Pandalam Valiyakoyikkal Temple Advisory Committee and Pandalam Valiyakoyikkal Devaswom, Pandalam 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 ``` ``` TUESDAY, THE 21[ST] DAY OF NOVEMBER 2023/30TH KARTHIKA, 1945 ``` ``` W.P.(C)NO.38413OF 2023 ``` ## **`PETITIONERS:`** ``` THE PANDALAM VALIYAKOYIKKAL TEMPLE ADVISORY COMMITTEE PANDALAM VALIYAKOYIKKAL DEVASWOM, PANDALAM P.O, ADOOR, PATHANAMTHITTA DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 689501 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR SAILAKSHMI MENON ``` ## **`RESPONDENT/S:`** - **`1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`2 THE DEVASWOM COMMISSIONER OFFICE OF TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR, THIRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP OFFICE, ARANMULA, PATHANAMTHITTA, PIN - 689533`** ``` 4THE ADMINISTRATIVE OFFICER PANDALAM VALIYAKOYIKKAL DEVASWOM, PANDALAM P.O, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 689501 ``` ## **`OTHER PRESENT:`** ``` SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` W.P.(C) No.38413 of 2023 **==> picture [20 x 7] intentionally omitted <==** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.38413 of 2023 ..3.. ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner is the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple, which is a temple under the management of the 1[st] respondent Travancore Devaswom Board. Since the approval of the present Temple Advisory Committee was granted by the 1[st] respondent Board on 29.11.2021, the term of that committee will expire on 28.11.2023. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 4 to consider emergent action upon Ext.P2 representation dated 09.06.2023, within a time limit to be fixed by this Court; a writ of mandamus commanding the respondents to keep in abeyance the election to the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple, pursuant to Exts.P3 to P5 notices, till a decision is taken in Ext.P2 representation dated 09.06.2023; and an order directing respondents 1 to 4 take emergent action upon Exts.P6 and P7 complaints made against the inclusion of certain ineligible persons in the registered mandalam of the devotees, within a time limit to be fixed by this Court. W.P.(C) No.38413 of 2023 ..4.. 2. On 17.11.2023, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions. 3. The respondents have filed a counter affidavit dated 18.11.2023, opposing the reliefs sought for in the writ petition. In the counter affidavit, it is stated that though the meeting of the registered mandalam to elect the members of the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple was scheduled to be held on 13.11.2023, at 9.30 am, at Valiyakoyikkal Devaswom Annadhana Mandapam, the meeting was postponed on account of the demise of Rohininaal Godavarma Raja, a member of Pandalam Palace, and the closure of the temple on 10.11.2023, for 11 days. Thereafter, the 3[rd] respondent Assistant Commissioner published Ext.P5 notice dated 13.11.2023, fixing the date for convening the meeting of the registered mandalam today (21.11.2023). Regarding Exts.P6 and P7 complaints stated to have been made by the members of the registered mandalam, it is pointed out that those complaints were submitted after the cut-off date, i.e., 06.11.2023, for filing objections to the draft list of members, which was published W.P.(C) No.38413 of 2023 **==> picture [20 x 7] intentionally omitted <==** in the notice board. Regarding the ongoing construction of the Gopuram of Pandalam Valiyakoyikkal Temple, it is pointed out that the said work is undertaken by a devotee on sponsorship. No activities under the master plan are being undertaken by the Temple Advisory Committee. In the counter affidavit, the Board has pointed out Circular No.ROC 5455/22/NS-2 dated 30.04.2022 issued by the 2[nd] respondent Devaswom Commissioner and also the law laid down by this Court in **Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379]** and **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** . It is also stated that the Board has made necessary arrangements for the Sabarimala Pilgrims at Pandalam Valiyakoyikkal Devaswom during the Mandala-Makaravilakku festival season of 1199 ME (202324). 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Travancore Devaswom Board, for the respondents. 5. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of W.P.(C) No.38413 of 2023 ..6.. 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. 6. 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 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. 7. 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. W.P.(C) No.38413 of 2023 ..7.. 8. 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 sub-section (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 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. 9. Clause (2) of the Rules deals with the 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 W.P.(C) No.38413 of 2023 **==> picture [20 x 7] intentionally omitted <==** 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. 10. 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. 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 W.P.(C) No.38413 of 2023 ..9.. 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. 12. 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 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), W.P.(C) No.38413 of 2023 ..10.. 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 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. W.P.(C) No.38413 of 2023 ..11.. 13. 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 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 W.P.(C) No.38413 of 2023 **==> picture [26 x 7] intentionally omitted <==** 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. ## 14. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court held that a reading of the provisions under Clause (9) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees makes 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 the 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 W.P.(C) No.38413 of 2023 ..13.. 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 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 **Sunil Kumar C.** this Court found that, in view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down in **Chandu K. [2021 (3) KHC 379]** , the construction, repair or renovation work that has to be undertaken in a Temple not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. 15. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court held that the term of the Temple Advisory Committee is two years from the date of approval of the election by the Devaswom Commissioner, who has the authority to extend W.P.(C) No.38413 of 2023 ..14.. the term by one year in case of development works or unavoidable rituals in the temple. The Board has the power to extend the term by a further period of one year in case of development works or unavoidable rituals in the temple. In view of the prohibition contained in Clause (11) of Ext.P1 Rules, the term of the Temple Advisory Committee cannot be extended beyond the period of two years. In view of the prohibition contained in clause (18), a person, who is an office bearer or member of the Temple Advisory Committee is not eligible to continue as such, continuously exceeding the term of two Committees. As held by this Court in **Chandu K. [2021 (3) KHC 379]** the power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee shall not be exercised as a matter of course. The Devaswom Commissioner or the Board, as the case may be, shall call for a report regarding the developmental works going on in the temple concerned or the unavoidable rituals to be carried out in the temple and apply its mind to the materials and take a decision as to whether extension of term has to be given or not. W.P.(C) No.38413 of 2023 ..15.. 16. In the instant case, the term of the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple will expire on 29.11.2023. In order to elect a new Temple Advisory Committee, the 3[rd] respondent Assistant Commissioner issued Ext.P3 notification. Though the meeting of the registered mandalam was scheduled to be held on 13.11.2023, it was postponed on account of the demise of Rohininaal Godavarma Raja, a member of Pandalam Palace, and the closure of the temple on 10.11.2023, for 11 days. Now the meeting is scheduled today (21.11.2023), vide Ext.P5 notification. 17. Regarding Exts.P6 and P7 complaints stated to have been made by the members of the registered mandalam, the stand taken in the counter affidavit dated 18.11.2023 filed by the respondents is that those complaints were submitted after the cut-off date, i.e., 06.11.2023, for filing objections to the draft list of members, which was published in the notice board. Exts.P6 and P7 complaints are undated. It is not discernible from Exts.P6 and P7 that those complaints were made within the time limit submitted in the notification for filing objections to the draft list of members. As evident from the acknowledgement card at page No.32 of W.P.(C) No.38413 of 2023 ..16.. the writ petition, the 3[rd] respondent Assistant Commissioner acknowledged the receipt of Ext.P7 only on 08.11.2023. Since those complaints are made by third parties, we do not propose to consider the maintainability of those complaints in these proceedings. Therefore, the contentions raised by the petitioner, relying on Exts.P6 and P7 representations are left open. 18. The ongoing construction of the Gopuram of Pandalam Valiyakoyikkal Temple is undertaken by a devotee on sponsorship. It is not a developmental work permitted to be undertaken by the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple, by the Travancore Devaswom Board. The said work undertaken on sponsorship has to be carried out under the supervision of the Maramath wing of the Travancore Devaswom Board. 19. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party 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 W.P.(C) No.38413 of 2023 ..17.. 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 subsection (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. 20. In view of the provisions under Sections 15A, 31 and 31A of the Act and the law laid down in the decisions referred to supra, the Travancore Devaswom Board has a statutory duty to ensure that proper facilities are provided to Sabarimala pilgrims in the temples under its management, which are identified as Sabarimala Edathavalams. The W.P.(C) No.38413 of 2023 ..18.. Temple Advisory Committees of those temples have a statutory duty to render necessary assistance to the Board and its officials in providing proper facilities to Sabarimala pilgrims in the respective temples. In the instant case, the specific stand taken in the counter affidavit filed by the respondents is that the Board has already made necessary arrangements at Pandalam Valiyakoyikkal Temple, which is identified as Sabarimala Edathavalam, during the MandalaMakaravilakku festival season of 1199 ME (2023-24). 21. It is pertinent to note that, in SSCR No.36 of 2023 filed by the Special Commissioner, Sabarimala, this Court has issued orders, whereby the concerned Assistant Commissioners are directed to conduct periodical inspections in Sabarimala Edathavalams including Pandalam Valiyakoyikkal Temple, to ensure that proper facilities are provided at Edathavalams to Sabarimala pilgrims, during the Mandala-Makaravilakku festival season of 1199 ME (202324) and that SSCR is still pending. 22. In the above circumstances, the term of the petitioner Temple Advisory cannot be extended further, as sought for in Ext.P2 representation. Taking note of the directions contained in the orders of this Court in SSCR No.36 W.P.(C) No.38413 of 2023 **==> picture [26 x 7] intentionally omitted <==** of 2023, this writ petition is disposed of by directing the Travancore Devaswom Board and its officials to take necessary steps to ensure that the change in the office bearers of the Temple Advisory Committee of Pandalam Valiyakoyikkal Temple, during the Mandala-Makaravilakku festival season of 1199 ME (2023-2024) is not adversely affecting the facilities provided to Sabarimala pilgrims in that Edathavalam. The submission made by the learned counsel for the petitioner that, the members of the present Temple Advisory Committee shall render necessary assistance to the Board and its officials in providing proper facilities to Sabarimala pilgrims, during the current festival season is recorded. Sd/- Sd/- **G. GIRISH, JUDGE** ded W.P.(C) No.38413 of 2023 ..20.. ## **`APPENDIX OF WP(C) 38413/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1THE TRUE COPY OF THE NOTIFICATION VIDE NO.ROC-1809/09/N.S DATED 30.11.2011 ISSUED BY THE TRAVANCORE DEVASWOM BOARD ``` - **`Exhibit P2 THE TRUE COPY OF THE REPRESENTATION NIL DATED ALONG WITH MINUTES DATED 09.06.2023 SUBMITTED BY THE PETITIONER COMMITTEE BEFORE THE 4TH RESPONDENT`** - **`Exhibit P3 THE TRUE COPY OF THE NOTIFICATION DATED 06.11.2023 ISSUED BY THE 4TH RESPONDENT`** - **`Exhibit P4 THE TRUE COPY OF THE INTIMATION NIL DATED ISSUED BY THE 3RD RESPONDENT POSTPONING ELECTION`** - **`Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 13.11.2023 ISSUED BY THE 3RD RESPONDENT FIXING DATE OF ELECTION TO 21.11.2023`** - **`Exhibit P6 THE TRUE COPY OF THE COMPLAINTS FILED AGAINST THE INCLUSION OF CERTAIN INELIGIBLE PERSONS IN THE ELECTORAL COLLEGE BY EXISTING MEMBER IN THE ELECTORAL COLLEGE VIDE SERIAL NO.879 NAMED SRI. AKHIL R. KRISHAN`** ``` Exhibit P7THE TRUE COPY OF THE COMPLAINT FILED AGAINST THE INCLUSION OF CERTAIN IN- ELIGIBLE PERSONS IN THE ELECTORAL COLLEGE BY EXISTING MEMBER IN THE ELECTORAL COLLEGE VIDE SERIAL NO.916 NAMED SRI. ANU A. ALONG WITH ACKNOWLEDGEMENT CARD ```