Madhusudhanan G. v. Travancore Devaswom Board and Others

1 W.P.(C) No.25060 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G.GIRISH ``` ``` THURSDAY, THE 26[TH] DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 W.P.(C)NO.25060OF 2023 ``` ``` PETITIONER: ``` ``` MADHUSUDHANAN G, AGED 58 YEARS S/O LATE GOPALA PANICKER, KUMBAMVILLA VEEDU, KOTTAAMAM. PARASUVAIKKAL P O, NEYYATTINKARA,THIRUVANANTHAPURAM., PIN - 695508 BY ADVS. V.PREMCHAND HALIYA T.P. MAHADEV M.J. ``` ``` RESPONDENTS: ``` - **`1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY IT SECRETARY, TRAVANCORE DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, KOWDIAR, P.O. THIRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, KOWDIAR, P.O. THIRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, ARRAYYOR, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA P O, THIRUVANANTHAPURAM., PIN - 695121`** - **`4 THE SUB GROUP OFFICER, ARRAYYOR, TRAVANCORE DEVASWOM BOARD, KOTTAAMAM, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121`** - **`SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C) No.25060 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner is a devotee of Kottaamam Shree Dharma Shasta Temple, Neyyattinkara, which is a temple under the management of the 1[st] respondent Travancore Devaswom Board. The petitioner was the Convenor of the Temple Advisory Committee of Kottaamam Shree Dharma Shasta Temple, constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and the General Convenor of a five-member Ad-hoc Committee formed for constructing `Gopuravathil’ of Kottaamam Shree Dharma Shasta Temple. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to take appropriate steps forthwith to induct the remaining members of the Ad-hoc Committee, in order to carry out the construction and related activities of the ‘Gopuravathil’ of the Kottaamam Shree Dharma Shasta Temple; a writ of mandamus commanding the 3[rd] respondent Assistant Devaswom Commissioner to act in terms of the request made by the 4[th] respondent Sub Group Officer in Ext.P3 report dated 30.05.2023 forthwith and allow the Ad-hoc Committee to complete the 3 W.P.(C) No.25060 of 2023 remaining works of the ‘Gopuravathil’ of Kottaamam Shree Dharma Shasta Temple. 2. On 02.08.2023, when this writ petition came up for admission, from the averments in the writ petition this Court noticed that, in Kottaamam Shree Dharma Shasta Temple, which is a major temple under the management of the Travancore Devaswom Board, which is also an ‘Edathavalam’ for Sabarimala pilgrims, there is no Temple Advisory Committee. Instead, an Adhoc Committee, in which the petitioner is the General Convenor, is continuing from the year 2020 onwards. 3. In the order dated 02.08.2023, this Court noticed that, as evidenced by Ext.P2 representation, the name of the Travancore Devaswom Board is printed on the letterhead of the Ad-Hoc Committee. Regarding the use of the name and emblem of the Travancore Devaswom Board, this Court has passed an order in W.P.(C) No.25175 of 2023. In the order dated 02.08.2023, this Court has made it clear that the question of maintainability of the writ petition, on account of non-joinder of necessary parties, i.e., the members of the Ad-Hoc Committee against whom certain allegations are made in the writ petition, will be decided on the next posting date. 4 W.P.(C) No.25060 of 2023 4. On 18.10.2023, the petitioner filed I.A.No.2 of 2023 seeking an order to implead the members of the Ad-Hoc Committee against whom certain allegations are made in the writ petition as additional respondents 5 and 6. 5. On 20.10.2023, the learned Standing Counsel for Travancore Devaswom Board, on instructions, submitted that the Board has already passed an order on 19.08.2023 to dissolve the Ad-Hoc Committee and the 3[rd] respondent Assistant Devaswom Commissioner has been authorised to take necessary steps to constitute a new Temple Advisory Committee at Kottaamam Shree Dharma Shasta Temple. As per the notification issued by the 3[rd] respondent, the last date for submission of applications for membership in the registered mandalam was 20.10.2023. 6. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the Travancore Devaswom Board for the respondents. 7. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 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 5 W.P.(C) No.25060 of 2023 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 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 sub-section (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. 8. 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. 9. 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 6 W.P.(C) No.25060 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. 10. 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 among 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 1[st] respondent Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for collection of funds. He has to print coupons and keep it 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 collection of funds, income and expenditure audited which shall be produced before the authorities in the 7 W.P.(C) No.25060 of 2023 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. 11. In **Sunilkumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party held that under Clause (9) of the Rules 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 Committee constituted under Section 31A of the Act, under constant supervision and scrutiny by the concerned officers of the Travancore Devaswom 8 W.P.(C) No.25060 of 2023 Board, in order to ensure that the activities of the committee is in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act 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 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. v. Travancore Devaswom** **Board [2021 (3) KHC 379]** , 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. In the instant case, the Travancore Devaswom Board has already passed an order on 19.08.2023, to dissolve the AdHoc Committee. As authorised by the Board, the 3[rd] respondent Assistant Devaswom Commissioner has initiated necessary steps to constitute a new Temple Advisory Committee at Kottaamam 9 W.P.(C) No.25060 of 2023 Shree Dharma Shasta Temple. As per the notification issued by the 3[rd] respondent, the last date for submission of applications for membership in the registered mandalam was 20.10.2023. 13. It is for the 3[rd] respondent Assistant Devaswom Commissioner to ensure that the audited accounts of the Ad-Hoc Committee are submitted within a period of three weeks, in order to subject the same to statutory audit. Any failure on the part of the petitioner and other members of the Ad-Hoc Committee in submitting an audit report shall be forthwith reported to the concerned Deputy Devaswom Commissioner for appropriate action. Since the construction of the ‘Gopuravathil’ of Kottaamam Shree Dharma Shasta Temple has already commenced, it is for the 1[st] respondent Travancore Devaswom Board to ensure that the said work is completed without any further delay. Since Kottaamam Shree Dharma Shasta Temple is an ‘Edathavalam’ for Sabarimala pilgrims, it is for the Board to take necessary steps to ensure that proper facilities are provided to Sabarimala pilgrims during Mandala-Makaravilakku festival season of 1199 ME (202324). 14. In view of the law laid down by this Court in **Sunilkumar C. [2022 (4) KHC 663]** the petitioner cannot seek a writ of mandamus commanding the respondents to take 10 W.P.(C) No.25060 of 2023 appropriate steps to induct the remaining members of the Ad-hoc Committee, in order to carry out the construction and related activities of the ‘Gopuravathil’ of Kottaamam Shree Dharma Shasta Temple. For the said reason, the petitioner cannot also seek the consequential reliefs sought for in this writ petition. In the result, this writ petition fails and the same is accordingly dismissed; subject to the directions contained hereinbefore. (sd/-) (sd/-) **G. GIRISH, JUDGE** jsr 11 W.P.(C) No.25060 of 2023 ## **`APPENDIX OF WP(C) 25060/2023`** ## **`PETITIONER’S EXHIBITS`** - **`Exhibit-P1 A TRUE COPY OF THE COPY OF THE BROCHURE REGARDING THE MODEL OF PROPOSED GOPURA VAATHIL`** - **`Exhibit-P2 A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER AND ANOTHER MEMBER BEFORE THE 2ND RESPONDENT DATED 25.05.2023`** - **`Exhibit-P3 A TRUE COPY OF THE COMMUNICATION DATED 30.05.2023 OF THE SUBGROUP OFFICER, TRAVANCORE DEVASWOM BOARD RECEIVED UNDER THE RTI ACT`** - **`Exhibit-P4 A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 05.07.2023 TO THE COMMISSIONER, TRAVANCORE DEVASWOM`** - **`Exhibit-P5 A TRUE COPY OF THE PHOTOGRAPH REVEALING THE DRINKING WATER FACILITY INSTALLED`** - **`Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 13.09.2023 ISSUED BY THE SUB GROUP OFFICER, ANAYOOR`** - **`Exhibit P7 TRUE COPY OF THE NOTICE DATED 1.10.2023 ISSUED BY THE TRAVANCORE DEVAWSOM BOARD`**