Hindu Seva Kendram v Travancore Devaswom Board and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 ``` **==> picture [152 x 10] intentionally omitted <==** ## **`PETITIONER:`** ``` 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. BY ADVS. R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A. ``` ## **`RESPONDENTS:`** ``` 1TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY. ``` ``` 2ASSISTANT DEVASWOM COMMISSIONER THIRUVALLA GROUP, KIZHAKUMMURI, THIRUVALLA, PATHANAMTHITTA - 689102. ``` - **`3 *{THE SUB-GROUP OFFICER KORATTI, MANNAR, ALAPPUZHA - 689622.}`** ``` *{THE STATUS OF SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, KORATTI, KANNR, ALAPPUZHA-689 622 IS SUO MOTU CORRECTED AS PER ORDER DATED 28/06/2022 IN WP(C) 15764/2022} ``` 2 WP(C)NO.15764 OF 2022 - **`4 ADDL.R4 THE STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION, PATHANAMTHITTA, PIN - 689 104`** ``` [IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER DATED 28/06/2022 IN WP(C) 15764/2022] ``` ``` BY ADV G.SANTHOSH KUMAR (P). ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WP(C)NO.15764 OF 2022 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board to reconstruct or renovate Sree Kurumbeswaram Maha Vishnu Temple, Parumala, which is under the management of the Board, as undertaken before the learned Ombudsman in Complaint No.113 of 2019, as borne out from Ext.P1 order dated 14.11.2019. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent Board to conduct a proper survey of the properties as per the Asset Register and Land Revenue Records and find out the actual extent of the property of Sree Kurumbeswaram Devaswom under Koratty Sub-Group, Thiruvalla and to take appropriate steps to see that the encroachments are evicted; and to conduct an enquiry about the situation under which the buildings were constructed in the property of Sree Kurumbeswaram Maha Vishnu Temple, which are kept unused and submit a report before this Court. The grievance of the petitioner is against inaction on the part of the 1[st] respondent Board in reconstructing and maintaining Sree Kurumbeswaram Maha Vishnu Temple, Parumala, in spite of the 4 WP(C)NO.15764 OF 2022 assurance given by the Board before the learned Ombudsman that an amount of Rs.24,32,000/- has been allotted for the reconstruction as early as in the year 2019. Along with the writ petition, the petitioner has placed on record Ext.P4 photographs to show the deplorable condition of the temple structures. Few photographs are reproduced hereunder; **==> picture [260 x 165] intentionally omitted <==** **==> picture [260 x 137] intentionally omitted <==** **==> picture [254 x 133] intentionally omitted <==** 5 WP(C)NO.15764 OF 2022 2. Going by the averments in the writ petition, the temple compound is having an extent of 2 Acres. In the said compound, the 1[st] respondent Board constructed two buildings for accommodating additional classrooms for plus two course in the Devaswom Board School at Parumala. After sometime, those buildings remained unused or unoccupied. In the middle of the compound there exists a huge circular basement of Sreekovil of the temple. In the middle of that circular basement, there is a Peedam of the deity with more than 10 meters long Pranaala. On the circular basement of Sreekovil, there are 3 huge trees. On the side of the Sreekovil, there is Thidappalli, which is also in a totally dilapidated condition, covered with wild growth. The Temple Advisory Committee of the nearby temple, i.e., Sree Thiruvaarmangalam Mahadeva Temple filed Complaint No.113 of 2019 requesting the Ombudsman to interfere in the matter. In that complaint, the Secretary of the 1[st] respondent Board had informed the learned Ombudsman that an estimate for an amount of Rs.24,32,000/- has already been sanctioned for the renovation of the temple. Based on that submission, the learned Ombudsman closed that complaint on 14.11.2019. But till date, no action whatsoever has been taken by the 1[st] respondent Board, in renovating the temple by installing the deity. In view of the deplorable 6 ## WP(C)NO.15764 OF 2022 condition of the temple, there were protest from the devotees. Therefore, the 3[rd] respondent Sub Group Officer engaged workers to clear the wild growth on 06.05.2022. On 07.05.2022, the President of the Board convened a meeting of the devotees and assured that an amount of Rs.36 lakhs will be allotted for the reconstruction of the temple and the works will be started soon. Now the attempt of the Board is to cut and remove huge trees standing in that property under the guise of reconstruction of the temple even before taking any concrete steps in that regard. 3. On 10.05.2022, when this writ petition came up for admission, the learned Standing Counsel took notice for the respondents and sought time to get instructions. 4. On 07.06.2022, this Court passed an order directing the 3[rd] respondent Sub Group Officer to personally present before this Court on 10.06.2022 at 2.00 p.m., along with the relevant files to give explanation for the state of affairs of Kurumbeswaram Sree Maha Vishnu Temple, as reflected in Ext.P4 series of photographs. 5. The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 to 3. Paragraphs 4 to 11 of that statement reads thus:- 7 ## WP(C)NO.15764 OF 2022 “4. It is submitted that Kurumbeswaram Devaswom is a Grade-III petty Devaswom in Thiruvalla Group, Thrikkurutti Sub-Group and the same is situated in Thiruvalla Taluk Kadapra village in old Sy. No 74/3 and Re. Sy. No.268/7 having an extent of 1 Acre 37 Cents owned by Travancore Devaswom Board. 5. In the aforementioned temple, religious rituals and idol worship are not been conducting approximately for last 80 years as there is no consecrated idol. At present the only Panchavargathara, Pidam and Thidappalli are existing and that too in a dilapidated condition. 6. It is submitted that for reconstructing the said temple, the Travancore Devaswom Board had initiated steps to conduct a Devaprashnam and conducted the same on 03/02/2018 and as per the decision derived in Devaprashnam, on 18/03/2019 an estimate was received from Public Works Department for Rs 24,32,000/-. Even though the sanction was granted by the Board, tender could not be held. On 07/04/2022, a revised estimate was received from Public Works Department for Rs.36,57,500/- An estimate for compound wall is also received from Public Works Department. 7. The said landed property of Devaswom is bounded two sides by compound wall (North and West side), a footing foundation (South Side) and there is no compound wall or footing foundation on the East side and through this East side the Panchayath road is passing. 8. In the said property, a building was constructed for the purpose of conducting a Higher Secondary School with 11 class 8 ## WP(C)NO.15764 OF 2022 rooms and it was functioning till the year 2000 and the said Higher Secondary School was shifted to the compound of Parumala Devaswom board by constructing a new building in the same year and the school is functioning there presently. The former building is not in usage from that date of shifting of the school. Earlier there was a proposal for starting a law college at the aforesaid building, however the same was not permitted by the board. Presently discussions are going on for reconstructing the building which was used as school to an auditorium. 9. On 29/05/2022, a Temple Advisory committee was formed in Kurumbeswaram Devaswom and it was decided to work with Travancore Devaswom Board for the reconstruction of the said temple. At present the said land is cleared and cleaned from shrubs and plants. However for proper cleaning of the premises and for renovation purposes, certain trees are to be removed off. But certain devotees attached to the petitioner are raising unnecessary obstructions against cutting of trees. 10. It is to be submitted that at present the 3[rd] respondent is holding the charge of three Sub groups viz. Thrikkurutti, Anirudweshwaram and Thiruvandoor. He had assumed charge as Thrikkurutti Sub-group officer from 29/07/2020 and 14 devaswoms are coming under the Thrikkurutti Sub group alone which includes the temple of this writ petition also. The 3[rd] respondent also holds additional charge of Anirudweshwaram Sub-group where seven Devaswoms are functioning and he is also in additional charge of Thiruvandoor Sub-group where five Devaswoms are functioning. 9 WP(C)NO.15764 OF 2022 11. It is further submitted that the Temple Advisory Committee of Thiruvarmangalam Sree Mahadeva temple had preferred complaint No.102/2021 before the Hon'ble Ombudsman for Travancore and Cochin Devaswom Boards seeking renovation and reconstruction of Sreekovil for Mahavishnu. Sastha and Nagaraja of Kurumbeswaram Devaswom. The said complaint was closed vide order dated 19/05/2022 taking note of the report submitted by the Executive Engineer, Mavelikkara stating that the estimate for the work has already been submitted to the Chief Engineer and it is also assured that the work will be tendered at the earliest after obtaining administrative sanction.” 6. On 28.06.2022 when this writ petition came up for consideration, the 3[rd] respondent Sub Group Officer was personally present in Court with the relevant files. He made available for the perusal of this Court the photographs of the temple compound after clearing the bushes. He submitted that for the reconstruction of the temple a proposal has already been forwarded to the 1[st] respondent Board. The revised estimate is now pending approval before the Chief Engineer. The learned counsel for the petitioner pointed out that the building constructed in the temple compound for the purpose of conducting Higher Secondary School is now occupied by anti-social elements, causing inconvenience to the residents in the locality. The 3[rd] 10 WP(C)NO.15764 OF 2022 respondent Sub Group Officer submitted that he had already submitted a complaint before the additional 4[th] respondent Station House Officer, Pulikeezhu Police Station, which is pending consideration. Therefore, by order dated 28.06.2022, the learned Senior Government Pleader was directed to get instructions from the Station House Officer as to the action taken on the complaint made by the 3[rd] respondent. 7. Heard the learned counsel for the petitioner and the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3 and also the learned Senior Government Pleader for the additional 4[th] respondent, the Station House Officer. 8. Travancore-Cochin Hindu Religious Institutions Act, 1950 (for brevity ‘the Act’) 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. 9. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom 11 ## WP(C)NO.15764 OF 2022 Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. 10. 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 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 12 WP(C)NO.15764 OF 2022 servants of the Board and of the Devaswom Department. 11. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational uplift, social and cultural advancement and economic betterment of the Hindu community. 12. Section 27 of the Act deals with Devaswom properties. As per Section 27, immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30[th] Meenam, 1097 corresponding to the 12[th] April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 (IV of 1091) shall be applicable to Devaswom lands as in the case of 13 WP(C)NO.15764 OF 2022 Government lands. 13. 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. 14. In **A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/archakas/shebaits/ employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fences eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and 14 WP(C)NO.15764 OF 2022 safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 15. In **Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132]** a Division Bench of this Court noticed that, in **A.A.** **Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. That was a case wherein the alleged encroachment of Temple property was raised in a complaint filed by a devotee. The Division Bench noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Advisory Committee, which was formed by the devotees of the Temple about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in the proceedings in DBP No.21 of 2009 and the CRPs filed under 15 WP(C)NO.15764 OF 2022 Section 103 of the Kerala Land Reforms Act. 16. The deplorable condition of the temple structures of Sreekurumbeswaram Maha Vishnu Temple is evident from Ext.P4 photographs placed on record. Few photographs, which are marked as Ext.P4, have already been reproduced hereinbefore at paragraph 1. During the pendency of this writ petition the entire temple compound has been cleaned by clearing the bushes and plants, as pointed out by the learned Standing Counsel for Travancore Devaswom Board. The learned Senior Government Pleader on instructions from the additional 4[th] respondent Station House Officer would submit that based on the complaint made by the 3[rd] respondent Sub Group Officer the police is having a constant vigil in the locality in order to ensure that the building constructed in the compound of Sreekurumbeswaram Maha Vishnu Temple, which is lying unoccupied, is not occupied by anti-social elements. 17. As borne out from the affidavit filed by the 1[st] respondent, the temple is situated in 1.37 Acres of land. There is no religious rituals or idol worship in the temple for last eight years as there is no consecrated idol. At present there is only Panchavargathara, Peedam and Thidappalli, which are in a dilapidated condition. In order to 16 ## WP(C)NO.15764 OF 2022 reconstruct the temple, the Board conducted a Devaprasnam on 03.02.2018 and thereafter on 18.03.2019 an estimate was prepared for Rs.24,32,000/-. Even though sanction was granted by the Board, the work could not be tendered. On 07.04.2022 a revised estimate was prepared for Rs.36,57,500/-. On 29.05.2022 a Temple Advisory Committee was formed in Sreekurumbeswaram Maha Vishnu Temple and it was decided to proceed with the reconstruction of the temple. Discussions are going on for reconstructing the building constructed for the Higher Secondary School with 11 classrooms as an auditorium. 18. The learned Standing Counsel for Travancore Devaswom Board would submit that the estimate submitted by the Executive Engineer, Mavelikkara for the renovation and reconstruction of the Sreekovil of Maha Vishnu Sastha and Nagaraja of Sreekurumbeswarm Maha Vishnu Devasthanam is now pending consideration before the Chief Engineer. In such circumstances, this writ petition is disposed of by directing the 1[st] respondent Board to take necessary steps to reconstruct Sreekurumbeswaram Maha Vishnu Temple based on the estimates, which are pending approval before the Chief Engineer. Based on the approval to be granted by the Chief Engineer, the 1[st] respondent Board 17 WP(C)NO.15764 OF 2022 shall consider that issue and take an appropriate decision thereon, 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. While reconstructing the temple the trees standing in the temple property should be preserved to the maximum extent possible. Unnecessary cutting and removal of trees or its branches shall be avoided. The additional 4[th] respondent Station House Officer shall ensure that the police is having a constant vigil in the locality in order to ensure that the buildings in the temple compound are not occupied by anti-social elements. Sd/- **ANIL K.NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** DCS/22.09.2022 18 WP(C)NO.15764 OF 2022 ## **`APPENDIX OF WP(C) 15764/2022`** ``` PETITIONER EXHIBITS Exhibit P1 ``` ``` Exhibit P1TRUE COPY OF THE ORDER OF THE OMBUDSMAN DATED 14.11.2019. Exhibit P2TRUE COPY OF THE ESTIMATE PRODUCED BY THE ASSISTANT ENGINEER, THIRUVALLA DATED 21.05.2020. Exhibit P3TRUE COPY OF THE ESTIMATE PRODUCED BY THE ASSISTANT ENGINEER, THIRUVALLA DATED 27.04.2020. Exhibit P4TRUE COPY OF THE PHOTOGRAPHS SHOWING THE TEMPLE REMAINS DATED NIL. ```