Praveen Kumar & Pradeep Kumar 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 P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 22[ND] DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 ``` ``` WP(C) NO. 5767 OF 2023 ``` ## **`PETITIONERS:`** - **`1 PRAVEEN KUMAR, AGED 50 YEARS, S/O SREEKANDAN NAIR, RESIDING AT PRANAVAM , BHAGAVATHINADA PO , BALARAMAPURAM , THIRUVANANTHAPURAM, PIN - 695501`** - **`2 PRADEEP KUMAR, AGED 36 YEARS, S/O SUKUMARAN NAIR, RESIDING AT RAJESWARYBHAVAN, BHAGAVATHINADA PO, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN - 695501`** ``` BY ADV J.S.AJITHKUMAR ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASOM HEAD QUARTERS NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695001`** - **`3 DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA SUB GROUP, NEYYATTINKARA PO THIRUVANANTHAPURAM, PIN - 695121`** - **`4 THE SUB GROUP OFFICER, VENGANOOR BHAGAVATHINADA TEMPLE, BHAGAVATHINADA PO, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN - 695501`** - **`*ADDL.R5 THE ASST.DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEYYATTINKARA PO, PIN - 695 121 IS SUO MOTU IMPLEADED AS THE ADDITIONAL 5[TH] RESPONDENT`** ``` SRI G.SANTHOSH KUMAR - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.5767 of 2023 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are devotees of Venganoor Bhagavathinada Devi Temple, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3[rd] respondent Deputy Commissioner to complete the process for electing a new Temple Advisory Committee of the said temple, within a period of two weeks. 2. Going by the averments in the writ petition, the term of the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple expired in October, 2021. The term was extended by a period of six months by Ext.P1 order dated 13.10.2021 of the 3[rd] respondent Deputy Devaswom Commissioner. It was extended for a further period of six months by Ext.P2 order dated 07.10.2022 of the 1[st] respondent Travancore Devaswom Board, on the ground that the construction of Chuttambalam is going on and the Thrikkarthika Maholsavam has to be conducted. By Ext.P2 order, the term of the Temple Advisory Committee was extended from 24.10.2022 to 23.04.2022. Against the functioning of the Temple Advisory Committee, the devotees submitted Ext.P3 complaint dated 21.10.2022 before the 2[nd] respondent Devaswom 3 ## W.P.(C)No.5767 of 2023 Commissioner. Thereafter, by Ext.P4 order dated 04.01.2023, the extension of the term of the Temple Advisory Committee was limited for a period of three months, i.e., till 22.01.2023. By the said order, the Temple Advisory Committee was required to submit accounts of Thrikkarthika Maholsavam, for audit, within a period of one month. Thereafter, by Ext.P5 order dated 02.02.2023, the 1[st] respondent Board directed the 2[nd] respondent Devaswom Commissioner to take necessary steps to constitute a new Temple Advisory Committee in Venganoor Bhagavathinada Devi Temple. Vide an endorsement dated 07.02.2022, the Assistant Devaswom Commissioner (Legal Affairs) forwarded Ext.P5 order to the additional 5[th] respondent Assistant Devaswom Commissioner, Neyyattinkara Group. After Ext.P5, the devotees of the temple submitted Ext.P6 representation dated 10.02.2023 before the Assistant Devaswom Commissioner for taking necessary steps to conduct election to the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple. The grievance of the petitioners is the inaction on the part of the 1[st] respondent Board and its officials in conducting timely election to the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple. 3. Heard the learned counsel for the petitioners and also 4 W.P.(C)No.5767 of 2023 the learned Standing Counsel for Travancore Devaswom Board. 4. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 deals with the formation of the Temple Advisory Committees. As per sub-section (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 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. 5. 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 5 ## W.P.(C)No.5767 of 2023 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. 6. Clause (3) of the Rules deals with membership. Clause (3) 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 worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with class of persons who are entitled to get membership. 7. In **Santharam Roy T.S. v. Travancore Devaswom** **Board and others [2022 (2) KHC 595 (DB)]** 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 6 ## W.P.(C)No.5767 of 2023 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. 8. Clause (11) of the Rules, which deals with term of office of the Temple Advisory Committee. As per Clause (11) of the Rules, 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 1[st] respondent Board can extend the term for a further period of one year. Clause (11) makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 9. 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 7 ## W.P.(C)No.5767 of 2023 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 8 W.P.(C)No.5767 of 2023 constitution of the Committees are 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 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 extension of term has to be given or not. 10. 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. 11. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** one of the 9 W.P.(C)No.5767 of 2023 contentions raised before this Court by the learned counsel for respondents 5 to 10 was that, the construction or repair or renovation work that has to be undertaken in a Temple under the management of the 1[st] respondent 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 is concerned, as per Clause (2) of the Rules framed by 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 1[st] respondent Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the 10 W.P.(C)No.5767 of 2023 term of the Temple Advisory Committee shall not be extended beyond two years. 12. Clause (18) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. 13. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court held that as per Clause (11) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committee, the construction or repair or renovation work that has to be undertaken in a temple is not outside the purview of the Temple Advisory Committee constituted under Section 31A of the Act. The term of the Temple Advisory Committee is two years 11 ## W.P.(C)No.5767 of 2023 from the date of approval of the election by the Devaswom Commissioner, who has the authority to extend 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 the 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. Respondents 6 to 10 were in the Temple Advisory Committee continuously for a period of four years from 13.03.2017 till 12.03.2021. 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 12 ## W.P.(C)No.5767 of 2023 decision as to whether extension of term has to be given or not. 14. Viewed in the light of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra, the 1[st] respondent Travancore Devaswom Board and its officials have got a statutory duty to ensure timely elections to the Temple Advisory Committee, in order to ensure that the constitution of such committees in the temples under its management, after the expiry of the term of the existing committee is not delayed indefinitely. Similarly, 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. 15. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would submit that pursuant to the direction contained in Ext.P5 order, the additional 5[th ] respondent Assistant Devaswom Commissioner shall issue a notification inviting applications for membership in the registered mandalam, as a preliminary step for conducting election to the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple, within a period of one week and further proceedings for the conduct of election shall be taken in accordance with the 13 ## W.P.(C)No.5767 of 2023 relevant Rules and completed without any delay. In such circumstances, this writ petition is disposed of directing the additional 5[th] respondent Assistant Devaswom Commissioner, Neyyattinkara Group, to commence proceedings for conducting election to the Temple Advisory Committee of Venganoor Bhagavathinada Devi Temple, by issuing a notification, within one week from the date of receipt of a certificated copy of this judgment, inviting applications for membership in the registered mandalam. Further proceedings for the conduct of election shall be taken by the additional 5[th] respondent, strictly in accordance with the relevant Rules, which shall be completed within a further period of two months. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** AV/23/2 14 W.P.(C)No.5767 of 2023 ## **`APPENDIX OF WP(C) 5767/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF THE ORDER DATED 13/10/2021 OF THE 3RD RESPONDENT ``` ``` Exhibit P2 TRUE COPY OF THE ORDER DATED 07/10/2022 OF THE 1ST RESPONDENT ``` ``` Exhibit P3 ``` ``` TRUE COPY OF THE REPRESENTATION DATED 21/10/2022 OF THE PETITIONER & OTHER DEVOTEES TO THE 2ND RESPONDENT ``` ``` Exhibit P4 TRUE COPY OF THE ORDER DATED 04/01/2023 OF THE 1ST RESPONDENT ``` ``` Exhibit P5 TRUE COPY OF THE ORDER DATED 02/02/2023 OF THE 2ND RESPONDENT ``` ``` Exhibit P6 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS TO THE ASSISTANT COMMISSIONER DATED 10/02/2023 ```