Hindu Seva Kendram v. State of Kerala and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` WEDNESDAY, THE 18[TH] DAY OF OCTOBER 2023 / 26TH ASWINA, 1945 ``` ## **`WP(C) NO. 10154 OF 2023`** ## **`PETITIONER/S:`** ``` HINDU SEVA KENDRAM REG. NO.563/IV/2019 68/991, 2ND FLOOR, THARAKANS COMPLEX, K.K.PADMANABHAN ROAD, ERNAKULAM NORTH.P.O. KOCHI-682 018, REPRESENTED BY ITS TREASURER, SREEKUMAR MANKUZHY, PIN - 682018 ``` ``` BY ADVS. R.KRISHNA RAJ ``` ``` E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A. R.PRATHEESH (ARANMULA) ``` ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT`** ``` *[DEPARTMENT OF DEVASWOM,] KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 *[AS PER ORDER DATED 23/03/2023 IN WP(C) 10154/2023 DESCRIPTION OF R1 IS CORRECTED AS REVENUE (DEVASWOM) DEPARTMENT, INSTEAD OF DEPARTMENT OF DEVASWOM], PIN - 682031 ``` ``` 2 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX ERANHIPALAM P.O., KOZHIKODE, PIN - 673003 ``` ``` 3 THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX ERANHIPALAM P.O., KOZHIKODE, PIN - 673003 ``` W.P.(C)No.10154 of 2023 2 - **`4 THE EXECUTIVE OFFICER THIRUMANDHAMKUNNU BHAGAVATHI DEVASOM ANGADIPPURAM.P.O., MALAPPURAM DIST-679 321, PIN - 679321`** - **`5 M.C.SREEDHARA VARMA RAJA TRUSTEE, THIRUMANDHANKUNNU BHAGAVATHI DEVASOM ANGADIPURAM P.O, MALAPPURAM DIST, PIN - 679321`** - **`6 M.R.MURALI`** ``` PRESIDENT, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE, PIN - 673003 ``` - **`*7 EXECUTIVE OFFICER CHAMRAVATTOM SREE AYYAPPA TEMPLE, CHAMRAVATTOM, MALAPPURAM-679 321.`** - **`*[IMPLEADED AS ADDITIONAL 7[TH] RESPONDENT AS PER ORDER DATED 18.10.2023 IN I.A.NO.1 OF 2023]`** - **`**8 DEPUTY DIRECTOR, STATE AUDIT DEPARTMENT, MALABAR DEVASWOM BOARD AUDIT, KOZHIKODE-673 020`** ``` IS SUO MOTU IMPLEADED AS ADDL R8 IN THIS WRIT PETITION AS PER ORDER DATED 18.10.2023 ``` ``` BY ADVS.PUBLIC PROSECUTOR Lakshmi Narayan R. MAHESH V RAMAKRISHNAN Aswini Sankar R. S . KRISHNA RAJ T.RAMPRASAD UNNI(K/962/1992) S.M.PRASANTH(K/957/1994) T.H.ARAVIND(K/000266/2017) K.RAMAKUMAR (SR.)(R-245) ``` ## **`OTHER PRESENT:`** ## **`SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI R.LAKSHMI NARAYAN - STANDING COUNSEL-MALABAR DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C)No.10154 of 2023 3 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, namely, Hindu Seva Kendram, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the decision taken by the 2[nd] respondent Malabar Devaswom Board constituting an organising committee consisting of non-Hindus, as seen in Ext.P1, for the conduct of Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 not to conduct a public meeting on 01.04.2023, with the participation of political personalities, as part of Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple; and a writ of mandamus commanding respondents 1 to 5 to strictly follow the provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder and restrain the entry of non-Hindus into Sree Thirumandhamkunnu Bhagavathy Temple, including the members of the organising committee. The 4[th] respondent is the Executive Officer of Sree Thirumandhamkunnu Bhagavathy Devaswom and the 5[th] respondent is the hereditary trustee of the said Devaswom. 2. On 12.03.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on W.P.(C)No.10154 of 2023 4 admission for the 1[st] respondent State. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 2 and 3. Urgent notice on admission by special messenger was ordered to respondents 4 and 5, returnable by 27.03.2023. The service of notice on the 6[th] respondent was dispensed with for the time being. The learned Standing Counsel for Malabar Devaswom Board was directed to get instructions. 3. On 30.03.2023, when this writ petition came up for consideration along with the connected matter i.e., W.P.(C)No.10406 of 2023, this Court passed a detailed order, wherein it was made clear that in the absence of a committee consisting of the devotees, constituted under the provisions contained in Circular No.HRH5/8246/2006 dated 15.06.2007, the entire activities in connection with Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple shall be conducted by the temple administration and ‘Pooram-2023 Sangadaka Samithi’ cannot meddle with any such matters. The question as to whether the expenditure to be incurred by Sree Thirumandhamkunnu Bhagavathy Devaswom for conducting a ‘cultural meeting’ on 01.04.2023 and that to be incurred in connection with ‘Mandandri Puraskara Samarpanam’ falls outside the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Madras W.P.(C)No.10154 of 2023 5 Hindu Religious and Charitable Endowments Act will be decided in this writ petition. Any expenditure incurred by the Devaswom in that regard, which is beyond the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Act shall attract the provisions under sub-section (8) of Section 74. 4. The 4[th] respondent has filed a counter affidavit dated 28.03.2023. The 5[th] respondent has filed a counter affidavit dated 01.05.2023. Respondents 2 and 3 have filed a counter affidavit dated 26.06.2023. Along with I.A.No.5 of 2023, the petitioner has placed on record Exts.P6 to P11 photographs, which were taken during temple festival, in which certain persons are seen standing near the 'Kodimaram', wearing footwear. 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader, the learned Standing Counsel for Malabar Devaswom Board and also the learned counsel for the Executive Officer and the learned counsel for the 5[th] respondent hereditary trustee of the temple. 6. The main grievance of the petitioner is regarding the constitution of a festival committee for conducting annual festival in Sree Thirumandhamkunnu Bhagavathy Temple. That issue has already been considered in detail in the order dated 30.03.2023 - **Hindu Seva Kendram v. State of Kerala and others** [ **2023 (3)** W.P.(C)No.10154 of 2023 6 **KHC 258** ]. The said order shall be read as part of this judgment. The directions contained in that order are made absolute. 7. Now the issue that remains consideration is as to whether the expenditure to be incurred by Sree Thirumandhamkunnu Bhagavathy Devaswom for conducting a ‘cultural meeting’ on 01.04.2023 and that to be incurred in connection with ‘Mandandri Puraskara Samarpanam’ falls outside the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Madras Hindu Religious and Charitable Endowments Act will be decided in this writ petition. Any expenditure incurred by the Devaswom in that regard, which is beyond the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Act shall attract the provisions under sub-section (8) of Section 74. 8. On 30.03.2023, during the course of arguments, the learned counsel on both sides referred to various provisions under Chapter VII of the Madras Hindu Religious and Charitable Endowments Act, which deals with budgets, accounts and audit. Section 70 of the Act deals with budgets of religious institutions. As per sub-section (2) of Section 70, every budget of a religious institution shall make adequate provision for the matters enumerated in clauses (a) to (d) thereof. Section 71 of the Act deals W.P.(C)No.10154 of 2023 7 with accounts and audit and Section 74 deals with rectification of defects disclosed in audit and the order of surcharge against the trustees, etc. The submission of the learned counsel for the petitioner is that the expenditure to be incurred by the Devaswom for conducting a ‘cultural meeting’ on 01.04.2023 and that to be incurred in connection with ‘Mandandri Puraskara Samarpanam’ falls outside the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70. With reference to the allegations in the 5[th] paragraph (at page No.8) of this writ petition, the learned counsel for the 4[th] respondent Executive Officer would submit that the Devaswom has already incurred that expense in connection with ‘Mandandri Puraskara Samarpanam’. 9. On 28.03.2023, the learned counsel for the 4[th] respondent has made available for the perusal of this Court the minutes books of ‘staff meetings’, ‘hereditary trustee meetings’ and ‘Pooram-2023 Sangadaka Samithi meetings’. It is not discernible from the minutes book of ‘hereditary trustee meetings’ or ‘Sangadaka Samithi meetings’ as to whether the 5[th] respondent hereditary trustee or his representatives had any role in the decisionmaking process regarding the constitution of ‘Sangadaka Samithi’, the conduct of a ‘cultural meeting’ or ‘Mandandri Puraskara Samarpanam’. W.P.(C)No.10154 of 2023 8 10. In the instant case, admittedly, the administration of Sree Thirumandhamkunnu Bhagavathy Temple is with the sole hereditary trustee, who is arrayed as the 5[th] respondent, who is duty bound to preserve and have matters of religion in the temple in terms of such customs, practices and usages. Matters relating to customs, usages and practices include matters relating to festivals and organising different functions in connection with the rituals of the temple. 11. Relying on the decision of this Court in **Zamorin Raja of Calicut v. State of Kerala [2022 (3) KLT 601]** the learned counsel for the 4[th] respondent Executive Officer would contend that the activities in connection with the conduct of a ‘cultural meeting’ during Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple is a secular activity subservient to the law coming under Article 26(d) of the Constitution of India. The learned Standing Counsel for Malabar Devaswom Board would argue that, although the idea of secularism may have been borrowed in the Indian Constitution from the West, it has adopted its own unique brand of secularism based on its particular history and exigencies which are far removed in many ways from secularism as it is defined in European countries, United States of America and Australia. 12. As held in the order dated 30.03.2023, a temple festival has to be conducted in accordance with the custom, rituals and W.P.(C)No.10154 of 2023 9 practices of a temple. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. See: **Major Vellayani Devi Temple Advisory Committee v. State of Kerala** **[2023 (2) KHC 290]** . Similarly, cultural or social activities unconnected with temple worship have no role to play in temple festivals. 13. It is for the petitioner to file a petition before the 3[rd] respondent Commissioner, Malabar Devaswom Board invoking the provisions under Section 18 of the Act pointing out his grievance regarding the expenditure incurred by the Devaswom in connection with ‘Mandandri Puraskara Samarpanam’, that it falls outside the scope of the matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Act. As already noticed in the order dated 30.03.2023, any expenditure incurred by the Devaswom in that regard, which is beyond the scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of the Act shall attract the provisions of sub-section (8) of Section 74 of the Act. In case the petitioner is filing such a petition before the 3[rd] respondent Commissioner, Malabar Devaswom Board, within a period of three weeks from the date of receipt of a certified copy of this judgment, the said respondent shall consider the same and pass appropriate orders thereon, after obtaining the remarks of the additional 8[th] W.P.(C)No.10154 of 2023 10 respondent Deputy Director, State Audit Department, Malabar Devaswom Board Audit, Kozhikode, with notice to the petitioner, the 4[th] respondent Executive Officer and the 5[th] respondent hereditary trustee and after affording them an opportunity of being heard, as expeditiously as possible, at any rate, within a further period of three months. This writ petition is disposed of as above. **Sd/-** **Sd/SOPHY THOMAS, JUDGE** Dxy W.P.(C)No.10154 of 2023 11 ## **`APPENDIX OF WP(C) 10154/2023`** ``` PETITIONER EXHIBITS ``` - `Exhibit P-1 TRUE COPY OF THE RELEVANT PAGES OF BROCHURE OF THIRUMADHAMKUNNU POORAM DATED NIL` - `Exhibit P-2 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE TEMPLE AND OTHER BUILDINGS PAINTED WITH GREEN COLOUR DATE NIL` - `Exhibit P-3 TRUE COPY OF THE INFORMATION GIVEN BY THE VILLAGE OFFICER, KURUVA TO MR. NARUKARA GOPI DATED NIL` - `Exhibit P-4` ``` TRUE COPY OF THE NOTICE DATED NIL ``` ``` Exhibit P-5 ``` ``` TRUE COPIES OF THE SCREENSHOT OF THE FACEBOOK POSTS OF THE PRESENT EXECUTIVE OFFICER OF THE THIRUMANDHAMKUNNU TEMPLE DATED NIL ``` ``` Exhibit P-6 TRUE COPY OF THE PHOTOGRAPH DATED NIL ``` ``` Exhibit P-7 TRUE COPY OF THE PHOTOGRAPH DATED NIL Exhibit P-8 TRUE COPY OF THE PHOTOGRAPH DATED NIL Exhibit P-9 TRUE COPY OF THE PHOTOGRAPH DATED NIL Exhibit P-10 TRUE COPY OF THE PHOTOGRAPH DATED NIL Exhibit P-11 TRUE COPY OF THE PHOTOGRAPH DATED NIL ```