R. Siva Prasad 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 ``` ``` MONDAY, THE 19[TH] DAY OF JUNE 2023 / 29TH JYAISHTA, 1945 ``` ``` W.P.(C)NO.22291 OF 2021 ``` ## **`PETITIONER/S:`** ``` R.SIVA PRASAD AGED 62 YEARS S/O. RAMAN MENON, KANNAMANGALATH, THURAVOOR P.O., CHERTHALA, ALAPPUZHA-688 534. ``` ``` BY ADVS. T.SETHUMADHAVAN (SR.) M.V.BALAGOPAL PREETHI. P.V. ``` ## **`RESPONDENT/S:`** - **`1 THE TRAVANCORE DEVASWOM BOARD NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA 695 003, REPRESENTED BY ITS COMMISSIONER.`** - **`2 THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD, VAIKOM, VAIKOM, PIN686 141.`** - **`3 THE ADMINISTRATIVE OFFICER THURAVOOR MAHASHETRAM, THURAVOOR P.O., CHERTHALA, PIN-688 532.`** - **`4 THURAVOOR MAHAKSHETHRA BHAKTHAJANA SAMITHI REG.NO.878/92, THURAVOOR P.O., CHERTHALA, IN-688 532, REPRESENTED BY ITS SECRETARY.`** - **`5 THE DISTRICT REGISTRAR REGISTRAR OF CHARITABLE SOCIETIES, ALAPPUZHA-688 011.`** - **`6 ADDL.R6. ADV. P. SHARGADHARAN, THUNDIL HOUSE, EZHUPUNNA SOUTH.P.O., CHERTHALA, ALAPPUZHA-688537. (IS SUO MOTU IMPLEADED ADDL. R6 AS PER ORDER DATED 13-10-2021).`** - **`7 ADDL.R7. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA`** - **`KADATHI KAVALA,CHERTHALA, PIN-688524.`** W.P.(C)NO.22291 OF 2021 -2 **`-`** - **`8 ADDL.R8. THE STATION HOUSE OFFICER,KUTHIYATHODU POLICE STATION, THURAVOOR, ALAPPUZHA, PIN-688533. (ARE SUO MOTU IMPLEADED ADDITIONAL R7 AND ADDITIONAL R8 AS PER ORDER DATED 27-10-2021 IN WP(C) 22291/2021).`** - **`9 ADDL.R9. I.G. OF REGISTRATION REGISTRATION I.G. OFFICE, VANCHIYOOR, THIRUVANANTHAPURAM-695035. (IS SUO MOTU IMPLEADED AS PER ORDER DATED 21-06-2022 IN WP(C)). BY ADVS. G.SANTHOSH KUMAR (P). RAAJESH S.SUBRAHMANIAN GOVERNMENT PLEADER B.S.SWATHI KUMAR ANITHA RAVINDRAN HARISANKAR N UNNI V.R.RAJESH RAJIT`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C)NO.22291 OF 2021 -3 **`-`** ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Thuravoor Mahakshetram, which is a temple under the management of the Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P14 order dated 04.10.2021 of the Assistant Devaswom Commissioner, whereby an ad-hoc committee has been constituted for conducting the temple festival of Thuravoor Mahakshetram for the year 1197 ME, from 27.10.2021 till 04.11.2021. The petitioner has also sought for an order directing the 4[th] respondent Thuravoor Mahakshethra Bhakthajana Samithi not to hold a meeting or election, including the one proposed to be conducted by Exts.P12 and P13 notices dated 29.09.2021 and 30.09.2021 respectively; a writ of mandamus commanding respondents 1 to 3 to ensure that the 4[th] respondent does not interfere with the affairs of the Thuravoor Mahakshethram; and a writ of mandamus commanding the 5[th] respondent District Registrar to take up Ext.P9 application made by the 1[st] respondent Travancore Devaswom Board to cancel the registration of the 4[th] respondent Samithi. W.P.(C)NO.22291 OF 2021 -4 **`-`** 2. On 13.10.2021, when this writ petition came up for consideration, this Court passed a detailed order, which reads thus: The petitioner, who is a devotee of Narasimha Moorthy of Thuravoor Mahadekshetram, which is under the administrative control of Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P14 order dated 04.10.2021 of the 2[nd] respondent Assistant Commissioner, Travancore Devaswom Board, Vaikom; a writ of mandamus commanding the 4[th] respondent Thuravoor Mahakshetra Bhakthajana Samithi, represented by its Secretary, not to hold any meeting or election including the ones proposed to be conducted vide Ext.P12 notice dated 29.09.2021 issued by the Administrative Officer of Thuravoor Mahakshetra Bhakthajana Samithi; a writ of mandamus commanding respondents 1 to 3 to ensure that the 4th respondent Samithi does not interfere in the affairs of Thuravoor Mahakshethram; and a writ of mandamus commanding the 5th respondent District Registrar, Registrar of Charitable Societies, Alappuzha, to take up Ext.P9 application made by the 1[st] respondent Travancore Devaswom Board and to cancel the registration of the 4th respondent Samithi. 2. In paragraph 9 of the writ petition, it is pointed out that a eleven-member Committee under the chairmanship of Justice K. Padmanabhan Nair, a former Judge of this Court, has already been constituted vide Ext.P10 judgment dated 07.05.2021 in W.P.(C)No.10868 of 2021 and Ext.P11 W.P.(C)NO.22291 OF 2021 -5 **`-`** judgment dated 12.08.2021 in R.P.No.448 of 2021 in W.P.(C)No.10868 of 2021 of this Court, for execution of certain renovation and development works in the temple. The said Samithi was also recognised as the Temple Advisory Committee. 3. In paragraph 10 of the writ petition, it is stated that the Annual General Body Meeting of the 4[th] respondent Samithi is scheduled to be held on 19.10.2021, vide Ext.P12 notice dated 29.09.2021, wherein it is stated that Adv.P. Shargadharan, High Court of Kerala has been authorised to act as the Returning Officer for conducting election. The said Shargadharan has also issued Ext.P13 election notification, in which it is mentioned as follows; “ _ഹാജ_ ർ ർ ൻ, _ഹഹക ാ_ ർ _: അഡ്വ. പി . ശാ ്ᨲധര ്ᨾ് ഓഫ് ക രള "_ 4. The Emblems and Names (Prevention of Improper Use) Act, 1950 deals with prohibition of improper use of certain emblems and names. As per Section 3 of the Act, notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or, any colourable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorised in this behalf by the Central Government. Sl.No.17 of the Schedule reads thus; “17. The name of the Parliament or the Legislature of any State, or the Supreme Court, or the High Court of any State, or the Central W.P.(C)NO.22291 OF 2021 -6 **`-`** Secretariat, or the Secretariat of any State Government or any other Government Office or the pictorial representation of any building occupied by any of the aforesaid institutions.” 5. Having considered the pleadings and materials on record and also the submissions made by the learned Senior Counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for the 5[th] respondent, we deem it appropriate to suo motu implead Adv.P. Shargadharan, Thundil House, Ezhupunna South P.O., Cherthala, Alappuzha – 688 537, as additional 6[th] respondent. 6. The specific case of the petitioner in paragraph 10 of the writ petition is that the 4[th] respondent Samithi tries to give a stamp of authenticity to the election procedure, by stating that a lawyer has been appointed by the High Court for the said purpose. 7. The additional 6[th] respondent shall file an affidavit, explaining the facts and circumstances in which the name of this Court is used in Ext.P13 election notification, as if he has been appointed by this Court as Returning Officer for conducting election of the 4[th] respondent Samithi. 8. The learned Standing Counsel for Travancore Devaswom Board takes notice on admission for respondents 1 to 3. Issue urgent notice on admission by special messenger to the 4[th] respondent and also to the additional 6th respondent, returnable by 20.10.2021. The learned Senior Government Pleader takes notice for the 5[th] respondent. 9. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, there will be an order of stay and operation of W.P.(C)NO.22291 OF 2021 -7 **`-`** Ext.P14 order dated 04.10.2021 and also all further proceedings pursuant thereto, for a period of one month. 9. The learned Senior Government Pleader shall get instructions from the 5[th] respondent District Registrar as to the action taken on Ext.P9 letter dated 29.03.2019 of the Commissioner of the 1[st] respondent Travancore Devaswom Board.” 3. The 6[th] respondent has filed an affidavit dated 19.10.2021, in terms of the direction contained in paragraph 7 of the order dated 13.10.2021. In the said affidavit, the 6[th] respondent has tendered an unconditional apology. The order dated 13.10.2021 was followed by various orders passed by this Court in this writ petition along with connected matters, i.e., W.P.(C) No.4847 of 2019, Contempt of Court Case (C)No.2032 of 2021 and DBP No.62 of 2022. All the connected matters have already been disposed of, except this writ petition and W.P.(C)No.4847 of 2019. 4. Heard learned Senior Counsel for the petitioner, learned Standing Counsel for the Travancore Devaswom Board, learned Senior Government Pleader and the learned Counsel for the 4[th] respondent. 5. In terms of the directions contained in the order of this Court dated 20.10.2021 in W.P.(C)No.22291 of 2021, a Temple Advisory Committee has already been constituted in Thuravoor W.P.(C)NO.22291 OF 2021 -8 Mahakshethra, in terms of the statutory provisions under Section 31A of the Travancore-Cochin Religious Institutions Act, 1950, and the said Committee is holding office. 6. On 14.02.2023, when this writ petition along with the connected matters, including DBA No.9 of 2022 filed by the Travancore Devaswom Board, came up for consideration, this Court passed a detailed order regarding certain construction works in Thuravoor Mahakshethram. The said order reads thus: “W.P.(C)No.4847 of 2019, filed by Thuravoor Mahakshetra Upadeshaka Samithi is one seeking a writ of mandamus commanding respondents 1 to 3 to ensure that the 4th respondent Thuravoor Mahakshetra Bhakthajana Samithi hands over to the petitioner Thuravoor Mahakshethra Upadeshaka Samithi all the assets, valuables and properties which were created by it and also came into its possession, forthwith. The petitioner has also sought for a writ of mandamus commanding the 4th respondent Bhakthajana Samithi to handover the originals of Exts.P5 to P8 title deeds, i.e., sale deeds bearing Nos.263/I/2004, 461/2018, 489/I/2018 and gift deed bearing No.217/2011 of Kuthiyathodu Sub Registrar Office to the Upadeshaka Samithi and to put it in possession of the properties covered by those documents. The further reliefs sought for is a writ of mandamus commanding the 4[th] respondent Bhakthajana Samithi to hand over to the petitioner Upadeshaka Samithi the movables/valuables mentioned in Ext.P9 list; a writ of mandamus commanding the 4[th] respondent Bhakthajana Samithi to pay to the petitioner Upadeshaka Samithi the W.P.(C)NO.22291 OF 2021 -9 **`-`** entire amounts available in the accounts in the banks mentioned in Ext.P11 list on the date of Ext.P3 order in DBP No.52 of 2018; and a writ of mandamus commanding the 4th respondent Bhakthajana Samithi not to use the phrase 'Thuravoor Mahakshetram' as part of its name. 1.1. On 18.02.2019, when W.P.(C)No.4847 of 2019, came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 3. Urgent notice by special messenger was ordered to the 4th respondent. 1.2. Respondents 1 and 2 filed a counter affidavit dated 15.05.2019 producing therewith Exts.R1(a) to R1(c) documents. The 4[th] respondent Bhakthajana Samithi has filed a counter affidavit dated 01.06.2019. Along with I.A.No.2 of 2019, respondents 1 and 2 have placed on record Exts.R1(d) to R1(f) documents. Along with I.A.No.1 of 2020, the petitioner has placed on record Exts.P14 to P15 documents. Respondents 1 and 2 have filed another counter affidavit dated 30.01.2020 producing therewith Ext.R1(g) proceedings dated 29.01.2020 of the Deputy Devaswom Commissioner dissolving the Temple Advisory Committee in Thuravoor Mahakshetram. The 4[th] respondent Bhakthajana Samithi has filed an additional counter affidavit dated 10.02.2020 producing therewith Exts.R4(a) to R4(d) documents. On 21.06.2022, along with I.A.No.1 of 2022, the petitioner Upadeshaka Samithi has placed on record Exts.P16 to P19 additional documents. 1.3. On 12.03.2019, when this Writ Petition came up for consideration, the learned counsel for the petitioner submitted that a fresh election has taken place and the Temple Advisory Committee took charge, and that the 4th W.P.(C)NO.22291 OF 2021 -10 **`-`** respondent Bhakthajana Samithi has been trying to alienate the property. The learned counsel for the 4[th] respondent Bhakthajana Samithi submitted that the said Samithi being a charitable trust, there is no such intention to alienate any of the properties. The aforesaid submission made on behalf of the Bhakthajana Samithi was recorded. 1.4. On 04.04.2022, when this Writ Petition came up for consideration, during the course of arguments, on a query made by this Court, the learned counsel for the 4[th] respondent Bhakthajana Samithi submitted that the said Samithi acquired properties covered by Exts.P5 to P7 after collecting money from the devotees and availing loan. The property covered by Ext.P8 is one dedicated by Smt.Gouriamma to the 4[th] respondent Bhakthajana Samithi, subject to the restrictions contained therein. 2. In W.P.(C)No.4847 of 2019 and connected matters, we have passed various orders during the Annual Temple Festival of the year 2021 and also during the year 2022. 3. W.P.(C)No.22291 of 2021 is one filed by Sri.R.Siva Prasad, who is a devotee of Thuravoor Mahakshetram seeking a writ of certiorari to quash Ext.P14 order dated 04.10.2021 of the Assistant Devaswom Commissioner forming a festival committee for conducting annual festival in the said temple in the year 2021. In the said Writ Petition, the petitioner has also sought for an order directing the 4th respondent Bhakthajana Samithi not to hold any meeting or conduct election including the one proposed to be conducted vide Ext.P12 notification dated 29.09.2021 and Ext.P13 notification dated 30.09.2021; a writ of mandamus commanding respondents 1 to 3 to ensure that the 4th respondent Bhakthajana Samithi does not interfere in the W.P.(C)NO.22291 OF 2021 -11 **`-`** affairs of the Thuravoor Mahakshetram; a writ of mandamus commanding the 5[th] respondent District Registrar, Alappuzha to take up Ext.P9 application dated 29.03.2019 and to cancel the registration of the 4th respondent Bhakthajana Samithi. 3.1. In the said Writ Petition, we have passed a detailed order dated 30.10.2021, which was followed by various orders regarding the conduct of the annual festival at Thuravoor Mahakshetram for the year 2021 and also for the year 2022. 4. Contempt Case(c) No.2032 of 2021 is one filed by the petitioner in W.P.(C)No.22291 of 2021 against the Administrative Officer of Thuravoor Mahakshetram alleging willful disobedience of the orders dated 20.10.2021, 21.10.2021 and 27.10.2021 in W.P.(C)No.22291 of 2021. 5. D.B.A.No.9 of 2022 wss filed by The Travancore Devaswom Board seeking to permit the Board to complete the renovation/reconstruction works of three Sreekovils of Durga, Sasthavu and Yakshi at Thuravoor Mahakshetram with the assistance of the 2[nd] respondent Vrischika Thiruvona Trust and with the supervision of the committee constituted as per the order dated 07.05.2021 in W.P.(C)No.10868 of 2021 subject to the modification in the order dated 12.08.2021 in R.P.No.448 of 2021, within a time frame to be fixed by this Court. 6. D.B.P.No.62 of 2022 was initiated suo motu on the basis of a complaint submitted by a devotee pointing out various issues in connection with the annual festival in Thuravoor Mahakshetram scheduled to be commenced from 17.10.2022. The complaints were mainly regarding the auction of right to conduct various stalls and also other W.P.(C)NO.22291 OF 2021 -12 **`-`** rights scheduled during the period of the festival. In that D.B.P., this Court has issued various orders regarding the conduct of auction and also other issues relating to the Temple Festival. 7. Heard the learned Senior Government Pleader, the learned Standing Counsel for the Travancore Devaswom Board, the learned Senior Counsel/learned counsel appearing for the respective petitioners in Writ Petitions, the learned counsel for Thuravoor Bhakthajana Samithi and the Temple Advisory Committee, and also the learned counsel for the 2[nd] respondent in D.B.A.No.9 of 2022. 8. As per the order dated 12.9.2018 in D.B.P. No. 33 of 2018 this Court directed the Travancore Devaswom Board to complete renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram within a period of six months. W.P(c) No. 10868 of 1021 was disposed of by directing the Travancore Devaswom Board to complete the work within one year with the assistance of Thuravoor Mahakshetra Samithi. That judgement was reviewed in the order dated 12.8.2021 and an eleven member Committee was constituted to undertake the work and former Judge of this Court Justice K.Padmanabhan Nair was requested to supervise the work. It is in that context the Travancore Devaswom Board approached this Court by filing D.B.A No. 9 of 2022 seeking permission to complete the renovation/reconstruction works with the assistance of the 2[nd] respondent in D.B.A.No.9 of 2022 Vrischika Thiruvona Trust, which is under consideration of this Court. 9. The learned counsel appearing for the petitioners in W.P.(C) No.4847 of 2019 and the learned counsel appearing for the 2nd respondent in D.B.A.No.9 of 2022 would submit W.P.(C)NO.22291 OF 2021 -13 **`-`** that the work for the renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in Thuravoor Mahakshetram was commenced at the instance of the Travancore Devaswom Board. The learned Standing Counsel for the Travancore Devaswom Board, in answer to a query from the Court, submitted that ground clearance in the prelude to the work in question alone is being done. 10. The learned Senior Government Pleader would submit that D.B.A No. 9 of 2023 was filed by the Travancore Devaswom Board without first approaching the learned Ombudsman by placing the estimate and relevant materials concerning the work and the mode of undertaking the work. The submission of the learned counsel appearing for the petitioner in W.P.(C)No.4847 of 2019 is that despite constitution of a Temple Advisory Committee in terms of the statutory provisions, the work is proposed to be undertaken by a different committee for which the Travancore Devaswom Board does not have any statutory authority. In that context, the law laid down in **Sunil Kumar C. and** ## **others v. Travancore Devaswom Board and others** **[2022 (4) KHC 663]** is placed reliance on. 11. In that decision this Court considered the legality of the constitution of ad hoc committees in Temples under the management of the Travancore Devaswom Board in the light of the provisions of the Rules framed under Section 31(3) of the Travancore-Cochin Religious Institutions Act, 1950 for the formation of Temple Advisory Committees, which was Ext.P1 in that case. This Court held, “43. A reading of the provisions under Clause (21) of Ext.P1 Rules make it explicitly clear that the said provisions can be invoked only in the W.P.(C)NO.22291 OF 2021 -14 **`-`** case of a temple in which there is any practical difficulty for the formation of a Temple Advisory Committee, in which event, the 1[st] respondent Board is vested with the power to approve any other committee functioning in that temple, considering the special circumstances prevailing in that temple. The provisions under Clause (21) would not enable the 1[st] respondent Board or the 2[nd] respondent Commissioner to approve an Ad-hoc Committee, in the place of a Temple Advisory Committee, for the purpose of undertaking construction or repair or renovation work in a temple.” 12. We have perused the Judges' papers in R.P.No.448 of 2021 in W.P(c) No. 10868 of 1021. R.P.No.448 of 2021 was filed by a third party pointing out that there were allegations against Thuravoor Mahadeva Bhakthajana Samithi and the learned Ombudsman had taken cognizance of the dubious and anti-Temple activities of the Bhakthajana Samithi. After considering such contentions, this Court had reconstituted the ad hoc committee. The Secretary of the Thuravoor Mahakshetra Bhakthajana Samithi was retained as a member of the said committee. Now the request of the Travancore Devaswom Board in D.B.A.No.9 of 2022 is to accord permission to undertake the said work, through the said ad hoc committee constituted as per the orders of this Court. 13. A Temple Advisory Committee has been constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act in Thuravoor Mahakshethram. The order constituting the present Temple Advisory Committee was ## W.P.(C)NO.22291 OF 2021 -15 **`-`** issued on 19.09.2022, and the said committee had conducted the annual festival in Thuravoor Mahakshetram in the year 2022. Before constitution of that committee, orders constituting the ad hoc committee was issued in W.P.(C) No.10868 of 2021 for undertaking the construction of three Sreekovils of Durga, Sasthavu and Yekshi, in Thuravoor Mahakshetram. Now, the contention of the petitioners in W.P. (C) Nos.4487 of 2019 and 22291 of 2021 is that when there is a statutorily constituted Temple Advisory Committee, it is inappropriate to allow another committee to involve in the affairs of the Temple. The Travancore Devaswom Board, however, approached this Court with an application in D.B.A.No.9 of 2022 to grant permission to undertake the work through the said ad hoc committee with the assistance of the 2[nd] respondent, Vrischika Thiruvona Trust. The learned Senior Government Pleader pointed out that the Learned Ombudsman is yet to vet the said work and the 1[st] respondent Local Fund Audit did not get an opportunity to check financial propriety and related matters of the work. The larger question whether a private trust like the 2[nd] respondent Vrischika Thiruvona Trust can be allowed to undertake the work is also to be appropriately addressed. 14. In the light of the law laid down in **Sunil Kumar C. (supra)** it has to be decided whether it is legal and appropriate to undertake the work under the supervision of the said ad hoc committee. Similarly, the other questions mentioned hereinbefore concerning the work renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram raised by the parties, including the 1st respondent, Local Fund W.P.(C)NO.22291 OF 2021 -16 **`-`** Audit are to be resolved before according permission to commence the work. In such circumstances, we direct the Travancore Devaswom Board and its officials not to commence or carry out the renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in Thuravoor Mahakshethram without obtaining permission from this Court.” 7. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** a Division Bench of this Court, in which both of us are parties, noticed that, as per Clause (2) of the Rules regarding the formation of Temple Advisory Committees in temples under the management of Travancore Devaswom Board, framed under sub-section (3) of Section 31A of the Act, 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 Travancore Devaswom Board can extend the term for a further W.P.(C)NO.22291 OF 2021 -17 **`-`** 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. 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 Travancore Devaswom 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 W.P.(C)NO.22291 OF 2021 -18 **`-`** of the President and the Secretary. 8. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court found that a reading of the provisions under Clause (9) of the Rules 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 of the Travancore Devaswom 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 contemplates 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 W.P.(C)NO.22291 OF 2021 -19 **`-`** temple, the normal rule is that any developmental activity in a temple, which is not undertaken directly by the Travancore Devaswom 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. [2021 (3) KHC 379]** , this Court held that 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. 9. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** a Division Bench of this Court, in which both of us are parties, held that the role of a Temple Advisory Committee constituted under Section 31A of the Act, in a temple under the management of the Travancore Devaswom Board, is to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage of that temple. 10. In view of the law laid down by this Court in **Sunil Kumar C. [2022 (4) KHC 663]** and **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** the 4[th] W.P.(C)NO.22291 OF 2021 -20 **`-`** respondent Thuravoor Mahakshethra Bhakthajana Samithi cannot interfere in any manner in the management of Thuravoor Mahakshethram by the 1[st] respondent Travancore Devaswom Board and its officials or even the activities of the Temple Advisory Committee of the said temple, constituted under Section 31A of the Act, which has to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage of that temple. No activities of the 4[th] respondent Thuravoor Mahakshethra Bhakthajana Samithi shall be permitted in the premises of Thuravoor Mahakshethram and it is for the Travancore Devaswom Board and its officials to ensure strict compliance of the directions contained in this judgment. 11. Another relief sought for in this writ petition is a direction to the 5[th] respondent District Registrar, Alappuzha to take up Ext.P9 application dated 28.03.2019 made by the Travancore Devaswom Board to cancel the registration obtained by the 4[th] respondent Thuravoor Mahakshethra Bhakthajana Samithi under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955. The said Samithi was functioning as the Temple Advisory Committee of Thuravoor Mahakshethram, till 05.09.2018. The functioning of the said Samithi as the Temple W.P.(C)NO.22291 OF 2021 -21 **`-`** Advisory Committee of Thuravoor Mahakshethram was stopped by the order of this Court dated 05.09.2018 in D.B.P.No.52 of 2018. In Ext.P9 application made by the Travancore Devaswom Board to cancel the registration obtained by the said Samithi, it is alleged that even after the order dated 05.09.2018 in D.B.P.No.52 of 2018 the Samithi is collecting money from the devotees of Thuravoor Mahakshethram. In the counter affidavit filed by the 5[th] respondent District Registrar, it is stated that there is no enabling provision in the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955 to take action against societies registered under the said Act, with names identified by the respective temple/deities under the banner of Temple Protection Committees, Bhakthajana Samithi, etc. 12. In **Suneesh K.S. v. Travancore Devaswom Board and others [ILR 2022 (1) Ker. 1091]** a Division Bench of this Court, in which both of us are parties, held that traders, who are successful bidders of various kuthaka items in the temples under the management of Travancore Devaswom Board, shall not be permitted to exhibit in front of their stall either the name of Travancore Devaswom Board or the name of the deity or temple They shall also not be permitted to exhibit their mobile number or telephone number in front of their stall. Similarly, no trader, who W.P.(C)NO.22291 OF 2021 -22 **`-`** is conducting any stall outside the temple premises, after obtaining necessary licence from the concerned Municipality or Grama Panchayat, shall not be permitted to exhibit in front of their stall either the name of Travancore Devaswom Board or the name of the deity or temple. The concerned Assistant Devaswom Commissioner and the Administrative Officer shall take necessary steps to ensure that no trader, who is the successful bidder of any kuthaka item in the temples under the management of Travancore Devaswom Board is exhibiting in front of his stall either the name of Travancore Devaswom Board or the name of the deity or temple. In case, any trader, who is conducting stall outside the temple premises, after obtaining necessary licence from the concerned Municipality or Grama Panchayat, is exhibiting in front of his stall either the name of Travancore Devaswom Board or the name of the deity or temple, the concerned Assistant Devaswom Commissioner and the Administrative Officer shall bring it to the notice of the Secretary of the concerned Municipality or Grama Panchayat, as the case may be, and also the Station House Officer of the concerned Police Station. On receipt of any such complaint, the Secretary of the concerned Municipality or Grama Panchayat or the Station House Officer of the concerned Police Station shall take necessary action against such a trader, in accordance with W.P.(C)NO.22291 OF 2021 -23 **`-`** law. The Secretary of the Travancore Devaswom Board was directed to issue a circular, within one month from the date of receipt of a certified copy of that judgment, requiring the concerned Assistant Devaswom Commissioner and the Administrative Officer to take necessary action, in terms of the above directions contained in that judgment. 13. Section 31A of the Act deals with the formation of the Temple Advisory Committees in temples under the management of the Travancore Devaswom Board. 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 the participation of Hindu devotees. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the Board. The draft rules have been approved by this Court, by the order dated 03.11.2011 in D.B.A.No.153 of 2019. 14. 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. W.P.(C)NO.22291 OF 2021 -24 **`-`** ## 15. In **Santharam Roy T.S. v. Travancore Devaswom** **Board, [2022 (2) KHC 595]** a Division Bench of this Court, in which both of us are parties, held that the provisions under Clause (3) of the Rules regarding the formation of Temple Advisory Committees in temples under the management of Travancore Devaswom Board make 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 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. 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. 16. In view of the statutory provisions under the Act regarding the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board, in order to ensure the participation of Hindu devotees, and W.P.(C)NO.22291 OF 2021 -25 **`-`** to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage of that temple, no Bhakthajana Samithi or Committee consisting of the devotees can be permitted to use the name of the deity or the temple. It is for the Travancore Devaswom Board to initiate appropriate proceedings against the 4[th] respondent Thuravoor Mahakshethra Bhakthajana Samithi, before the appropriate forum, for misusing the name of the temple. With the above directions, this writ petition is disposed of. No order as to costs. Sd/- Sd/- ## **P.G. AJITHKUMAR, JUDGE** uu W.P.(C)NO.22291 OF 2021 -26 **`-`** ## **`APPENDIX OF WP(C) 22291/2021`** ## `PETITIONER EXHIBITS` |**`Exhibit P1`**|**`TRUE COPY OF THE BYELAWS OF THE 4TH`**| |---|---| ||**`RESPONDENT SAMITHY WHICH WERE FRAMED IN`**| ||**`THE YEAR 1992 ALONG WITH THE SUBSEQUENT`**| ||**`AMENDMENTS EFFECTED IN THE YEARS 2002`**| ||**`AND 2017.`**| |**`Exhibit P2`**|**`TRUE COPY OF THE JUDGMENT IN DBP`**| ||**`NO.52/2018 DATED 5.9.2018.`**| |**`Exhibit P3`**|**`TRUE COPY OF THE ORDER OF THE DEPUTY`**| ||**`DEVASWOM COMMISSIONER DATED 12.10.2018.`**| |**`Exhibit P4`**|**`TRUE COPY OF THE NOTICE PUBLISHED BY THE`**| ||**`4TH RESPONDENT SAMITHI DATED 28.8.2017.`**| |**`Exhibit P5`**|**`TRUE COPY OF THE NOTICE PUBLISHED IN`**| ||**`MATHRUBHUMI DAILY DATED 2.12.2019.`**| |**`Exhibit P6`**|**`TRUE COY OF THE COUNTER AFFIDAVIT FILED`**| ||**`BY THE 4TH RESPONDENT IN WPC`**| ||**`NO.4847/2019 DATED 1.6.2019.`**| |**`Exhibit P7`**|**`TRUE COPY OF THE COUNTER AFFIDAVIT FILED`**| ||**`BY THE IST RESPONDENT IN WPC`**| ||**`NO.4847/2019 DATED 15.5.2019.`**| |**`Exhibit P8`**|**`TRUE COPY OF THE NOTICE ISSUED BY THE`**| ||**`IST RESPONDENT DATED 29.3.2019.`**| |**`Exhibit P9`**|**`TRUE COPY OF THE LETTER ISSUED BY`**| ||**`DISTRICT REGISTRAR OF CHARITABLE`**| ||**`SOCIETIES, ALAPPUZHA DATED 29.3.2019.`**| |**`Exhibit P10`**|**`TRUE COPY OF THE JUDGMENT IN WPC`**| ||**`NO.10868/2021 DATED 7.5.2021.`**| |**`Exhibit P11`**|**`TRUE COPY OF THE JUDGMENT IN RP 448/2021`**| ||**`IN WPC NO.10868/2021 DATED 12.8.2021.`**| |**`Exhibit P12`**|**`TRUE COPY OF THE NOTICE ISSUED BY THE`**| ||**`4TH RESPONDENT DATED 29.9.2021.`**| |**`Exhibit P13`**|**`TRUE COPY OF THE ELECTION NOTIFICATION`**| ||**`DATED 30.9.2021.`**| |**`Exhibit P14`**|**`TRUE COPY OF THE ORDER OF THE 2ND`**| ||**`RESPONDENT DATED 4.10.2021`**| |**`RESPONDENT EXHIBITS`**|| |**`Exhibit R6(A)`**|**`TRUE COPY OF THE RESOLUTION NO.3 DATED`**| ||**`18.9.2021 OF THE 4TH RESPONDENT.`**| |**`Exhibit R6(B)`**|**`TRUE COPY OF THE COMMUNICATION DATED`**| ||**`20.9.2021 OF THE 4TH RESPONDENT.`**| |**`Exhibit R6(C)`**|**`TRUE COPY OF THE PROCEEDINGS DATED`**| ||**`4.10.2021 OF THE 6TH RESPONDENT`**| |**`Exhibit R6(D)`**|**`TRUE COPY OF THE PROCEEDINGS DATED`**| W.P.(C)NO.22291 OF 2021 ||-27**`-`**| |---|---| ||**`8.10.2021 OF THE 6TH RESPONDENT.`**| |**`Exhibit R6(E)`**|**`TRUE COPY OF THE RESIGNATION LETTER`**| ||**`DATED 13.10.2021 OF THE 6TH RESPONDENT.`**| |**`RESPONDENT ANNEXURES`**|| |**`Annexure I`**|**`TRUE COPY OF THE MINUTES OF THE MEETING.`**| |**`Annexure -II`**|**`TRUE COPY OF THE LETTER DATED`**| ||**`29.10.2021.`**| |**`Annexure -III`**|**`TRUE COPY OF THE LIST OF PERSONS IN THE`**| ||**`SUB COMMITTEE SUBMITTED BY THE CHAIRMAN`**| ||**`OF THE FESTIVAL COMMITTEE.`**| |**`Annexure -IV`**|**`TRUE COPY OF THE REPRESENTATION DATED`**| ||**`30.10.2021 FROM THE CHAIRMAN AND`**| ||**`CONVENOR OF FESTIVAL COMMITTEE`**| |**`Annexure -V`**|**`TRUE COPY OF THE REPRESENTATION DATED`**| ||**`30.10.2021 BY THE CHAIRMAN AND CONVENOR`**| ||**`OF FESTIVAL COMMITTEE`**| |**`Annexure -VI`**|**`TRUE COPY OF THE LETTER DATED 30.10.2022`**| ||**`BY THE ADMINISTRATIVE OFFICER`**| |**`Annexure -VII`**|**`TRUE COPY OF THE COVERING LETTER DATED`**| ||**`01.11.2021 FROM CHAIRMAN FESTIVAL`**| |**`Annexure -VIII`**|**`TRUE COPY OF THE LETTER DATED 01.11.2021`**| ||**`FROM THE CHAIRMAN, FESTIVAL COMMITTEE.`**| |**`PETITIONER ANNEXURES`**|| |**`Annexure A`**|**`TRUE COPY OF THE POLICE INTIMATION`**| ||**`ISSUED FROM THE TALUK HOSPITAL,`**| ||**`THURAVOOR DATED 04.11.2021`**| |**`Annexure B`**|**`TRUE COPY OF THE COMPLAINT FILED BY THE`**| ||**`CONVENOR OF THE FESTIVAL COMMITTEE`**| ||**`BEFORE THE STATION HOUSE OFFICER,`**| ||**`KUTHIATHODE DATED 04.11.2021`**| |**`Annexure C`**|**`TRUE COPY OF THE COMPLAINT SUBMITTED BY`**| ||**`T.P.MUKUNDAN NAIR BEFORE THE STATION`**| ||**`HOUSE OFFICE, KUTHIATHODE DATED`**| ||**`05.11.2021.`**| |**`Annexure D`**|**`TRUE COPY OF THE COMPLAINT SUBMITTED BY`**| ||**`THE CHAIRMAN BEFORE THE DIRECTOR GENERAL`**| ||**`OF POLICE (LAW & ORDER ) KERALA DATED`**| ||**`07.11.2021.`**| |**`Annexure E`**|**`TRUE COPY OF THE ACKNOWLEDGEMENT FOR`**| ||**`SUBMITTING ANNEX-B DATED 04.11.2021`**| |**`Annexure F`**|**`TRUE COPY OF THE ACKNOWLEDGEMENT FOR`**| ||**`SUBMITTING ANNEX-C DATED 05.11.2021`**| |**`RESPONDENT ANNEXURES`**|| |**`Annexure R2(A)`**|**`TRUE COPY OF THE LETTER DATED 25.10.2021`**| ||**`ISSUED BY THE 2ND RESPONDENT TO THE 1ST`**| ||**`RESPONDENT.`**| W.P.(C)NO.22291 OF 2021 ||-28**`-`**| |---|---| |**`Annexure R2(B)`**|**`TRUE COPY OF THE PHOTOGRAPHS PUBLISHED`**| ||**`IN THE SOCIAL MEDIAL ( FACE BOOK)`**| ||**`REGARDING THE PROTEST HELD IN FRONT OF`**| ||**`THE OFFICE OF THE 3RD RESPONDENT.`**| |**`Annexure R2(C)`**|**`TRUE COPY OF THE NEWS REPORT PUBLISHED`**| ||**`IN MATHRUBHUMI DAILY, ALAPPUZHA EDITION`**| ||**`DATED 27.10.2021`**| |**`RESPONDENT ANNEXURES`**|| |**`Annexure R2(D)`**|**`TRUE COPY OF THE POLICE COMPLAINT DATED`**| ||**`26.10.2021 PREFERRED Y THE 3RD`**| ||**`RESPONDENT ALONG WITH IS RECEIPT ISSUED`**| ||**`BY THE KUTHIATHODE POLICE.- ANNEXURE`**| ||**`R2(D)- TRUE COPY OF THE DETAILS OF THE`**| ||**`PERSONS WHO WERE HOLDING DURING 2018 AND`**| ||**`2019`**| |**`Annexure R2(E)`**|**`TRUE COPY OF THE COMPLAINT DATED`**| ||**`27.10.2021 PREFERRED BY THE 3RD`**| ||**`RESPONDENT BEFORE THE DEPUTY`**| ||**`SUPERINTENDENT OF POLICE, CHERTHALA. --`**| ||**`ANNEXURE R2(E)- TRUE COPY OF THE REPORT`**| ||**`DATED 25.10.2021 ISSUED BY THE DEPUTY`**| ||**`DEVASWOM COMMISSIONER, VAIKON TO THE`**| ||**`DEVASWOM COMMISSIONER.`**| |**`Annexure R2(F)`**|**`TRUE COPY OF THE PERMISSION DATED`**| ||**`03/11/2021 ISSUED BY THE MEDICAL`**| ||**`OFFICER, PRIMARY HEALTH CENTRE,`**| ||**`THURAVOOR SOUTH.`**|