J. Harikumar and others 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 G. GIRISH ``` ``` MONDAY, THE 18[TH] DAY OF DECEMBER 2023/27TH AGRAHAYANA, 1945 ``` ``` W.P.(C)NO.42555OF 2023 ``` ## **`PETITIONERS:`** - **`1 J. HARIKUMAR, AGED 59 YEARS,`** ``` S/O JANARDANAN PILLAI, PLAVILA KEZHAKATHU, KIDAMGEYAM, KANJIMEL, VADAKKAN MYLAKAPALLY, KOLLAM, PIN - 690522 ``` - **`2 VISHWANATHA KURUP, AGED 65 YEARS,`** ``` S/O DHAMODHARAN KURUP, VANMELIL THEK, ERAVICHERA, CHOORANADU TEKK, PATHARAM P.O., KOLLAM, PIN - 690522 ``` - **`3 B.RADHAKRISHNA PILLAI, AGED 59 YEARS, S/O BHASKARAN PILLAI, MULAMOOTIL PANDINJATTIL, IDAVANASHERI, MYLAKAPALLY, KOLLAM, PIN - 690522`** - **`4 SREEKUMAR, AGED 54 YEARS, S/O T.R SHANKARAPILLAI, SREEMANDIRAM, MYLAKAPALLY, VADDAKAN MYLAKAPALLY P.O, KOLLAM, PIN - 690522`** - **`5 THULASIDHARAN PILLAI, AGED 58 YEARS,`** - **`S/OSU,PERUMANA HOUSE, KEDAMGAYAM VADAKKU, PATHARAM P.O, KOLLAMKUMARAPILLAI, PIN - 690522`** - **`6 ANEESH KUMAR, AGED 40 YEARS, S/O ARJUNAN PILLAI, VIJU BHAVANAM, KIDAMGAYAM NADUVIL, PATHARAM P.O., KOLLAM, PIN - 690522`** - **`7 SANDEEP KUMAR,AGED 36 YEARS, S/O SAHADEVAN PILLAI, KULLAMPALLIL THEKKU, IRAVICHIRA PANDINJARU, PATHARAM P.O., KOLLAM, PIN - 690522`** 2 W.P.(C)No.42555 of 2023 - **`8 PODIYAN C., AGED 61 YEARS, S/O CHELLAPAN, KUNNUMPURATH IDAPURRA, IRAVICHIRA KIZHAK, SHOORANADU P.O., KOLLAM, PIN - 690522`** ``` 9 SANTHOSH KUMAR, AGED 48 YEARS, S/O APPUKUTAN PILLAI, RAJASREE MANDIRAM, THRIKUNNAPUZHA VADDAKU, KAKKAKUNNU P.O., KOLLAM, PIN - 690522 ``` - **`10 ANURAJ, AGED 40 YEARS,`** ``` S/O SIVARAJAN, ANU BHAVANAM, THRIKUNNAPUZHA THEKK, KAKKAKUNN P.O., KOLLAM, PIN - 690522 ``` - **`11 VAMAADEVAN PILLAI, AGED 65 YEARS,`** ``` S/O BHASKARAN, AMRITHALAYAM, INJAKKADU, KAKKAKUNN P.O., KOLLAM, PIN - 690522 ``` ## **`12 MURUKESHAN, AGED 52 YEARS,`** - **`S/O MADHAVANKUTTY, MAYA BHAVANAM, KAKKAKUNN P.O., KOLLAM, PIN - 690522`** ``` BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE MIRAL K.JOY ABHILASH C.V. VARUN JACOB ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPPURAM, REPRESENTED BY IT'S SERETARY, PIN - 695003`** - **`2 DEVASWOM COMMISIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPPURAM, PIN - 695003`** 3 W.P.(C)No.42555 of 2023 - **`3 DEPUTY DEVASWOM COMMISSIONER, FINANCE AND INSPECTION, TRAVANCORE DEVASWOM BOARD, ANANDAVALLESWARAM, PUNNATHALA, KAANKATHU MUKKU, KOLLAM, KERALA, PIN - 691007`** - **`4 ASSISTANT COMMISSIONER DEVASWOM, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NH 66, OPP. PADANAYARKULANGARA TEMPLE, PADA NORTH, KARUNAGAPPALLI, KERALA, PIN - 690518`** ## **`OTHER PRESENT:`** ## **`SRI G.SANTHOSH KUMAR- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 W.P.(C)No.42555 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who are members of an Ad-Hoc Committee constituted by the Travancore Devaswom Board in Kumaranchira Temple under Karunagapally Group, who were earlier in the Temple Advisory Committee of that temple, which got the approval of the 2[nd] respondent Devaswom Commissioner on 12.12.2018, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P7 communication dated 10.11.2023 of the 3[rd] respondent Deputy Commissioner, which is addressed to the 4[th] respondent Assistant Commissioner, whereby the 4[th] respondent has been directed to dissolve the Ad-Hoc Committee and to take necessary steps to constitute a Temple Advisory Committee of Kumaranchira Temple under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. The petitioners have also sought for a writ of mandamus commanding respondents to stop all further proceedings pursuant to Ext.P7 communication dated 10.11.2023 of the 3[rd] respondent; a writ of mandamus commanding the respondents to permit the Ad-Hoc Committee comprising of petitioners 1, 2, 4, 8 and 10 to continue for conducting the affairs of the Kumaranchira Devaswom Temple; a writ of mandamus 5 ## W.P.(C)No.42555 of 2023 commanding respondents to handover a sum of Rs.16,54,800/sanctioned for the construction of Annadhanappura to the present AdHoc Committee forthwith; and a writ of mandamus commanding respondents to consider Ext.P8 representation dated 03.10.2023 submitted by petitioners 1 and 2 for the Committee, forthwith. 2. Going by the averments in the writ petition, the petitioners were the elected members of the Temple Advisory Committee of Kumaranchira Temple for the period 2018-2020. The 1[st] petitioner was the Secretary and 2[nd] petitioner was the President of the Temple Advisory Committee. The tenure of the committee was extended for almost 2 years mainly due to the situation prevailing in the State due to Covid-19 pandemic. On 12.12.2022, a meeting of the registered mandalam of Kumaranchira Temple was conducted in the presence of the 4[th] respondent Assistant Commissioner, in which it was decided to constitute an Ad-Hoc Committee of 5 members for conducting temple festival and for completion of the construction of Annadhanappura. Petitioners 1, 2, 4, 8 and 10 are the members of that Ad-Hoc Committee. The Temple Advisory Committee was sanctioned the work of extension of Annadhanappura at an estimated cost of Rs.16,54,800/-. In a joint meeting of the Temple Advisory Committee and 13 Kara committees, which was convened on 29.09.2019, it was 6 ## W.P.(C)No.42555 of 2023 decided that each Kara committee would contribute Rs.1,00,000/towards the construction of the Annadhanappura. It was also decided to carry out the construction of a kitchen. The construction works were completed and the petitioners incurred a total expenditure of Rs.31,24,390/- towards construction of Annadhanappura and kitchen. Rs.1,90,40,863/- was incurred for construction of Annadhanappura, Rs.6,78,552/- towards construction of kitchen and Rs.5,40,975/towards PVC ceiling, paneling and other miscellaneous works. Till date, the petitioners received a total amount of Rs.10,80,000/- from the Kara committees, out of the promised sum of Rs.13,00,000/-. In short, an amount of Rs.2,20,000/- is receivable from the Kara committees. The petitioners have not yet received the sum sanctioned by the 1[st] respondent Travancore Devaswom Board vide Ext.P4 letter dated 22.07.2019 of the 1[st] respondent Board. In addition to this, a sum of Rs.3,01,200/- is receivable from the coupons issued by the 1[st] respondent Board, pursuant to Ext.P5. The Ad-Hoc committee is presently carrying out the activities for collection of funds on behalf of the petitioners. While so, the 3[rd] respondent Deputy Commissioner issued Ext.P7 communication dated 10.11.2023 whereby the 4[th] respondent Assistant Commissioner is directed to terminate the AdHoc Committee and to constitute a new Temple Advisory Committee 7 ## W.P.(C)No.42555 of 2023 in Kumaranchira Temple. According to the petitioners, if a new Temple Advisory Committee is constituted without settling the accounts of the prior Advisory Committee, it would become practically impossible to realise the amounts due and the petitioners would suffer huge loss in that regard. 3. Heard the learned counsel for the petitioners and also the learned Standing Counsel for Travancore Devaswom Board for the respondents. 4. The learned counsel for the petitioners would contend that petitioners 1 and 2, who are the members of the Ad-Hoc committee submitted Ext.P8 representation dated 03.10.2023 before the 4[th] respondent Assistant Commissioner, seeking extension of the term of the Ad-Hoc Committee, for the reason that out of the sealed coupons issued to the Temple Advisory Committee for a total sum of Rs.4,50,000/-, coupons worth Rs.3,01,200/- is still remaining with the Ad-Hoc Committee. The Ad-Hoc Committee will be in a position to collect the money against those sealed coupons only during the annual festival and therefore, it is highly essential that the term of the AdHoc Committee be extended further. The annual festival is scheduled to be held on 09.01.2024. In addition to that, the Ad-Hoc Committee is yet to collect Rs.2,20,000/- from the kara committees, out of a total 8 W.P.(C)No.42555 of 2023 sum of Rs.13,00,000/- agreed to be paid for undertaking the constructions in question. In addition to this, certain amounts are payable to the Ad-Hoc Committee by the 1[st] respondent Board. 5. The learned Standing Counsel for Travancore Devaswom Board would submit that the elected Temple Advisory Committee of Kumaranchira Temple, which got approval on 12.12.2018, continued beyond the two-years term, on account of the situation prevailing in the State due to Covid-19 pandemic. Thereafter the Ad-Hoc Committee was constituted on 12.12.2022, which conducted annual festival of the temple for the year 1198 ME. The Ad-Hoc Committee is yet to submit the audited accounts. 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 the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 7. 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 9 W.P.(C)No.42555 of 2023 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. 8. 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 Committee constituted under subsection (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under subsection (1) shall be in such manner as may be prescribed by the rules 10 ## W.P.(C)No.42555 of 2023 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 (bye-laws) 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 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. 11 W.P.(C)No.42555 of 2023 ## 12. In **Santharam Roy T.S. v. Travancore Devaswom** **Board [2022 (2) KHC 595]** this Court held that the provisions under Clause (3) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Board makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers 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. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of ‘registered mandalam’. The election of members to the Temple Advisory Committee is made from among the members of ‘registered mandalam’ present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 13. In **Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that the Travancore Devaswom Board, in 12 ## W.P.(C)No.42555 of 2023 exercise of the rule-making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the Rules is to see that timely elections are held and the constitution of the Committees is not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the Rules, shall not be exercised as a matter of course. They shall 13 W.P.(C)No.42555 of 2023 call for a report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether the extension of the term has to be given or not. 14. 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 14 W.P.(C)No.42555 of 2023 expenditure audited which shall be produced before the authorities in the 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. 15. Clause (12) of the Rules deals with powers and rights of the Devaswom Board. As per Clause (12), the Devaswom Commissioner shall have the power to determine the qualification of the members of the Advisory Committee, the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In the event of the activities of the Advisory Committee being contrary to the interest of the temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 16. In the instant case, the Temple Advisory Committee of Kumaranchira Temple in which the petitioners were members, which got the approval of the 2[nd] respondent Devaswom Commissioner on 12.12.2018 continued beyond its term of two years, on account of the situation prevailing in the State due to Covid-19 pandemic. Thereafter, 15 ## W.P.(C)No.42555 of 2023 an Ad-Hoc Committee was constituted on 12.12.2022 for conducting annual festival of Kumaranchira Temple for the year 1198 ME. The petitioners are members of that Ad-Hoc Committee. The submission made by the learned Standing Counsel for Travancore Devaswom Board is that the Ad-Hoc Committee is yet to submit its audited accounts for the annual festival of the year 1198 ME. On the other hand, the learned counsel for the petitioner would submit that the AdHoc Committee has already submitted the audited accounts. 17. In view of the law laid down by this Court in **Chandu K. [2021 (3) KHC 379]** the term of a Temple Advisory Committee constituted under Section 31A of the Act is statutorily fixed. The extension of the term by one year or up to two years is permissible only under certain unavoidable circumstances and no longer. The object of providing duration of office of the Temple Advisory Committee is to see that timely elections are held and the constitution of the Advisory Committee is not delayed. 18. In view of the provisions under the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board, we find no valid grounds to interfere with Ext.P7 communication dated 10.11.2023 of the 3[rd] respondent Deputy 16 ## W.P.(C)No.42555 of 2023 Commissioner, whereby the 4[th] respondent Assistant Commissioner has been directed to dissolve the Ad-Hoc Committee and take necessary steps to constitute a Temple Advisory Committee in Kumaranchira Temple. None of the reasons stated in the writ petition are valid for extending the term of the Ad-Hoc Committee, which has been constituted for the purpose of conducting the annual festival of the temple of the year 1198 ME. If the Ad-Hoc Committee is yet to submit audited accounts, it is for the 4[th] respondent Assistant Commissioner to take necessary action against the Ad-Hoc Committee, in accordance with law. 19. The learned Standing Counsel for Travancore Devaswom Board would submit that pursuant to Ext.P7 communication dated 10.11.2023 of the 3[rd] respondent Deputy Commissioner, the 4[th] respondent Assistant Commissioner has already issued a notice on 03.12.2023, whereby the devotees are required to submit applications for membership in the registered mandalam. The period stipulated in that notice for submitting membership application is already over on 10.12.2023. The 4[th] respondent is proceeding with the matter further, for convening the meeting of the registered mandalam for electing the members of the Temple Advisory Committee of Kumaranchira Temple. The 4[th] respondent shall take necessary steps to ensure that the newly 17 ## W.P.(C)No.42555 of 2023 elected Temple Advisory Committee in Kumaranchira Temple takes charge, before the commencement of the annual festival, which is scheduled to be held on 09.01.2024. In such circumstances, this writ petition fails and the same is accordingly dismissed. The petitioner is not entitled to any of the reliefs sought for in this writ petition. In case the audited accounts of the Ad-Hoc Committee are yet to be submitted, it is for the 3[rd] respondent Assistant Commissioner to take necessary steps to ensure that the audited accounts are submitted by the Ad-Hoc Committee without any further delay. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** MIN 18 W.P.(C)No.42555 of 2023 ## **`APPENDIX OF WP(C) 42555/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 12.12.2018 ``` ``` EXHIBIT P2 TRUE COPY OF THE NOTICE BEARING NO. ROC 1947/22/NS OF THE 1ST RESPONDENT DATED 09.03.2021 ``` ``` EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF THE TEMPLE ADVISORY COMMITTEE DATED 12.12.2022 EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD DATED 22.07.2019 INTIMATING REGARDING THE SANCTION OF WORK TO THE TEMPLE ADVISORY COMMITTEE ``` ``` EXHIBIT P5 TRUE COPY OF THE TESTIMONIAL DEED DATED 19.11.2021 EXECUTED BY THE 1ST PETITIONER ``` ``` EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK DATED 20.09.2019 ``` ``` EXHIBIT P7 TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT TO THE 4TH RESPONDENT DATED 10.11.2023 ``` ``` EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST AND 2ND PETITIONERS BEFORE THE 4TH RESPONDENT DATED 03.10.2023 ```