the cheeks and body in the Thaipooyam festival held on 05.02.2023. 3. On 27.02.2024, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for the 1[st] respondent. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 6. Urgent notice by special messenger was ordered to respondents 7, 8 and additional respondents 9 to 12, returnable by 01.03.2024. 4. The 10[th] respondent, who is a member of the 7[th] respondent Temple Advisory Committee, has filed a counter affidavit dated 16.03.2024, on his behalf and on behalf of respondents 7, 9, 11 and 12, producing therewith Exts.R10(A) to R10(H) documents, opposing the W.P.(C)No.6334 of 2024 7 reliefs sought for in this writ petition. The petitioner has filed a reply affidavit dated 30.03.2024, producing therewith Exts.P11 to P15 documents. 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6 and the learned counsel for respondents 7 and 9 to 12. Despite service of notice, none appears for the additional 8[th] respondent. 6. 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 subsection (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. 7. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, 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 W.P.(C)No.6334 of 2024 8 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. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 8. Section 31 of the Act deals with management of Devaswoms. As per Section 31, 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. 9. 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 sub-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 W.P.(C)No.6334 of 2024 9 inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 10. As held by a Division Bench of this Court in **Major Vellayani Devi Temple Advisory Committee v. State of Kerala and others** **[2023 (2) KHC 290]** , in which one among us [Anil K. Narendran, J.] was a party, 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 the temples under its management are performed promptly; and to establish and maintain proper facilities in the temples 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 Devaswoms and arrange for the conduct of the daily worship and ceremonies and of the festivals in the temples 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. The law laid down in the said decision W.P.(C)No.6334 of 2024 10 ## was reiterated in **Rajalekshmi P v. State of Kerala [2023 (3) KHC** ## **491].** 11. Ulloor Sree Balasubramanya Swamy Temple is a temple under the management of the Travancore Devaswom Board. In view of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra, the Travancore Devaswom Board and its officials have a statutory duty to see that regular traditional rites and ceremonies according to the practice prevalent in that temple are performed promptly and to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board and its officials have a statutory duty to manage the properties and affairs of the said temple and arrange for the conduct of daily worship and ceremonies and also the festivals in that temple, according to its usage. The Temple Advisory Committee of Ulloor Sree Balasubramnya Swami Temple, 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. 12. Clause (18) of the Rules (Bye-laws) framed by the Travancore Devaswom Board for the Constitution of Temple Advisory Committees in temples under the management of the Travancore W.P.(C)No.6334 of 2024 11 Devaswom Board, 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. 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. 13. 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 sufficient safeguards to prevent illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 14. In the instant case, pursuant to the Devaprashnam conducted in 2013, the Tantri of Ulloor Sree Balasubrahmanya Swami Temple gave an opinion that Velkavadi with vels pierced into the cheeks and body of devotees should not be conducted during the temple festival. In pursuance of the same, the 3[rd] respondent Devaswom Commissioner issued Ext.P1 order dated 15.01.2024, excluding Velkavadi with vels pierced into the cheeks and body from the Thaipooyam Maholsavam of the temple from the year 2014 onwards. In W.P.(C)No.6334 of 2024 12 the year 2023, when attempts were made to conduct Velkavadi with vels pierced into the cheeks and body, the 8[th] respondent Tantri sent Ext.P2 letter dated 21.01.2023 seeking interference of the Board to stop the conduct of Velkavadi with vels pierced into the cheeks and body. In Ext.P2 letter, the Tantri has stated that the practice of piercing body attracts the anger of the deity, which is opposed to tantric beliefs associated with the temple. Therefore, such persons shall not be allowed either to join the festival procession or enter the temple along with the procession. On receipt of Ext.P2 letter, the 3[rd] respondent Devaswom Commissioner issued Ext.P3 order dated 25.01.2023 prohibiting Velkavadi with vels pierced into the cheeks and body in the Thaipooyam festival of Ulloor Sree Balasubramanya Swamy Temple. 15. Despite the prohibition contained in Ext.P1 and P3 orders Velkavadi with vels pierced into the cheeks and body was conducted in the Thaipooyam festival of Ulloor Sree Balasubramanya Swamy Temple on 15.02.2024 is evident from Ext.P7 and P8 screenshots produced along with the writ petition. It is not in serious dispute that the Travancore Devaswom Board, which has a statutory duty to see that the regular traditional rites and ceremonies according to the practice prevalent in Ulloor Sree Balasubramanya Swamy Temple are performed promptly during Thaipooyam festival, failed to discharge that statutory duty, as a result of which Velkavadi with vels pierced into the cheeks and body was conducted in the Thaipooyam festival held on 15.02.2024, W.P.(C)No.6334 of 2024 13 as evident from Exts.P7 and P8 screenshots. In the writ petition, it is alleged that it was conducted with the support and active involvement of the members and office bearers of the 7[th] respondent Temple Advisory Committee. The said allegations are denied in the counter affidavit filed by the 10[th] respondent on his behalf and also on behalf of respondents 7, 9, 11 and 12. The petitioner has filed a reply affidavit, producing therewith certain additional documents. 16. We do not propose to consider the rival contentions on the above aspect, in this writ petition. The petitioner has already made Ext.P5 complaint before the 4[th] respondent Chief Vigilance and Security Officer, Travancore Devaswom Board, on the above aspects, in which various allegations have also been raised against the office bearers of the Temple Advisory Committee regarding collection of money from the devotees. 17. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this writ petition by directing the 4[th] respondent Chief Vigilance and Security Officer to conduct a detailed enquiry, based on Ext.P5 complaint made by the petitioner regarding the conduct of Thaipooyam festival of Ulloor Sree Balasubrahmanya Swamy Temple for the year 1199 ME (2024), with notice to the petitioner and the members and office bearers of the 7[th] respondent Temple Advisory Committee and the 6[th] respondent Sub Group Officer and submit a report before W.P.(C)No.6334 of 2024 14 the 2[nd] respondent Travancore Devaswom Board. The Board shall consider that report with notice to the petitioner and the office bearers of the 7[th] respondent Temple Advisory Committee and take an appropriate decision, on any irregularities or illegalities committed by the Temple Advisory Committee in connection with Thaipooyam festival, with specific reference to the provisions under the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Act and also the law laid down in the decisions referred to supra. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment. The 2[nd] respondent Board shall also take necessary steps to ensure that Velkavadi with vels pierced into the cheeks and body is not conducted as part of Thaipooyam festival procession of Ulloor Sree Balasubrahmanya Swamy Temple, if found necessary, by seeking assistance from the Police and the District Administration. **Sd/-** **Sd/-** **HARISANKAR V. MENON, JUDGE** anm W.P.(C)No.6334 of 2024 15 ## **`APPENDIX OF WP(C) 6334/2024`** ``` PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.R.O.C.21844/13/P.R DATED 15.01.2014 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER Exhibit P2 A TRUE COPY OF THE LETTER DATED 21.01.2023 ISSUED BY THE THANTHRI ALONG WITH TYPED COPY Exhibit P3 A TRUE COPY OF ORDER NO.R.O.C.21844/13/P.R DATED 25.01.2023 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER FOR THE DEVASWOM COMMISSIONER Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 27.09.2023 Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DEVASWOM VIGILANCE Exhibit P6 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DEVASWOM COMMISSIONER DATED 25.10.2023 Exhibit P7 A TRUE COPY OF THE SCREENSHOTS FROM THE VIDEOS OF THAIPOOYA KAVADI IN ASSOCIATION WITH TEMPLE FESTIVAL SHOWING GARUDAN THOOKU Exhibit P8 A TRUE COPY OF THE SCREENSHOTS FROM THE VIDEOS OF VEL KAVADI CONDUCTED IN ASSOCIATION WITH TEMPLE FESTIVAL SHOWING PIERCINGS ON THE CHEEKS Exhibit P9 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DEVASWOM COMMISSIONER DATED 13.02.2024 WITH POSTAL RECEIPT Exhibit P10 A TRUE COPY OF THE NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE FOR THE 2023 FESTIVAL Exhibit P11 A TRUE COPY OF THE IMAGES OF VEL KAVADI AND GARUDAN THOOKAM DURING THE 2023 TEMPLE FESTIVAL OBTAINED FROM YOUTUBE VIDEO WITH LINK HTTPS WWW YOUTUBE COM WATCH V CM257OFKMSQ Exhibit P12 A TRUE COPY OF THE NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE TO THE ULLOOR BHRAHMANA SAMUDHAYAM ``` W.P.(C)No.6334 of 2024 16 ``` Exhibit P13 A TRUE COPY OF THE WITNESS SUMMONS ISSUED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM TO THE PETITIONER DATED 09.06.2023 ``` ``` Exhibit P14 A TRUE COPY OF THE ACCOUNTS STATEMENT FROM 18.02.2020 TO 06.01.2021 WITH REGARD TO CONSTRUCTION OF SASTHA TEMPLE AND CONDUCT OF SHIVARATHRI-2020 ``` ``` Exhibit P15 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD, DATED 09.02.2024 ``` ``` RESPONDENT EXHIBITS Exhibit R10 (A) TRUE COPY OF THE NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE IN CONNECTION WITH THIS YEARS "THAYPUYA KAVADI" ``` ``` Exhibit R10(B) TRUE COPY OF THE PHOTOGRAPH DEPICTING THE WARNING ``` ``` Exhibit R10 (C) TRUE COPY OF THE POSTER ISSUED BY THE SECRETARY AND THE PRESIDENT OF PRESENT COMMITTEE ``` ``` Exhibit R10(D) TRUE COPY OF THE NOTICE ISSUED BY THE MEDICAL COLLEGE POLICE TO THE RESPONDENT COMMITTEE DATED 25/1/2024 ``` ``` TRUE COPY OF COMPLAINT DATED 30/12/2022 ``` ``` Exhibit R10(E) Exhibit R10(F) ``` ``` Exhibit R10(F) TRUE COPY OF COMPLAINT DATED 27/1/23 FILED BEFORE THE PRESIDENT DEWASAM BOARD Exhibit R10(G) TRUE COPY OF THE FIR IN CRIME NUMBER 1382/2013 OF THE MEDICAL COLLEGE POLICE STATION ``` ``` Exhibit R10(H) TRUE COPY OF THE COMPLAINT SUBMITTED BY PRIEST OF THE TEMPLE DATED 19/8/2013 ```