K.R. Unnikrishnan Potti v. Travancore Devaswom Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR`** ``` TUESDAY, THE 8[TH] DAY OF AUGUST 2023 / 17TH SRAVANA, 1945 ``` ## **`WP(C) NO.13953 OF 2023`** ## **`PETITIONER:`** ## **`K.R.UNNIKRISHNAN POTTI,`** ``` AGED 69 YEARS ``` ``` S/O.RAMAKRISHNAN, KULANGARA MADOM, ALANGAD PO, ALUVA, ERNAKULAM, PIN - 683511 ``` ``` BY ADVS. K.MOHANAKANNAN ``` ``` H.PRAVEEN (KOTTARAKARA) ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD DEVASWOM HEADQUARTERS NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM – 695003 REPRESENTED BY ITS SECRETARY`** - **`2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`3 THE DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM PO, KOTTAYAM, PIN - 686141`** - **`4 THE ASSISTANT COMMISSIONER, ASSISTANT COMMISSIONER OFFICE, TRAVANCORE DEVASWOM BOARD, NORTH PARAVUR GROUP, KANNANKULANGARA LINK ROAD, ERNAKULAM, PIN - 683513`** ``` 2 ``` W.P.(C) No.13953 of 2023 - **`5 THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, PERUVANAM SUB GROUP, PERUVANAM, PALLIPURAM PO, KODANNUR, THRISSUR DISTRICT, PIN - 680561`** - **`6 TEMPLE ADVISORY COMMITTEE, PAINKAL BHAGAVATHI DEVASWOM , PALLIPPURAM PO THRISSUR-680 563 REPRESENTED BY ITS PRESIDENT`** - **`7 THE SECRETARY`** - **`TEMPLE ADVISORY COMMITTEE , PALLIPURAM PAINKAL BHGAGAVATHI TEMPLE, KODANNUR PO, THRISSUR680563`** - **`8 ADDL.R8 THE DISTRICT POLICE CHIEF, THRISSUR, PIN - 680 561.`** - **`9 ADDL.R9 THE STATION HOUSE OFFICER, CHERPU POLICE STATION, THRISSUR DISTRICT, PIN - 680 561 [ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DATED 13/04/2023 IN WP(C) 13953/2023]`** ``` BY ADVS. KRISHNA RAJ ``` ``` E.S.SONI(K/304/2012) KUMARI SANGEETHA S.NAIR(K/001617/2000) ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` W.P.(C) No.13953 of 2023 ## **J U D G M E N T** ## 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 respondents 1 to 5 to ensure that the collection from Para vazhipadu in respect of the festival of Pallipuram Painkal Bhagavathi Temple-2023 is directly done by the Travancore Devaswom Board in terms of Ext.P3 communication dated 20.03.2023 of the 2[nd] respondent Devaswom Commissioner addressed to the 4[th] respondent Assistant Commissioner. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 to recover the amounts collected for Para vazhipadu, for the last year festival, from respondents 6 and 7 and the persons responsible; a writ of mandamus commanding respondents 6 and 7 to furnish the statement of account in respect of Para vazhipadu for the years 2019 to 2022 before respondents 4 and 5 and to direct respondents 4 and 5 to take appropriate action, in accordance with law, and direct respondents 1 to 5 to take action against respondents 6 and 7 for misappropriating the funds and for violating the directions and guidelines issued by the Travancore Devaswom Board in the matter of administration of the temple. ``` 4 ``` W.P.(C) No.13953 of 2023 2. Going by the averments in the writ petition, the petitioner is a retired employee of the Travancore Devaswom Board, who is the Secretary of the Kerala State Devaswom Pensioners Confederation. Meda Bharani Festival in Pallipuram Painkal Bhagavathi Temple is a famous festival in the area. On Ext.P1 application dated 14.12.2022 made by the petitioner, as the Secretary of the Travancore Devaswom Employees’ Welfare Society, under the Right to Information Act, 2005, Ext.P2 information dated 12.01.2023 was obtained from the 4[th] respondent Assistant Commissioner and the Public Information Officer, wherein it is stated that collection from Para vazhipadu is being appropriated by the 6[th] respondent Temple Advisory Committee. Since there are serious allegations in the matter of conduct of Para vazhipadu and collection of money, Ext.P3 order dated 20.03.2023 was issued by the 2[nd] respondent Devaswom Commissioner, whereby the 4[th] respondent Assistant Commissioner was directed to conduct Para vazhipadu directly by the Department. As per Ext.P3, the programmes in connection with the festival can be conducted by the 6[th] respondent Temple Advisory Committee, in case they are prepared to execute an agreement in a stamp paper, for conducting Theyyam, Kolam, elephant, light and sound, etc. The Meda Bharani Festival in the ``` 5 ``` W.P.(C) No.13953 of 2023 temple was from 11.04.2023 to 22.04.2023. In the writ petition it is alleged that in total violation of Ext.P3, respondents 4 and 5 failed to execute an agreement for Theyyam, Kolam, etc. and the 6[th] respondent Temple Advisory Committee is conducting Para vazhipadu and collecting money from the devotees. There is large scale collection of amounts for Para vazhipadu by the Temple Advisory Committee, without proper accounting. In such circumstances, the petitioner has approached this Court in this writ petition seeking the aforesaid reliefs. 3. On 13.04.2023, when this writ petition came up for admission, the District Police Chief, Thrissur and the Station House Officer, Cherpu Police Station were _suo motu_ impleaded as additional respondents 8 and 9. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 5. The learned Senior Government Pleader took notice on admission for additional respondents 8 and 9. Urgent notice was ordered to respondents 6 and 7 by special messenger, returnable by 26.05.2023. By the interim order dated 13.04.2023, this Court directed respondents 3 to 5 to ensure that Para vazhipadu in Painkal Devi Temple in connection with festival of Painkal Devaswom for the year 1198 ME is conducted departmentally, without any interference of respondents 6 and 7 or their ``` 6 ``` W.P.(C) No.13953 of 2023 supporters. The 9[th] respondent Station House Officer was directed to render necessary assistance to respondents 3 to 5 to ensure strict compliance of the said order, even by entering into the temple premises. The 8[th] respondent District Police Chief and the 9[th] respondent Station House Officer were directed to ensure that there is no law and order issues in the temple premises, in connection with the temple festival. 4. On 26.05.2023, when this writ petition came up for consideration, respondents 6 and 7 entered appearance through counsel and sought time to file counter affidavit. The learned Senior Government Pleader sought time to file counter affidavit of the 9[th] respondent Station House Officer and the learned Standing Counsel for Travancore Devaswom Board sought time to file counter affidavit on behalf of the 1[st] respondent Board. 5. A counter affidavit has been filed by respondents 6 and 7, opposing the reliefs sought for in this writ petition. Paragraphs 3 to 6 of that counter affidavit read thus: “3. Painkal Devi Temple is situated at Pallippuram which is the border area of Thrissur and Palakkad. 90% of the population in the area in which this temple is situated are farmers. It was in this background during 1960s Para Vazhipad was started in temple and the main revenue of the temple was the Para Vazhipad conducted during the eleven days of festival as the Devaswom was getting income from ``` 7 ``` W.P.(C) No.13953 of 2023 selling the paddy that was offered as Para to the deity. Subsequently the Temple Advisory Committee was formed in the year 1967 and since then the Temple Advisory Committee is conducting the Para. Subsequently the practice of issuing sealed coupons was started by the Devaswom and sealed coupons were issued for the purpose of collecting amounts for Para Vazhipad. Separate coupons were used to be issued for collecting Para Vazhipad. The temple festival is conducted using the income by making collections using the sealed coupons and also from the income that is collected from Para Vazhipad. 4. Last year the budget for conducting the temple festival was to the tune of Rs.17,76,956/-. Even after utilizing the income from the sealed coupons for collections and also collecting amount from Para Vazhipad, at the end the Temple Advisory Committee sustained a loss of Rs.4,75,956/-. So the Temple Advisory Committee will not be able to conduct the festival without getting the income from the collection of Para Vazhipad which is a known fact. As far as this year's temple festival is concerned though the exact details of the amount spent is in the process of accounting and auditing, an amount of Rs.6,00,000/- was spent for the elephants which were used in the festival, an amount of Rs.3,00,000/was spent for engaging Melam artist for the rituals during the temple festival, an amount of Rs.3,00,000/- was spent for the purpose of erecting Panthal and lights in connection with the temple festival and an amount of Rs.1,50,000/- was spent for fireworks. An amount of Rs.1,00,000/- was spent for Annadhanam in connection with the temple festival. This is over and above the amounts spent for conducting various cultural programs and also an amount of Rs. 52,000/- given ``` 8 ``` W.P.(C) No.13953 of 2023 to Devaswom Board as 5% fee fixed for issuing sealed Coupons. So it can be seen that as against the total amount of sealed coupons issued to the Temple Advisory Committee this year for conducting the festival which was for an amount of Rs.10,37,500/- and an amount of Rs.15,02,000/- has already been spent by the Temple Advisory committee excluding the expenses for conducting the Cultural festival and other miscellaneous expenses including the painting of the temple. So the entire dispute that is raised in the Writ Petition has to be seen in this background. 5. The petitioner has approached this Hon'ble Court relying on Exhibit P-3 contending that in spite of the decision taken by the Devaswom to conduct the Para Vazhipad directly, these respondents and their supporters are obstructing the Devaswom to conduct Para Vazhipad and that the attempt of these respondents is to forcefully collect Para Vazhipad. Pleadings in the Writ Petition would give an impression that the Temple Advisory Committee is collecting Para Vazhipad directly without accounting any amount from the Para Vazhipad collection and therefore the Devaswom is sustaining huge loss. Pleadings give an impression that Devaswom has decided to conduct the Para Vazhipad directly to avoid this loss sustaining to the Devaswom because of the conduct of Para Vazhipad by Temple Advisory Committee and this Temple Advisory Committee is acting against the interest of the temple. Actually as submitted earlier the Para Vazhipad was being conducted by the Temple Advisory Committee from the start of this practice that is during 1960's and as explained above the Para Vazipad is being collected using the sealed coupons issued by the Devaswom itself and the amount collected so is accounted properly and ``` 9 ``` W.P.(C) No.13953 of 2023 the audited accounts are properly being submitted to the Devaswom every year. Till date no objections were raised by the Devaswom in the accounts submitted by the Temple Advisory Committee from time to time. It is pertinent to note here that in the year 2016 also when the petitioner was the Sub Group Officer in the temple there was a move by the Devaswom Board to take over the conduct of Para Vazhipad and that time the matter was taken up by the Hon'ble Ombudsman and the Ombudsman, considering the contention of the Temple Advisory Committee that without the income from the Para Vazhipad the Temple Advisory Committee will not be able to conduct the festival as the Devaswom is not spending any money for the conduct of the festival, has permitted the temple Advisory Committee to conduct Para Vazhipad. It is interesting to note here that the stand taken by the petitioner as the Sub Group Officer before the Ombudsman was that the Devaswom is issuing Coupons for the conduct of Para. He has also submitted before the Ombudsman that huge expenditure is incurred towards the rent for the elephants, artists (Melakar), Komaram, Food etc., but no amount is spent by the Devaswom. He has also submitted that for the past several years conduct of Desha Para is arranged by the Samithi itself and there is neither any income nor expenditure for the Devaswom. He has also submitted that if this arrangement of conducting Para is taken over by the Department, Devaswom will incur huge expenditure in this regard. The petitioner who has taken such a stand before the Ombudsman in the year 2016 while he was working as a Sub Group Officer has now filed the present Writ Petition taking a totally contradictory stand with malafide intentions. It is genuinely doubted that the intention ``` 10 ``` W.P.(C) No.13953 of 2023 of the petitioner is to politicize the temple administration. The Temple Advisory Committee has submitted representations to the Ombudsman as well as the Devaswom Minister pointing out these facts requesting the authorities to continue with the regular practice of conduct of Desha Para by the Temple Advisory Committee. As far as the allegation made by the Devaswom Board before this Hon'ble Court that these respondents with the help of their supporters prevented the 5[th] respondent Sub Group Officer from conducting Para Vazhipad departmentally and that they have even illegally confined the 3[rd] respondent, Deputy Devaswom Commissioner, 4[th] respondent Assistant Commissioner and also the 5[th] respondent Sub Group Officer in the temple premises is absolutely false and therefore vehemently denied by these respondents. No such incidents have taken place as alleged by the Sub Group Officer and these allegations are made only to mislead this Hon'ble Court in passing an Interim Order of 13.04.2023. 6. In effect the situation is that the Temple Advisory Committee which is supposed to conduct the temple festival will be able to conduct the festival only if income from the Para Vazhipad also is received. The Temple Advisory Committee will not be able to conduct the festival by only collecting money from the devotees as 90% of the population in the area where the temple is situated are farmers. The Devaswom Board is also not spending any amount for the conduct of the festival therefore without getting the collection from the Para Vazhipad the Temple Advisory Committee will not be able to conduct the temple festival. If the Devaswom has decided to conduct the Para Vazhipad departmentally then this Hon'ble Court may be pleased to ``` 11 ``` W.P.(C) No.13953 of 2023 direct the Devaswom Board to conduct the Temple festival also directly without burdening the Temple Advisory Committee. True copy of the report of the auditor with audited statement of accounts dated 03.10.2022 is produced and marked as Exhibit R6(a).” 6. The petitioner has filed a reply affidavit dated 17.07.2023, producing therewith copy of the proceedings No.ROC No.6775/22/NS-1 dated 22.05.2023 of the 2[nd] respondent Devaswom Commissioner. Paragraphs 3 to 9 of the reply affidavit read thus: “3) The averments and allegations contained in paragraph 2 of the counter affidavit, it is submitted that I have specifically stated in the Writ Petition itself that I was holding the post of Sub Group Officer of the Travancore Devaswom Board and also the Secretary of the Pensioners Confederation, Paravur Group Committee. The allegation is that the Writ Petition is filed with malicious intentions of politicizing the Temple administration is absolutely false. The Writ Petition was filed only with a view to curb the illegality committed by the Respondents 6 and 7. 4) As regards the averments in paragraph 3, it is submitted that the Temple festival is to be conducted by the Devaswom Board and that how the Temple festival is to be conducted is to be decided by the Devaswom Board and not by the Temple Advisory Committee. The income of the Temple is to be appropriately accounted and the Temple Advisory Committee has to act in terms of the directions of the Board. 5) As regards the averments in paragraph 4 regarding the various expenditure incurred by the Temple Advisory ``` 12 ``` W.P.(C) No.13953 of 2023 Committee, all collections have to be made based on sealed coupons and whatever collections made in excess to the same is an illegal collection. Even Respondents 6 and 7 are used to collect income from the Para Vazhipadu without any accounting and without giving any proper receipts and that amounts to clear violation of the directions issued by the Board from time to time. 6) As regards the averments in paragraph 5 that I was the Sub Group Officer of the Temple in 2016 and there was a proceedings pending before the Hon'ble Ombudsman and I had attended in the proceedings are absolutely false and hence denied. I had retired from service in 2010 from Moozhikulam Devaswom and that I was not the Sub Group Officer in the Temple in 2016 as contended by Respondents 6 and 7. I was totally unaware of the Proceedings pending before the Hon'ble Ombudsman in 2016. Therefore the Respondents 6 and 7 has to be proceeded against for filling false affidavit before this Hon'ble Court. 7) It is relevant to point out that the conduct and attitude of Respondents 6 and 7 and due to their illegal and unlawful interference, problems were created to the Officers of the Travancore Devaswom Board. It is evident from the various reports highlighted before, this Hon'blé Court. Even the interim order of this Hon'ble Court in the above Writ Petition regarding the conduct of Para Vazhipadu was also violated by Respondents 6 and 7 and their henchmen by obstructing the officials when the festival was going on. 8) The averments in paragraph 6 is also has no relevance. It is also worthy to note that as on the date of the filing of the Counter Affidavit, the Committee was not in Office. It was dissolved by Proceedings of the Travancore Devaswom Board ``` 13 ``` W.P.(C) No.13953 of 2023 dated 22/05/2023. To substantiate the same the Petitioner take leave to produce herewith the copy of the Proceedings of the Devaswom Commissioner dated 22/05/2023, No. ROC No:6775/22/NS-1 is produced herewith and marked as EXHIBIT.P4. The findings against the Respondents 6 and 7 are very serious. 9) The loss sustained to the Devaswom is to be recovered from Respondents 6 and 7. An enquiry is to be conducted through the Devaswom Vigilance Wing regarding the illegal activities and pilferage of public funds by Respondents 6 and 7 and to recover the same from them.” 7. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 5, the learned counsel for respondents 6 and 7 and the learned Senior Government Pleader for additional respondents 8 and 9. 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 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 ``` 14 ``` W.P.(C) No.13953 of 2023 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 subsection (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an ``` 15 ``` W.P.(C) No.13953 of 2023 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 subsection (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 who are residing within a distance of 5kms from the temple, who are regular worshipers and had contributed considerably for the betterment ``` 16 ``` W.P.(C) No.13953 of 2023 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. In **Santharam Roy T.S. v. Travancore Devaswom** **Board and others [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, ``` 17 ``` W.P.(C) No.13953 of 2023 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 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 approved bye-laws is to see that timely elections are held and the ``` 18 ``` W.P.(C) No.13953 of 2023 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 approved bye-laws, shall not be exercised as a matter of course. They shall 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 (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. 15. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** one of the contentions raised before this Court by the learned counsel for ``` 19 ``` W.P.(C) No.13953 of 2023 respondents 5 to 10 therein was that the construction or repair or renovation work that has to be undertaken in a temple under the management of the Travancore Devaswom Board is outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. This Court noticed that insofar as the aforesaid contention raised by the learned counsel for respondents 5 to 10 therein is concerned, as per Clause (2) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees, 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 the same with the approval of the Board. Clause (11) of the Rules provides that, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 16. Clause (9) of the Rules deals with office bearers and ``` 20 ``` W.P.(C) No.13953 of 2023 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 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 ``` 21 ``` W.P.(C) No.13953 of 2023 of the President and the Secretary. 17. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** , this Court held that, 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 Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi 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 Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi 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 assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. According to Oxford Dictionary, ‘worshipper’ is a person who shows reverence and adoration for a ``` 22 ``` W.P.(C) No.13953 of 2023 deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that only ‘politically neutral’ coloured decorative materials are used for temple festivals. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. ## 18. In **Rajalekshmi P. v. State of Kerala [2023 (3) KHC** **491]** this Court held that, 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 Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of the said temple, 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 ``` 23 ``` W.P.(C) No.13953 of 2023 assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. In that view of the matter, the writ petitioner cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Travancore Devaswom Board and its officials to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial. 19. Pallippuram Painkal Bhagavathy Temple is a temple under the management of the 1[st] respondent Travancore Devaswom Board. The role of the Temple Advisory Committee, which is constituted under Section 31A of the Act is to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the festivals according to the usage of that temple. The stand taken in the counter affidavit filed by respondents 6 and 7 is that the Temple Advisory Committee will not be able to conduct the annual festival without getting the income from conducting Para vazhipadu. As evident from Ext.P3 order dated 20.03.2023 issued by the 2[nd] respondent Devaswom Commissioner, the 4[th] respondent Assistant Commissioner was directed to conduct Para vazhipadu in ``` 24 ``` W.P.(C) No.13953 of 2023 Pallippuram Painkal Bhagavathy Temple during annual festival of 2023, directly by the Department. Respondents 6 and 7 have not chosen to challenge the said order of the 2[nd] respondent Devaswom Commissioner in appropriate proceedings. When the temple in question is under the management of the Travancore Devaswom Board, the 6[th] respondent Temple Advisory Committee cannot make a claim over the amount collected from the devotees for Para vazhipadu, in view of the provisions under the Rules framed under sub-section (3) of Section 31A of the Act. 20. Along with the reply affidavit, the petitioner has placed on record Ext.P4 order dated 22.05.2023 of the 2[nd] respondent Devaswom Commissioner, whereby the 6[th] respondent Temple Advisory Committee of Pallippuram Painkal Devi Temple stands dissolved. The learned counsel for respondents 6 and 7 would submit that the said respondents have already filed an appeal against Ext.P4 order before the 1[st] respondent Travancore Devaswom Board on 09.06.2023, which is now pending consideration. We do not propose to consider the rival contentions advanced by the learned counsel for the petitioner and the learned counsel for respondents 6 and 7 on the above aspect, since the legality or otherwise of Ext.P4 order is now the subject matter in the appeal filed by respondents 6 and 7 before the 1[st] respondent ``` 25 ``` W.P.(C) No.13953 of 2023 ## Board. In the result, this writ petition is disposed of in terms of the interim order dated 13.04.2023 and without prejudice to the contentions raised by respondents 6 and 7 in the appeal filed on 09.06.2023 before the 1[st] respondent Board challenging Ext.P4 order dated 22.05.2023 of the 2[nd] respondent Devaswom Commissioner. In the absence of a Temple Advisory Committee, the activities in Pallippuram Painkal Bhagavathy Temple shall be managed by the 5[th] respondent Sub Group Officer under the supervision of the 4[th] respondent Assistant Commissioner. In case, the audited accounts of the 6[th] respondent Temple Advisory Committee for the period from 2019-20 onwards, including the accounts in respect of Para vazhipadu, are yet to be submitted by the said Committee, it is for the 4[th] respondent Assistant Commissioner and the 5[th] respondent Sub Group Officer to take necessary steps to ensure that the accounts of the Committee are subjected to audit by the Audit Wing of the Travancore Devaswom Board, without any further delay. ## **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** PV ``` 26 ``` W.P.(C) No.13953 of 2023 ## **`APPENDIX OF WP(C) 13953/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 ``` ``` TRUE COPY OF THE REPRESENTATION SUBMIT- TED BY THE PETITIONER AS SECRETARY OF THE EMPLOYEES WELFARE SOCIETY DATED 14- 12-2022 ``` ``` Exhibit P2TRUE COPY OF THE INFORMATION GIVEN BY THE TRAVANCORE DEVASWOM BOARD THROUGH ITS ASSISTANT COMMISSIONER, DATED 12-1- 2023 ``` ``` Exhibit P3TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT DATED 20-3-2023 TO THE ASSISTANT DEVASWOM COMMISSIONER ``` ``` EXHIBIT P4TRUE COPY OF THE PROCEEDINGS OF THE DEVASWOM COMMISSIONER DATED 22/05/2023, NO. ROC NO:6775/22/NS-1 ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R6(A)TRUE COPY OF THE REPORT OF THE AUDITOR WITH AUDITED STATEMENT OF ACCOUNTS DATED 03.10.2022 ```