High Court of KeralaDivision Bench2022-10-14Writ petition dismissed; no order as to costs.

RAMESH R. and MANU.G. v. TRAVANCORE DEVASWOM BOARD and Others

Case / Petition Number:W.P.(C) No. 32298 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
P. G. Ajithkumar
Judgment Date: 2022-10-14
Court Decision / Holding: The writ petition is dismissed. The court finds no material to show violation of statutory norms and declines to interfere with Ext.P1 dated 29.09.2022 to the extent of appointing Vineeth M.S. as Sub Group Officer/Second Grade Accountant in charge of the Vaikom Sree Mahadeva Temple strong room. No order as to costs.
Final Disposition: Writ petition dismissed; no order as to costs.

Parties to the Case

Appellants / Petitioners

Ramesh R.
Manu.G.

Respondents

Travancore Devaswom Board
Devaswom Commissioner
Assistant Devaswom Commissioner Vaikom, Travancore Devaswom Board
Administrative Officer, Travancore Devaswom Board, Vaikom Group
Vineeth M.S.

Legal Representation & Advocates

Counsels for Petitioners

• A. T. Anilkumar
• V. Shylaja

Counsels for Respondents

• G. Biju (Standing Counsel, Travancore Devaswom Board)

Case Synopsis & Summary

Ramesh R. and Manu.G., devotees and residents near Vaikom Sree Mahadeva Temple (managed by the Travancore Devaswom Board), challenged Ext.P1 dated 29.09.2022 by which the Devaswom Commissioner appointed Vineeth M.S. as Sub Group Officer/Second Grade Accountant in charge of the temple’s strong room and assigned control over 39 temples in the Vaikom Sub Group. They argued this appointment breaches trust since Vineeth has only about 1½ years of service, and that a major temple should be led by a person with longer service in the Board; the move allegedly injures the trust reposed in the Board to manage the Devaswoms properly. The petitioners also questioned the procedure followed in opening the strong room and whether the appointment adhered to required norms. The respondents maintained that Vineeth M.S., who has been in the Audit Department and is a postgraduate in Statistics, will oversee the strong room’s security arrangements (including dual-key control) and that the arrangement is part of administrative governance for festival needs; Vineeth had not yet assumed charge due to medical issues. The court, invoking Ram Mohan Das v. Travancore Devaswom Board (1975 KLT 55), held the Board acts in a trustee-like capacity and should manage Devaswoms; it refused to interfere with Ext.P1 to the extent of the appointment, dismissing the petition and noting the petitioners’ casual approach to a constitutional remedy.

Provisions of Law Cited

Article 226 of the Constitution of IndiaSection 31 of the Travancore-Cochin Hindu Religious Institutions Act

Legal Doctrines & Maxims

Fiduciary/trustee-like duty of the Travancore Devaswom Board toward Devaswoms and worshippers
Breach of trust as a doctrine governing trusteeship
Position of the Board as trustees in managing Devaswoms

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that posting Vineeth M.S., who has only about 1–1.5 years of service, as Sub Group Officer/Second Grade Accountant in charge of the Vaikom Sree Mahadeva Temple and 39 temples under the Vaikom Sub Group amounts to a breach of trust by the Travancore Devaswom Board. They argue that the appointment lacks justification and highlight a purported requirement of at least 10 years of service for such a post. They further submit that the opening of the strong room and the appointment procedures were not properly ascertained, and that the action is casual and beyond legitimate process.

Contentions of Respondents

The respondents, represented by the Standing Counsel, contend that Vineeth M.S. is appointed to supervise the strong room at Vaikom temple with security protocols, including a dual-key mechanism; the arrangement is to ensure proper management and protection of sacred assets, especially given the temple’s significance. Vineeth is stated to be in the Audit Department and has not yet taken charge due to medical issues. The Board also relies on Ram Mohan Das v. Travancore Devaswom Board (1975 KLT 55) to justify the trustee-like authority of the Board in managing Devaswoms.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Ram Mohan Das v. Travancore Devaswom Board	1975 KLT 55	Positive	Cited to establish the board’s trustee-like management of Devaswoms and that improper acts by trustees may be questioned; used to justify non-interference with the board’s executive arrangements.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR ``` ``` FRIDAY, THE 14[TH] DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 W.P.(C)NO.32298 OF 2022 ``` ## **`PETITIONERS:`** - **`1 RAMESH R., AGED 38 YEARS S/O.RAGHUVARAN, KOKKATT HOUSE, CHEMMANATH KARA.P.O, VAIKOM, KOTTAYAM DISTRICT, PIN-686606.`** - **`2 MANU.G, AGED 38 YEARS S/O.GOPI, PALAKKATTU MALA, EANADI.P.O, VAIKOM, KOTTAYAM DISTRICT, PIN-686608.`** ## **`BY ADVS.A.T.ANILKUMAR`** - **`V.SHYLAJA`** ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM695033.`** - **`2 DEVASOM COMMISSIONER, TRAVANCORE DEVASOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695033.`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER VAIKKOM, TRAVANCORE DEVASOM BOARD, VAIKKOM GROUP, VAIKKOM, KOTTAYAM-686141.`** - **`4 THE ADMINISTRATIVE OFFICER, TRAVANCORE DEVASOM BOARD, VAIKOM GROUP, VAIKKOM, KOTTAYAM-686141.`** -2- W.P.(C)No.32298 of 2022 ``` 5 VINEETH.M.S, AGED 28 YEARS, S/O SOMAN.M.M, MECHERILKAROTTU HOUSE, KEEZHUR.P.O, THALAYOLAPARAMBU, KOTTAYAM DISTRICT,PIN-686605. ``` ``` SRI G.BIJU - STANDING COUNSEL, TRAVANCORE DEVASWOM BOARD ; ``` ``` R5 - PARTY-IN-PERSON. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(C)No.32298 of 2022 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioners, who are devotees and nearby residents of Vaikom Sree Mahadeva Temple, which is under the management of the 1[st] respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking an order to quash Ext.P1 order dated 29.09.2022 issued by the 2[nd] respondent Devaswom Commissioner to the extent the 5[th] respondent is appointed as the Sub Group Officer/Second Grade Accountant in charge of the strong room of the said temple and to appoint another person having at least 10 years’ service in the 1[st] respondent Board. In the writ petition it is alleged that by posting the 5[th] respondent as the Sub Group Officer of Vaikom Mahadeva Temple, which is a major temple under the management of the Travancore Devaswom Board, and by giving him charge over 39 temples under Vaikom Sub Group, the 1[st] respondent Board has committed breach of trust. 2. On 12.10.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore -4- ## W.P.(C)No.32298 of 2022 Devaswom Board took notice on admission for respondents 1 to 4. This Court issued notice on admission to the 5[th] respondent by special messenger, returnable by 14.10.2022. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4 and also the 5[th] respondent, who appeared in person. ## 4. In **Ram Mohan Das v. Travancore Devaswom** **Board [1975 KLT 55]** a learned Single Judge of this Court held that under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board - in regard to the Devaswoms incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. -5- ## W.P.(C)No.32298 of 2022 5. The learned counsel for the petitioners would contend that the 1[st] respondent Board has committed breach of trust by posting the 5[th] respondent, who is having only 1½ years of service, as the Sub Group Officer of Vaikom Mahadeva Temple, which is a major temple under the management of the Travancore Devaswom Board, and by giving him charge over 39 temples under Vaikom Sub Group. 6. The 5[th] respondent, who appeared in person on receipt of notice by special messenger, would submit that he is a postgraduate in Statistics. For the last 1½ years, he is in the Audit Department of the 1[st] respondent Board. He is yet to take charge as Sub Group Officer/Second Grade Accountant of Vaikom Mahadeva Temple due to certain medical issues, though he had already been relieved from the Assistant Audit Office, Vaikom. 7. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the 5[th] respondent, who has been posted as Second Grade Accountant in Vaikom Sree Mahadeva Temple is having the charge of strong rooms in Vaikom Devaswom and the nearby -6- ## W.P.(C)No.32298 of 2022 Udayanapuram Devaswom. The strong room is having two keys. One is kept in the custody of the Assistant Devaswom Commissioner and the other key will be with the Accountant. The strong room will be opened jointly by the Assistant Devaswom Commissioner and the Accountant. During festival season, the required Thiruvabharanam that has to be adorned on the deity will be taken from the strong room, in the presence of the Assistant Devaswom Commissioner, which shall be entrusted to the Accountant, who shall keep it in a separate locker. After the temple festival is over, Thiruvabharanam will be taken back to the strong room, in the presence of the Assistant Devaswom Commissioner. 8. Having considered the submissions made by the learned counsel on both sides and also the 5[th] respondent, who appeared in person, we find no reason to interfere with Ext.P1 order dated 29.09.2022 of the 2[nd] respondent Devaswom Commissioner to the extent the 5[th] respondent is appointed as the Sub Group Officer/Second Grade Accountant in charge of the strong room of Vaikom Sree Mahadeva Temple. 9. The learned counsel for the petitioner could not -7- W.P.(C)No.32298 of 2022 point out any material in support of the contention of the petitioners that only a person having at least 10 years’ service in the 1[st] respondent Board alone can be posted as the person in charge of Vaikom Sree Mahadeva Temple, which is a major temple under the management of the 1[st] respondent Board. The petitioners have chosen to file this writ petition even without ascertaining the procedure followed while opening the strong room of a temple under the management of the 1[st] respondent Board. We deprecate in the strongest words the conduct of the petitioners in approaching this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India in a casual manner. In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs. ## Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV/21/10 -8- W.P.(C)No.32298 of 2022 ## **`APPENDIX OF WP(C) 32298/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 THE TRUE COPY OF THE SAID ORDER DATED 29.9.2022 Exhibit P2 THE TRUE COPY OF THE ORDER DATED 28.9.2022. Exhibit P3 THE TRUE COPY OF THE SAID REPRESENTATION DATED 30.09.2022. ```