High Court of KeralaDivision BenchDisposed of; directions issued for decision mak...

Gopakumar P. v. Travancore Devaswom Board and Others

Case / Petition Number:W.P.(C) No. 41300 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran, J.
  • G. Girish, J.
Judgment Date
2024-02-28
Court Decision / Holding
Writ petition disposed of with directions: The 1st respondent Board is to take an appropriate decision in the matter in terms of Ext.P15 after considering the further report to be submitted by the 9th respondent Chief Vigilance and Security Officer, with a copy of the report furnished to the petitioner and respondents 6–8. The Board shall conduct a personal hearing with notice to all parties and may accept written submissions; a reasoned order, addressing contentions, should be passed expeditiously, within two months from the date of receipt of a certified copy of this judgment.
Final Disposition
Disposed of; directions issued for decision making by the Travancore Devaswom Board as specified above, including a personal hearing and a reasoned order within two months.

Parties to the Case

Appellants / Petitioners

  • Gopakumar P.

Respondents

  • Travancore Devaswom Board represented by its Secretary
  • Devaswom Commissioner Travancore Devaswom Board
  • Deputy Devaswom Commissioner, Office of the Deputy Devaswom Commissioner, Travancore Devaswom Board
  • Assistant Devaswom Commissioner Travancore Devaswom Board, Ulloor Group
  • Sub Group Officer Thrippapoor Major Sree Mahadevar Temple, Travancore Devaswom Board (Ulloor Group)
  • Temple Advisory Committee Thrippapoor Major Sree Mahadevar Temple
  • Dr. P. Rakhavan
  • K. Rajan Nair
  • Vigilance Officer Travancore Devaswom Board
  • State of Kerala (represented by Principal Secretary to Government, Revenue (Devaswom) Department)
  • Deputy Director, Kerala State Audit Department (Impleaded)

Legal Representation & Advocates

Counsels for Petitioners

  • • D. Ajithkumar
  • • P. Mohandas (Ernakulam)
  • • SRI. S. Raj Mohan (Sr. GP)
  • • Sabu Pullan (K/35/2001)
  • • Gokul D. Sudhakaran (K/000886/2016)
  • • R. Bhaskara Krishnan (K/000891/2016)
  • • Bharath Mohan (K/1392/2020)
  • • K.P. Satheesan (Sr.) (S-242)
  • • K. Sudhinkumar (K/572/2014)
  • • S. Raj Mohan (Sr. GP)
  • • Santhosh Kumar G (SC, TDB)
  • • Sudaram? (If any other listed)

Counsels for Respondents

  • • SANTHOSH KUMAR G
  • • P. MOHANDAS
  • • K. SUDHINKUMAR
  • • SRI. S. RAJ MOHAN
  • • SABU PULLAN
  • • GOKUL D. SUDHAKARAN
  • • R.BHASKARA KRISHNAN
  • • BHARATH MOHAN
  • • K.P.SATHEESAN (SR.)

Case Synopsis & Summary

The petitioner, a devotee of Thrippapoor Major Sree Mahadevar Temple under the Travancore Devaswom Board (TDB), filed this writ petition under Article 226 seeking a mandamus to compel respondents 1–4 to conduct an audit of the Temple Advisory Committee’s (TAC) accounts and to direct action on Ext.P16, a report dated 15 August 2023 by the Vigilance Wing’s Sub Inspector. The petition, joined by three other devotees, follows an earlier petition (W.P.(C) No. 20753 of 2023) disposed by Ext.P15 on 26 July 2023, directing the Board to decide after considering the Vigilance report, with temple activities to be run by the Board via the Sub Group Officer under the supervision of the Assistant Devaswom Commissioner pending decision. On 07 February 2024, additional respondents 10 and 11 were impleaded. The petition contends mismanagement and irregular fund collection by the TAC; it seeks statutory compliance under the Travancore-Cochin Hindu Religious Institutions Act, 1950 and the TAC Rules framed under Section 31A. The respondents counter that the Board already initiated vigilance investigations, ordered reinvestigation due to deficiencies in the initial report, and proposes a further enquiry under the Vigilance Officer, with due process, depositions, and a reasoned Board order. The Court emphasizes statutory duties, safeguards, and the need for a transparent, accountable audit process in temple administration.

Provisions of Law Cited

Constitution of India, Article 226Travancore-Cochin Hindu Religious Institutions Act, 1950 (Sections 3, 15A, 31, 31A)Temple Advisory Committees Rules framed under Section 31A (Clause (2); Clause (3); Clause (9); Clause (11); Clause (18))

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the Temple Advisory Committee’s funds and accounts for Thrippapoor Major Sree Mahadevar Temple must be audited, and that Ext.P16 (Vigilance report, dated 15.08.2023) requires action by the Travancore Devaswom Board. Citing the Travancore-Cochin Hindu Religious Institutions Act and the TAC Rules under Section 31A, the petitioner seeks immediate oversight and transparency, asserting misappropriation allegations and the need for Board supervision over TAC activities, including development and fund collection under printed coupons. The petitioner also relies on the earlier Ext.P15 judgment directing decision after considering Vigilance, with management of daily temple affairs by the Board via the Sub Group Officer while ensuring due process before any final action.

Contentions of Respondents

The respondents argue that after Ext.P15, the Board directed a reinvestigation due to deficiencies in Ext.P16’s initial report, to be conducted by the Vigilance Officer, with depositions recorded and proper audit. They contend that a full, fair enquiry is essential and must be concluded before any mandamus or audit directive, and that the Board must follow statutory provisions (Sections 3, 15A, 31, 31A of the 1950 Act) and the TAC Rules. They assert that a final decision should be taken in accordance with the ongoing reinvestigation findings, after hearing and receipt of a fresh report (Ext.R1(a)), and that a reasoned order within two months is required. They emphasise safeguards against improper fund collection (Clause (18)) and the Board’s duties to ensure rites, facilities, and proper administration under the Act.”},

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Major Vellayani Devi Temple Advisory Committee v. State of Kerala2023 (2) KHC 290PositiveCited to establish that the TD Board is duty-bound to ensure regular rites, proper temple facilities, and assistance by TAC to the Board under the Act.
Sunil Kumar C. v. Travancore Devaswom Board and others2022 (4) KHC 663PositiveCited to support interpretation of Section 31A and TAC Rules, particularly that development activities may be undertaken through TAC under Board supervision.
Chandu K. v. Travancore Devaswom Board and others2021 (3) KHC 379PositiveCited to reinforce that temple construction/repair/renovation can fall within TAC purview under Rule provisions.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Gopakumar P. v. Travancore Devaswom Board and Others and instantly map out authorities that support, challenge, or govern your position.

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 G. GIRISH ``` ``` WEDNESDAY, THE 28[TH] DAY OF FEBRUARY 2024/9TH PHALGUNA, 1945 ``` ``` WP(C) NO.41300OF 2023 ``` ## **`PETITIONER:`** ## **`GOPAKUMAR.P`** ``` AGED 55 YEARS, S/O PARAMESWARAN NAIR, KUNNIL VEEDU, THRIPADAPURAM KULATHUR.P.O, THIRUVANANTHAPURAM, PIN – 695 583 ``` ``` BY ADV D. AJITHKUMAR ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695 003`** - **`2 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695 003`** - **`3 DEPUTY DEVASWOM COMMISSIONER OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM GROUP, FORT.P.O, THIRUVANANTHAPURAM, PIN – 695 023`** - **`4 ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN – 695 011`** - **`5 THE SUB GROUP OFFICER THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN – 695 011`** 2 W.P.(C)No.41300 of 2023 ``` 6TEMPLE ADVISORY COMMITTEE THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN – 695 011 ``` ``` 7DR.P. RAKHAVAN S/O K.PAPPU, VAIKUNDAM, TC.NO.98/1001, A.R.A-192, NEAR GOVT. R.L.L.P.S, KULATHOOR.P.O, ARASUMMOODU, THIRUVANANTHAPURAM, PIN – 695 583 ``` ``` 8K. RAJAN NAIR S/O KRISHNA PILLAI.K, BHAVANISADANAM, THRIPPADA GIRI, KULATHOOR.P.O, THIRUVANANTHAPURAM, PIN – 695 583 ``` ``` 9VIGILANCE OFFICER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN – 695 003 ``` - **`*ADDL.R10 STATE OF KERALA,`** ``` REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 ``` - **`*ADDL.R11 DEPUTY DIRECTOR,`** ``` KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM-695003 (ARE IMPLEADED AS PER ORDER DATED 07.02.2024 IN WPC 41300/2023) ``` ``` BY ADVS. SANTHOSH KUMAR G SC,TDB P.MOHANDAS(ERNAKULAM) K.SUDHINKUMAR(K/572/2014) SRI. S. RAJ MOHAN SR. GP SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) R.BHASKARA KRISHNAN(K/000891/2016) BHARATH MOHAN(K/1392/2020) K.P.SATHEESAN (SR.)(S-242) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.41300 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner is a devotee of Thrippapoor Major Sree Mahadevar Temple, which is a temple under the management of the Travancore Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to conduct audit of the accounts of Thrippapoor Major Sree Mahadevar Temple Advisory Committee; a writ of mandamus commanding the 1[st] respondent Board to take action on Ext.P16 report dated 15.08.2023 of the Sub Inspector of Police in the Vigilance Wing of the Travancore Devaswom Board, forthwith. 2. The petitioner along with three other devotees of Thrippapoor Major Sree Mahadevar Temple had earlier approached this Court in W.P.(C)No.20753 of 2023, which was disposed of by Ext.P15 judgment dated 26.07.2023 with the directions contained in paragraph 18 of that judgment, which read thus: “18. In such circumstances, this writ petition is disposed of by directing the 1[st] respondent Travancore Devaswom Board to take an appropriate decision in the matter, after considering the report to be submitted by the 9[th] respondent Chief Vigilance and Security Officer, 4 W.P.(C)No.41300 of 2023 taking note of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, with notice to the petitioners and to the office bearers of the 6[th] respondent Temple Advisory Committee. Till such a decision is taken, the directions contained in the order of this Court dated 30.06.2023 shall continue to be in force and the entire activities in Thrippapoor Major Sree Mahadevar Temple shall be managed by the 1[st] respondent Travancore Devaswom Board through the 5[th] respondent Sub Group Officer, under the supervision of the 4[th] respondent Assistant Devaswom Commissioner.” 3. On 08.12.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 5 and 9. Notice on admission by speed post was ordered to respondents 6 to 8. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to the present stage of audit of accounts of the 6[th] respondent Temple Advisory Committee, from the year 2016-2017 onwards, and also the action, if any, taken based on Ext.P16 report dated 15.08.2023 of the Sub Inspector of Police in the Vigilance wing of the Travancore Devaswom Board, headed by the 9[th] respondent Chief Vigilance and Security Officer (Superintendent of Police). 5 W.P.(C)No.41300 of 2023 4. By the order dated 07.02.2024 in I.A.No.1 of 2024, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department and the Deputy Director, Kerala State Audit Department were impleaded as additional respondents 10 and 11. 5. Respondents 1 to 5 have filed a counter affidavit dated 10.01.2024, producing therewith Ext.R1(a) letter dated 13.11.2023 of the Secretary of the Travancore Devaswom Board, addressed to the Chief Vigilance Officer and Security Officer (Superintendent of Police). Paragraphs 2 to 5 of that counter affidavit read thus; “2. It is submitted that Thrippapoor Major Sree Mahadevar Temple is a temple coming within the Ulloor Group, Thrippapoor Sub Group of the Travancore Devaswom Board. The Petitioner and three others had submitted a representation before the Board seeking formation of the TAC at Thrippapoor Sree Mahadevar temple. Apart from that raising various allegations regarding misappropriation and illegal collection of funds by the then TAC, an enquiry was also sought by the Vigilance Wing of the Travancore Devaswom Board. The Petitioner and three others had thereafter preferred W.P.(C) No 20753 of 2023 and during the pendency of the said Writ Petition, the Board vide order dated 13.06.2023 had ordered Vigilance enquiry in the matter. Recording the said submission the aforesaid Writ petition was disposed vide Judgment dated 6 W.P.(C)No.41300 of 2023 26.07.2023 whereby directing the Board to take appropriate decision upon receiving the enquiry report of the Vigilance. 3. It may be noted that after obtaining Ext.P15 Judgment necessary steps were taken by these respondents for the management of the day to day affairs of the temple. However as regarding the Vigilance enquiry is concerned, report was submitted by the Superintendent of Police, Vigilance and Security office of the Travancore Devaswom Board on 15.08.2023 as revealed by Ext.P16. Against the Vigilance report, the erstwhile TAC also had preferred their complaint alleging various short comings during the enquiry. The said report was thereafter examined by the Board along with the complaint and the Board had felt that the report submitted by the Vigilance wing was without recording the depositions of the Devaswom Officials of that temple as well as without proper depositions from the devotees also. 4. In the said circumstance, the Board vide it's order dated 13.11.2023 had decided to direct a reinvestigation in the matter and to conduct the enquiry by the Superintendent of Police of the Vigilance wing directly. In the case of allegation raising misappropriation and illegal collection of funds by the then TAC, the Sub Inspector of Police of the Vigilance wing who had conducted the Enquiry ought to have recorded the depositions of the concerned Devaswom officials. A true copy of the letter dated 13.11.2023 issued by the Secretary of TDB to the Superintendent of Police communicating the Board decision is produced herewith and marked as Exhibit R1(a). 5. It is further Submitted that the Intention of the Board behind passing such an order of reinvestigation was only 7 W.P.(C)No.41300 of 2023 to find out the true and actual facts in the matter and thereafter to take a decision in the matter in the interest of Justice. Upon receiving the report after conducting the reinvestigation and proper enquiry, the Board is duty bound to consider and pass appropriate decision for the implementation of the recommendations made by the Vigilance. Reports Submitted by the Vigilance wing of the Travancore Devaswom Board before the Board is periodically submitted before this Hon'ble Court for detailed examination and further steps initiated upon the same.” 6. Respondents 7 and 8 have also filed a counter affidavit dated 12.02.2024, producing therewith Exts.R7(a) to R7(g) documents. 7. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 5 and 9, the learned Senior Government Pleader for additional respondents 10 and 11 and the learned counsel for respondents 7 and 8. 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 8 W.P.(C)No.41300 of 2023 Devaswoms shall vest in the Travancore Devaswom Board. 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. 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. 9. 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 sub-section (2) of Section 31A, the Temple Advisory 9 W.P.(C)No.41300 of 2023 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, with has been approved by this Court vide order dated 03.11.2011. in DBA No. 153 of 2009. 10. 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. 11. 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 10 W.P.(C)No.41300 of 2023 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. 12. As held by this Court in **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** , 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 temple under its management are performed promptly; and to establish and maintain proper facilities in the 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 the Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in the 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 11 W.P.(C)No.41300 of 2023 assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. 13. Clause (9) of the Rules deals with office bearers and their duties. Clause (9.1) deals with President, Clause (9.2) deals with Vice President, Clause (9.3.) deals with Secretary and Clause (9.4) deals with Treasurer. As per Clause (9) of the Rules, one 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 before the authorities in the 12 W.P.(C)No.41300 of 2023 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. ## 14. In **Sunil Kumar C. v. Travancore Devaswom** **Board and others [2022 (4) KHC 663]** this Court held that a reading of the provisions under Clause (9) of the Rules framed by the 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 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 the Maramath Department, it has to be undertaken through the Temple Advisory Committee constituted under Section 31A of the Act, under constant 13 W.P.(C)No.41300 of 2023 supervision and scrutiny by the concerned officers of the 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 the 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 Board through its officials in the Maramath Department, has to be undertaken through the Temple Advisory Committee. In **Sunil Kumar C.** this Court found that, in view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down in **Chandu K. v. Travancore Devaswom Board and others [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. 15. Clause (18) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from 14 W.P.(C)No.41300 of 2023 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. [2022 (4) KHC 663]** , this Court held that the provisions under Clause (18) of the said Rules provide sufficient safeguards to prevent the illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 16. In view of the provisions referred to hereinbefore and also the law laid down in the decisions referred to supra, in a temple under the management of the Travancore Devaswom Board, the Temple Advisory Committee constituted under Section 31A of the Act has to render necessary assistance to the Board and its officials to conduct the traditional rites and ceremonies according to the practice prevalent in that temple and to establish and maintain proper facilities in that temple to 15 W.P.(C)No.41300 of 2023 the devotees. Any collection of money from the devotees of a temple under the management of the Board, in connection with the annual festival or other ceremonies can be made only with the prior approval of the Board and against printed sealed coupons issued by the Assistant Devaswom Commissioner. The amount collected from the devotees will have to be accounted in the manner specified in clause (9) of the Rules and the accounts relating to the collection of funds, income and expenditure are to be audited, which shall be produced before the competent authority in the Board before the 30[th] April of every year. 17. Ext.P15 judgment dated 26.07.2023 in WP(C)No.20753 of 2023, which was one filed by the devotees of Thrippapoor Major Sree Mahadeva Temple, is one rendered by this Court, after taking note of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra. By that judgment the 1[st] respondent Board was directed to take an appropriate decision in the matter, after considering the report to be submitted by the 9[th] respondent Chief Vigilance and Security Officer, taking note of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, with notice to the petitioners therein and to the office bearers of the Temple Advisory Committee. 16 W.P.(C)No.41300 of 2023 18. From the stand taken in the counter affidavit filed in this writ petition by respondents 1 to 5, we notice that, after considering Ext.P16 report dated 15.08.2023 of the Chief Vigilance and Security Officer, the 1[st] respondent Board took a decision to conduct a further enquiry, by issuing Ext.R1(a) order dated 13.11.2023. The submission of the learned Standing Counsel for Travancore Devaswom Board is that in terms of that direction, the 9[th] respondent Chief Vigilance and Security Officer is personally conducting an enquiry and the report is expected to be submitted before the Board, before 15.03.2024. 19. During the course of arguments, the submission made by the learned counsel for respondents 7 and 8 is that Exts.P8 and P9 receipts produced along with the writ petition are not genuine. On a query made by this Court, the learned counsel for respondents 7 and 8 would submit that Exts.P2 and P4 to P7 receipts were issued by the Temple Advisory Committee of Thrippapoor Major Sree Mahadeva Temple. The amounts collected against those receipts are reflected in the accounts of the Temple Advisory Committee, which has already been submitted before the Assistant Devaswom Commissioner for audit. 17 W.P.(C)No.41300 of 2023 20. On the above submission made by the learned counsel for respondents 7 and 8, the learned counsel for the petitioner would point out the order of this Court dated 30.06.2023 in W.P.(C)No.20753 of 2023, which is extracted at page Nos.5 to 7 of Ext.P15 judgment of this Court. In paragraph 4 of that order, this Court noticed the submission made by the learned Counsel for respondents 6 to 8 therein, namely, the Temple Advisory Committee and respondents 7 and 8 herein, that Exts.P2 to P9 receipts were issued by the Temple Advisory Committee after collecting amounts from the devotees, in anticipation of the approval of the Board for collection of amounts from the devotees in connection with various rituals, festivals and development activities in the temple. Having considered the submissions made at the Bar, we notice that in the further enquiry by the 9[th] respondent Chief Vigilance and Security Officer, pursuant to Ext.R5(a) order dated 13.11.2023 of the 1[st] respondent Board, the report is expected to be submitted by 15.03.2024. Therefore, this writ petition is disposed of by directing the 1[st] respondent Board to take an appropriate decision in the matter in terms of the directions contained in Ext.P15 judgment, after considering the further report to be submitted by the 9[th] respondent Chief Vigilance and 18 W.P.(C)No.41300 of 2023 Security Officer. A copy of the report to be submitted by the Chief Vigilance and Security Officer shall be furnished to the petitioner and also to respondents 6 to 8 and thereafter the 1[st] respondent Board shall conduct a personal hearing, with proper notice to the petitioner and also respondents 6 to 8. It would be open to the petitioner and respondents 6 to 8 to submit written submissions before the 1[st] respondent Board, raising appropriate legal and factual contentions, which shall be dealt with appropriately while taking a decision. The order passed by the 1[st] respondent Board shall be a ‘reasoned order’ dealing with all such contentions, which shall be passed as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** ded 19 W.P.(C)No.41300 of 2023 ## **`APPENDIX OF WP(C) 41300/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 ``` ``` TRUE COPY OF THE BYE LAWS OF THE TEMPLE ADVISORY COMMITTEE OF THE TRAVANCORE DEVASWOM BOARD VIDE ROC.NO.1809/09/N.S DATED 30.11.2011 ``` ``` EXHIBIT P2 ``` ``` TRUE COPY OF RECEIPT NO. 419 FOR RS.5000/- ISSUED TO P. GOPAKUMAR DATED 5.4.2019 ``` - **`EXHIBIT P3`** ``` TRUE COPY OF RECEIPT NO. 1488 FOR RS.20,000/- ISSUED TO P. GOPAKUMAR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 6.1.2022 ``` ``` EXHIBIT P4TRUE COPY OF RECEIPT NO.182 FOR RS.1000/- ISSUED TO GOPAKUMAR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 3.4.99 ``` ``` EXHIBIT P5TRUE COPY OF RECEIPT NO.035 FOR RS.2000/- ISSUED TO GOPAKUMAR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 15.4.2021 ``` - **`EXHIBIT P6`** ``` TRUE COPY OF RECEIPT NO.977 FOR RS.10,000/- ISSUED TO VIKRAMAN NAIR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 10.4.2022 ``` - **`EXHIBIT P7`** ``` TRUE COPY OF RECEIPT NO.482 FOR RS.10,000/- ISSUED TO VIKRAMAN NAIR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 01.8.2022 ``` - **`EXHIBIT P8`** ``` TRUE COPY OF RECEIPT NO. 1405 FOR RS.10,000/- ISSUED TO VIKRAMAN NAIR BY MAJOR THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM DATED 18.11.2022 ``` ``` EXHIBIT P9TRUE COPY OF RECEIPT NO.1453 FOR RS.10,000/- ISSUED TO JAYAKUMAR 20.5.2022 EXHIBIT P10TRUE COPY OF THE PUBLIC NOTICE SEEKING COLLECTION OF FUND IN THE NAME OF 'UDAYASSTHAMANA POOJA' AND A BANK ACCOUNT NUMBER HAS BEEN MENTIONED THEREIN AS A/C.NO 67360449378 OF SBI, KARYAVATTOM ``` 20 W.P.(C)No.41300 of 2023 ``` BRANCH FOR REMITTING MONEY FOR THE SAID 'POOJA' ISSUED BY 7TH AND 8TH RESPONDENTS ``` - **`EXHIBIT P11`** ``` TRUE COPY OF THE CIRCULAR FAO.NO.330/12/N.S. DATED 01.08.2013 ISSUED BY FINANCE & ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD ``` ``` EXHIBIT P12TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD ``` ``` EXHIBIT P13TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT ``` - **`EXHIBIT P14`** ``` TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT ``` ``` EXHIBIT P15TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 20753 OF 2023 OF THE HON'BLE HIGH COURT OF KERALA DATED 26.7.2023 ``` - **`EXHIBIT P16 TRUE COPY OF THE REPORT SUBMITTED BY SUB INSPECTOR OF POLICE UNDER THE 9TH RESPONDENT BEFORE THE 9TH RESPONDENT DATED 15.8.2023`** - **`EXHIBIT P17 TRUE COPY OF THE INFORMATION UNDER RIGHT TO INFORMATION ACT DATED 25.10.2023 AS PER ROC.NO.10436/23/B/288/SPIO GIVEN BY STATE PUBLIC INFORMATION OFFICER (INCHARGE), TRAVANCORE DEVASWOM BOARD TO ONE ANILKUMAR`** ``` RESPONDENT EXHIBITS ``` - **`EXHIBIT R1(a)`** ``` TRUE COPY OF THE LETTER DATED 13/11/2023 ISSUED BY THE SECRETARY OF TDB TO THE SUPERINTENDENT OF POLICE COMMUNICATING THE BOARD DECISION. ``` ``` EXHIBIT R7(a) ``` ``` TRUE COPY OF THE REQUEST MADE BY THE 7TH RESPONDENT TO THE SUB GROUP OFFICER, THRIPPAPPOOR DEVASWOM DATED 21-08-2022 ``` 21 W.P.(C)No.41300 of 2023 ``` EXHIBIT R7(b)TRUE COPY OF THE 'ANUJNA' (CONSENT) GIVEN BY THE THANTHRI TO THE 7TH RESPONDENT DATED 16-08-2022 ``` ``` EXHIBIT R7(c)TRUE COPY OF THE LETTER WRITTEN BY THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION) TO THE ASSISTANT DEVASWOM COMMISSIONER, ULLOOR DATED 29- 12-2022 ``` ``` EXHIBIT R7(d)TRUE COPY OF THE PHOTOGRAPH SHOWING THE STAGE OF THE FOUNDATION STONE OF THE 'NADAPANDAL' ``` ``` EXHIBIT R7(e) TRUE COPY OF THE NOTICE PUBLISHED BY THE VALLATHODE SREE THMPURAN TEMPLE UTHSAVA COMMITTEE PROPOSING TO CONDUCT THE UTHSAVAM OF THE TEMPLE FROM 23-01-2024 TO 27-01-2024 ``` ``` EXHIBIT R7(f)TRUE COPY OF THE PHOTOGRAPH SHOWING THE CONDITION OF THE TEMPLE AT THAT TIME (BEFORE RENOVATION) ``` ``` EXHIBIT R7(g)TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT STAGE OF THE TEMPLE WITH 'NADAPANDAL' ```