In the matter of Cochin Devaswom Board – Thriprayar Sreerama Swamy Temple – Suo Motu Proceedings initiated based on a complaint dated 31.10.2022

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 16[TH] DAY OF NOVEMBER 2022/25TH KARTHIKA, 1944 ``` ## **`DBP NO.69 OF 2022`** ``` IN THE MATTER OF COCHIN DEVASWOM BOARD – THRIPRAYAR SREERAMA SWAMY TEMPLE – MATTER PERTAINING TO DIFFICULTIES FACED BY THE DEVOTEES – SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED ``` ``` 31.10.2022 - REG. ------------ ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA, REPRESENTED BY THE PRINCIPAL`**| |---|---| ||**`SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM)`**| ||**`DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM`**| ||**`- 695001.`**| |**`2`**|**`THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS`**| ||**`SECRETARY, ROUND NORTH, THRISSUR - 680001.`**| |**`3`**|**`DEVASWOM OFFICER, SREERAMA SWAMY TEMPLE, TEMPLE ROAD`**| ||**`VALAPAD P.O., THRISSUR DISTRICT, THIPRAYAR, KERALA -`**| ||**`680657.`**| |**`4`**|**`THE TEMPLE ADVISORY COMMITTEE, REPRESENTED BY ITS`**| ||**`SECRETARY, THRIPRAYAR SREERAMA SWAMY TEMPLE, VALAPAD`**| ||**`P.O., THRISSUR DISTRICT, THRIPRAYAR, KERALA - 680567.`**| ``` BY SRI. K.P.SUDHEER, SC, CDB SRI.S.RAJMOHAN, SR.GOVT.PLEADER ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- DBP No.69 of 2022 ## **ORDER** Anil K. Narendran, J. This DBP is registered _suo motu_ based on a complaint dated 31.10.2022 of a devotee by name Padma K.N., a senior citizen aged 62 years, who had ‘darshan’ at Thriprayar Sreerama Swamy Temple on 30.10.2022, along with her husband aged 72 years, her son and daughter-in-law and also her grandchildren aged 7 and 4 years respectively. The complaint contain a detailed narration of the difficulties faced by her and her family members in connection with Annadanam. There was no facility for supply of drinking water to the devotees waiting in the queue for Annadanam and the place where Annadanam is conducted was not maintained clean and hygiene. 2. On 08.11.2022, when this DBP came up for consideration, the learned Standing Counsel for Cochin Devaswom Board, on instructions, submitted that the allegations contained in the complaint dated 31.10.2022, which forms part of this DBP, are factually correct to a large extent. The learned Senor Government Pleader took notice for -4- DBP No.69 of 2022 the 1[st] respondent and the learned Standing Counsel for Cochin Devaswom Board took notice for respondents 2 and 3. This Court issued noticed to the 4[th] respondent, through the 3[rd] respondent Devaswom Officer. 3. On 08.11.2022, having considered the averments in the complaint dated 31.10.2022 and the submissions made by the learned Standing Counsel for the Cochin Devaswom Board and also the learned Senior Government Pleader, this Court directed the concerned Assistant Devaswom Commissioner and the 3[rd] respondent Devaswom Officer of Thriprayar Sreerama Swami Temple to provide drinking water facility to the devotees waiting in the queue for Annadanam. It was also directed that the devotees shall be provided with proper facilities for washing their hands, before and after Annadanam. Sufficient seating facilities shall be provided in the hall in which Annadanam is being conducted. The hall and the premises shall be maintained clean and hygiene, which shall be ensured by the 3[rd] respondent Devaswom Officer and the 4[th] respondent Temple Advisory Committee at regular intervals. Proper sanitation facilities shall be provided in the -5- DBP No.69 of 2022 temple premises. By the said order, the concerned Assistant Devaswom Commissioner was directed to take photographs, on that day itself, showing the state of affairs in the Annadanam hall in the temple premises, and to make it available for the perusal of this Court, on the next posting date, through the learned Standing Counsel for the Cochin Devaswom Board. 4. On 15.11.2022, when this matter came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that affidavit of respondents 2 and 3 is being filed. 5. Today, individual affidavits of respondents 2 and 3 are placed on record. Paragraphs 2 and 3 of the affidavit filed by the 3[rd] respondent Devaswom Officer read thus; “2. The above DBP was registered suo motu by this Honourable Court based on a complaint dated 31.10.2022 by a devotee by name Padma K.N. By order dated 08.11.2022, this Honourable Court directed the Devaswom to provide drinking water facility to the devotees waiting in the queue for Annadhanam at Thriprayar Sreerama Swamy temple. in terms of the direction issued by this Honourable Court, drinking water -6- DBP No.69 of 2022 facility has already been provided with effect from 09.11.2022 onwards. It is submitted that proper facilities for washing the hands of devotees before and after annadhanam is already there. The grievance of the complainant was that there is no facility for washing the hands in the annadhanam hall and near the queue. It is submitted that the facility for washing hands before and after annadhanam is provided outside the annadhanam hall. Since washing of hands inside the temple premises is objectionable, the devotees have to wash their hands before entering the queue for annadhanam. Sufficient seating facilities have already been provided in the annadhanam hall and the premises are kept clean and hygienic and the third respondent is monitoring the same. It is also submitted that the painting of oottupra are also done. 3. It is submitted that another complaint is that no seating facilities are provided to devotees standing in the queue for annadhanam. Based on the order passed by this Honourable Court, seating facilities are also provided in alternate queue to the devotees who are standing in the queue for annadhanam. In addition to that, repairs and painting of barricades of the queue system are also done. The photographs of the seating facilities provided are handed over to the Standing Counsel for perusal of this Honourable Court. As directed by this Honourable Court in its order dated 08.11.2022 the Assistant Commissioner, Thrissur Group has taken the photographs -7- DBP No.69 of 2022 on 08.11.2022 itself and the same has already been handed over to the Standing Counsel for Cochin Devaswom Board, as directed by this Honourable Court. The photographs would clearly show that there are fans in the hall and the grievance of the complainant was that the fans are very old and not working properly. It is submitted that the maramath wing of Cochin Devaswom Board has already inspected the hall and confirmed that all the fans are working properly. Further four numbers of fans are also installed and the photographs of the same are handed over to the Standing Counsel. It is submitted that urinals are provided to the devotees and sign boards are also placed to locate and identify the same. As regards the request for providing more number of parking spaces, the same is not feasible due to lack of space and the Devaswom has already provided two parking areas. It is submitted that this deponent and the officials of the Devaswom are already providing proper facilities for the devotees who are coming to Thriprayar Sreerama Swamy temple and further affirms that necessary steps will be taken for the smooth darshan to all the devotees.” 6. Heard the learned Senior Government for the 1[st] respondent State and also the learned Standing Counsel for Cochin Devaswom Board for respondents 2 and 3. Despite service of notice through the 3[rd] respondent Devaswom -8- DBP No.69 of 2022 Officer, there is no appearance for the 4[th] respondent Temple Advisory Committee. 7. Chapter VIII of the Travancore-Cochin Hindu Religious Institutions Act, 1950 deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be -9- DBP No.69 of 2022 exercised as hitherto by the Ruler of Cochin. 8. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund. 9. Section 73A of the Act deals with duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according -10- DBP No.69 of 2022 to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff 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 major temples for the devotees. 10. Section 76A of the Act deals with formation of Temple Advisory Committees in the temples under the Cochin Devaswom Board. As per sub-section (1) of Section 76A, a committee for each temple in the name "Temple Advisory Committee’’ (name of the Temple)" may be constituted in order to ensure participation of Hindu devotees. As per subsection (2), the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per subsection (3), the composition of an Advisory Committee under sub-section (1) shall be such as may be prescribed by rules made by the Board, not inconsistent with any practice, prevailing, if any. ## 11. In **Sunil Kumar C. and others v. Travancore** -11- DBP No.69 of 2022 **Devaswom Board and others [2022 (4) KLT 324]** , a Division Bench of this Court, in which both of us were parties, noticed that, a reading of the provisions under Clause (9) of the Rules for the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board make 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 Maramath Department, it has to be undertaken through the Temple Advisory, under constant 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 -12- DBP No.69 of 2022 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 view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down by this Court in **Chandu K. [2021 (3) KHC 379]** , this Court held that 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. 12. The provisions under Section 31A of the Travancore Cochin Hindu Religious Institutions Act, which deals with constitution of Temple Advisory Committees in the temples under the management of Travancore Devaswom Board are _pari materia_ with the provisions under Section 76A of the said -13- DBP No.69 of 2022 Act, which deals with formation of Temple Advisory Committee in the temples under the management of Cochin Devaswom Board. In terms of sub-section (3) of Section 76A of the Act, the Cochin Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. The Temple Advisory Committee has to render necessary assistance to the Devaswom Officer to see that the regular traditional rites according to the practice prevalent in the temple are performed promptly and to establish and maintain proper facilities in the temple for the devotees. 13. In the instant case, the averments in the affidavit filed on behalf of the 2[nd] respondent Cochin Devaswom Board and also that filed by the 3[rd] respondent Devaswom Officer would make it explicitly clear that proper facilities were not provided to the devotees at the place where Annadhanam is being conducted at Thriprayar Sreerama Swamy Temple. Having considered the averments in the affidavit filed by respondents 2 and 3 and also the submissions made by the learned Senior Government Pleader and also the learned -14- DBP No.69 of 2022 Standing Counsel for Cochin Devaswom Board, we deem it appropriate to dispose of this DBP by directing the concerned Assistant Devaswom Commissioner and the 3[rd] respondent Devaswom Officer to ensure that the hall and the premises in which Annadhanam is being conducted in Thriprayar Sreerama Swamy Temple is maintained clean and hygiene and the devotees are provided with proper seating facilities and also facilities for washing their hands. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** AV