SASI K.K. v. Cochin 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 18[TH] DAY OF JANUARY 2023 / 28TH POUSHA, 1944** ## **WP(C) NO. 29526 OF 2022** ## **PETITIONER/S:** SASI K.K., AGED 58 YEARS S/O. KANNAN, KADERIPARAMBU HOUSE, SOUTH CHITTOOR, EDAYAKKUNNAM TEMPLE ROAD, CHERNALLOOR, COCHIN - 682 027. BY ADVS. DINESH R.SHENOY EBIN MATHEW JOMOL PIUS SILESH S. PRABHU ## **RESPONDENT/S:** 1 THE COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, 0/O. COCHIN DEVASWOM BOARD, G6H7+2VW, SWARAJ ROUND N, ROUND NORTH, THRISSUR, KERALA 680001. 2 THE CHERANALLOOR SREE KARTHYAYANI BHAGAVATHI TEMPLE, CHERANALLOOR, EDAPPALLY, COCHIN - 682 034, REP. BY THE DEVASWOM OFFICER, C.K.SWAMI DEVASWOM, SOUTH CHITTOOR, COCHIN - 682 027. 3 O.CHANDRASEKHARAN, AGED ABOUT 65, FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESIDENT, TEMPLE ADVISORY COMMITTEE, CHERANALLOOR SREE KARTHYAYANI BHAGAVATHI TEMPLE, CHERANALLOOR, EDAPPALLY, COCHIN - 682 034. 4 M.R.CHANDRASEKHARAN, AGED ABOUT 62, FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, TEMPLE ADVISORY COMMITTEE, CHERANALLOOR SREE KARTHYAYANI BHAGAVATHI TEMPLE, CHERANALLOOR, EDAPPALLY, COCHIN - 682 034. WP(C) No.29526 of 2022 2 5 V.JAYAKUMAR, AGED ABOUT 61, FATHER'S NAME NOT KNOWN TO THE PETITIONER, TREASURER, TEMPLE ADVISORY COMMITTEE, CHERANALLOOR SREE KARTHYAYANI BHAGAVATHI TEMPLE, CHERANALLOOR, EDAPPALLY, COCHIN - 682 034. BY ADVS. K.P.SUDHEER ADVOCATE A.N.RAJAN BABU P.CHANDRASEKHAR ANAND SANKAR P.GOPALAKRISHNAN (MVA) A.R.EASWAR LAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 WP(C) No.29526 of 2022 ## **J U D G M E N T** Anil K.Narendran, J. The petitioner, who is a devotee of Lord Karthyayani of Cheranalloor Sree Karthyayani Bhagavathi Temple, which is a temple under the management of Cochin Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Cochin Devaswom Board to remove respondents 3 to 5, who are the President, Secretary and Treasurer of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple, and other members in that Temple Advisory Committee, and immediately convene a General Body meeting to hold election to elect a proper panel of 19 devotees to constitute a new Temple Advisory Committee in the said temple. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent Cochin Devaswom Board to conduct compulsory audit of the entire accounts, books and records of the successive Temple WP(C) No.29526 of 2022 4 Advisory Committees in the Cheranalloor Sree Karthyayani Bhagavathi Temple for the period from 2010 onwards, till date, including the accounts with reference to Dwajaprathishta, Kalasam, renovation and civil works done in the temple Sreekovil and ancillary buildings, sale of Nilavilakku, lamps and vessels from the temple and the alleged replacements and the amounts illegally withdrawn by respondents 3 to 5 and other members of the Temple Advisory Committee and the furniture, mike sets etc. taken away by them from the temple office illegally even after their resignation from 5.2.2020 and to identify misappropriation and diversion of funds, if any, and the persons responsible for the same and to permanently debar such individuals from ever functioning as members and/or office bearers of the Temple Advisory Committee at any time hereafter. 2. On 16.09.2022, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 and 2. Urgent WP(C) No.29526 of 2022 5 notice on admission by special messenger was ordered to respondents 3 to 5, returnable by 19.09.2022. The learned Standing Counsel for Cochin Devaswom Board was directed to make available for the perusal of this Court, the relevant files relating to election of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple. 3. On 07.10.2022, when this writ petition came up for consideration, after perusing the relevant files relating to the nomination of the Temple Advisory Committee, this Court passed an interim order, which reads thus: “Pursuant to the order of this Court dated 16.09.2022, the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court the relevant files relating to the nomination of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple. 2. The specific allegations raised in the writ petition is that respondents 3 to 5 and other members of the Temple Advisory Committee are continuing as such for the last 12 years. The term of the Temple Advisory WP(C) No.29526 of 2022 6 Committee as per the relevant rules is two years, which can be extended in a special circumstances for a further period of one year. 3. The learned Standing Counsel and also the learned counsel for respondents 3 to 5 seeks time to file counter affidavit in order to explain the facts and circumstances. 4. List this matter for further consideration on 11.10.2022. There will be an interim order restraining the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple from taking decisions on any development works in the Temple, for a period of one month.” The said interim order, which was extended from time to time, is still in force. 4. Respondents 3 to 5 have filed a counter affidavit, producing therewith Exts.R3(a) to R3(i) documents. The learned Standing Counsel for the Cochin Devaswom Board has filed the counter affidavit of the 1[st] respondent, producing therewith Exts.R1(A) to R1(T) documents. The document marked as Ext.R1(A) is a copy of the order of this Court in DBP No.14 of WP(C) No.29526 of 2022 7 2022, which was registered _suo motu_ , based on a complaint regarding the audit of accounts of the Temple Advisory Committee of Cheranalloor Bhagavathi Temple. A copy of that complaint, which was forwarded by the Principal Secretary, Revenue (Devaswom) Department to the Commissioner of Cochin Devaswom Board, is placed on record, along with Ext.R1(b) letter dated 16.9.2021. The learned Standing Counsel for Cochin Devaswom Board would submit that in terms of Ext.R1(a) order dated 19.05.2022 in DBP No.14 of 2022, the learned Ombudsman is conducting an enquiry. In that enquiry, the Devaswom Commissioner has submitted Ext.R1(j) request dated 21.11.2022 requesting 7 days time for submitting final report. The said report has already been submitted and the matter is now pending consideration before the learned Ombudsman. 5. Heard the learned counsel for the petitioner, the learned Standing Counsel for Cochin Devaswom Board for respondents 1 and 2, and also the learned counsel for 8 WP(C) No.29526 of 2022 respondents 3 to 5. Insofar as the relief sought for in this writ petition in respect of the auditing of accounts of the Temple Advisory Committee of Cheranalloor Sree Karthyayani Bhagavathi Temple is concerned, the matter is now pending consideration before the learned Ombudsman in DBP No.14 of 2022. The petitioner can file an application for impleadment in DBP No.14 of 2022. The legal and factual contentions raised by both sides on the above issue are left open to be raised before the appropriate forum. 6. Insofar as the election of a new Temple Advisory Committee in Cheranalloor Sree Karthyayani Bhagavathi Temple is concerned, the fact that respondents 3 to 5 are continuing as the office bearers of the Temple Advisory Committee from the year 2010 onwards is not in dispute. The said fact is also admitted in paragraph No.3 of the counter affidavit filed by the said respondents. 7. In **Sunil Kumar C. and others v. Travancore** WP(C) No.29526 of 2022 9 **Devaswom Board and others [2022 (4) KHC 663]** in the context of the provision under Section 31A of the TravancoreCochin Hindu Religious Institutions Act, 1950, which deals with constitution of Temple Advisory Committees in temples under the management of Travancore Devaswom Board, this Court held as follows: “59. As already noticed, in view of the provisions contained in Clause (2) and Clause (11) of Ext.P1 Rules, the construction or repair or renovation work that has to be undertaken in a temple is not outside the purview of the Temple Advisory Committee constituted under Section 31A of the Act. 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 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 WP(C) No.29526 of 2022 10 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. v. Travancore Devaswom Board [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.” The provision under Section 76A of the Travancore-Cochin Hindu Religious Institutions Act deals with constitution of Temple WP(C) No.29526 of 2022 11 Advisory Committees in the temples under the management of Cochin Devaswom Board. The composition of the Temple Advisory Committee is governed by the provisions contained in the rules framed by the Cochin Devaswom Board under subSection (3) of Section 76A of the Act. Clause 13 of Ext.R3(h) rules (bye law) deals with term of the Temple Advisory Committee. A reading of the said provision would make it clear that the law laid down by this Court in **Sunil Kumar C [2022 (4) KHC 663]** in the context of Section 31A of the Act will have application with equal force in the matter of constitution of Temple Advisory Committees under Section 76A of the said Act, in temples under the management of Cochin Devaswom Board. In such circumstances, this writ petition is disposed of by directing the Devaswom Officer of the 2nd respondent Cheranalloor Sree Karthyayani Bhagavathi Temple to convene a meeting of the registered mandalam of the devotees for electing members to the Temple Advisory Committee of the said temple, WP(C) No.29526 of 2022 12 after complying with the statutory requirements. Necessary steps in this regard shall be initiated, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment and the entire process shall be completed within a further period of two months. Sd/- **ANIL K.NARENDRAN JUDGE** Sd/- **P.G.AJITHKUMAR JUDGE** jg WP(C) No.29526 of 2022 13 ## **APPENDIX OF WP(C) 29526/2022** ## PETITIONER EXHIBITS - Exhibit P1 TRUE PHOTOCOPY OF RECEIPT NOS.345, 347 AND 348 ISSUED BY THE ERSTWHILE TEMPLE ADVISORY COMMITTEE DATED 12/11/2017. - Exhibit P2 TRUE PHOTOCOPY OF ORDER NO.A5/1001/16 DATED 4/2/2021 ISSUED BY THE SECRETARY OF THE FIRST RESPONDENT. - Exhibit P3 TRUE PHOTOCOPY OF LETTER DATED 25/8/2021 ISSUED BY THE DEVASWOM OFFICER, CHITTOOR DEVASWOM TO THE MANAGER, DHANALAXMI BANK, CHITTOOR. - Exhibit P4 TRUE PHOTOCOPY OF COMPLAINT DATED NIL SUBMITTED BY THE EMPLOYEES OF RESPONDENTS 1 AND 2. - Exhibit P5 TRUE PHOTOCOPY OF PROVISIONAL BYELAWS FRAMED BY THE 1ST RESPONDENT FOR TEMPLE ADVISORY COMMITTEE. - Exhibit P6 TRUE PHOTOCOPY OF ATTENDANCE REGISTER OF THE MEETING DATED 22/5/2022 OF DEVOTEES OF 2ND RESPONDENT TEMPLE. - Exhibit P7 TRUE PHOTOCOPY OF THE 2ND PANEL OF 19 MEMBERS PROPOSED AT THE GENERAL BODY MEETING DATED 22/5/2022 - Exhibit P8 TRUE PHOTOCOPY OF PUBLIC NOTICE DATED 15/7/2022 ISSUED BY RESPONDENTS 3 TO 5 IN CONNECTION WITH THE MINOR FESTIVALS IN THE TEMPLE. - Exhibit P9 TRUE PHOTOCOPY OF APPLICATION DATED 26/7/2022 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER. WP(C) No.29526 of 2022 14 - Exhibit P10 TRUE PHOTOCOPY OF APPLICATION DATED 26/7/2022 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT. - Exhibit P11 TRUE PHOTOCOPY OF MASS REPRESENTATION DATED 22/7/2022 SUBMITTED BY DEVOTEES OF THE 2ND RESPONDENT BHAGAVATHY. - Exhibit P12 PHOTOGRAPHS OF CONSTRUCTION WORKS DONE BY RESPONDENTS 3 TO 5 AFTER THE INTERIM ORDER OF THIS COURT DATED 7/10/2022 - Exhibit P13 TRUE COPY OF THE NOTICE DATED 20/10/2022 PUBLISHED BY RESPONDENTS 3 TO 5 IN THE SECOND WEEK OF NOVEMBER, 2022. - Exhibit P14 TRUE PHOTOCOPY OF RECEIPT NOS.5822 & 5823 DATED 24/11/2022. - Exhibit P14 A TRUE PHOTOCOPY OF RECEIPT NO.5946 DATED 7/12/2022. ## RESPONDENTS' EXHIBITS Exhibit R3 A TRUE COPIES OF AUDITED ACCOUNTS OF CHERANALLOOR BHAGAVATHI KSHETHRAM ADVISORY COMMITTEE FOR THE PERIOD FOR THE YEARS FROM 2010-2011 TO 2018-2019. Exhibit R3B TRUE COPIES OF THE COUNTERFOILS OF COUPON NUMBERS 347,345 AND 348. Exhibit R3C TRUE COPIES OF TRUE COPY OF THE ORDER DATED H1.2229/17 DATED 18.1.2018 OF THE EXECUTIVE ENGINEER GRANTING PERMISSION TO CONSTRUCT OOTTUPURA. Exhibit R3D TRUE COPIES OF THE ORDER NO.R-12789/17 DATED 25.1.2018 OF THE 1ST RESPONDENT WP(C) No.29526 of 2022 15 PERMITTING THE TAC T CUT AND REMOVE 8 COCONUT TREES AND TO PLANT 25 COCONUT SAPLINGS. Exhibit R3E TRUE COPIES OF THE ORDER DATED 21.3.2022 OF THE 1ST RESPONDENT PERMITTING CHERANELLOOR GRAMA PANCHAYAT TO RENOVATE THE POND. Exhibit R3F TRUE COPIES OF LETTER REF NO.M4/16/13 DATED 26.3.2018 OF THE DEVASWOM ASSISTANT COMMISSIONER, THRIPUNITHURA TO THE SPECIAL DEVASWAM COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. Exhibit R3 G TRUE COPIES OF ORDER NO.M5.6958/2022 DATED 27.6.2022. Exhibit R3H TRUE COPIES OF THE BYE LAWS FOR CONSTITUTING TEMPLE ADVISORY COMMITTEES. Exhibit R3 I TRUE COPIES OF LETTERS SENT BY SRI.JIJI MP. ARJUN S. PANICKER, M.G. VIJAYAN, NARAYANANKUTTY, APPUKUTTAN T.G. MURALI K.M., K.P. RAJESH, GOPAKUMAR AYODHYA, MANOJ B., O.S. SUBRAMANIAN, M.MOHAN KUMAR, MAHESH PANELLIL, DIVAKARAN M.M., P.P. GOPINATHAN AND T.P.PRASAD TO THE PRESIDENT/SECRETARY OF COCHIN DEVASWOM BOARD. Exhibit R3(J) A TRUE COPY OF LETTER DATED 20.08.2022 OF CHERANALLOOR BHAGAVATHI TEMPLE ADVISORY COMMITTEE TO KOCHI DEVASWOM BOARD. Exhibit R3(K) A TRUE COPY OF ORDER DATED 02.09.2022 OF THE ASSISTANT EXECUTIVE ENGINEER. WITH TYPED COPY EXHIBIT R1 A True copy of order dated 19/05/2022 in DBP No. 14 of 2022 passed by this WP(C) No.29526 of 2022 16 Honourable Court. - EXHIBIT R1 B True copy of letter No. DEV4/176/2021REV dated 16/09/2021 issued by the Principal Secretary, Revenue (Devaswom) Department to the Commissioner, Cochin Devaswom Board along with its enclosures - EXHIBIT R1 C True copy of Order No. A5. 1001/2016 dated 28/09/2021 issued by the Special Devaswom Commissioner, CDB. - EXHIBIT R1 D True copy of letter No. A5. 1001/2016 dated 07/10/2021 issued by the Special Devaswom Commissioner, Cochin Devaswom to the Principal Secretary, Revenue (Devaswom) Department. - EXHIBIT R1 E True copy of order No. A5. 1001/2016 dated 03/12/2021 issued by the first respondent. - EXHIBIT R1 F True copy of order No. A5. 1001/2016 dated 12/07/2022 issued by the Devaswom Commissioner, Cochin Devaswom Board. - EXHIBIT R1 G True copy of communication No. A5. 1001/2016 dated 01/08/2022 issued by the Devaswom Commissioner - EXHIBIT R1 H True copy of order No. A5. 1001/16 dated 17/08/2022 issued by the Devaswom Commissioner - EXHIBIT R1 I True copy of order No. A5. 1001/16 dated 16/09/2022 issued by the Devaswom Commissioner. EXHIBIT R1 J True copy of letter No. A5. 1001/16 dated 21.11.2022 submitted by the Devaswom Commissioner to the learned Ombudsman for Cochin and Travancore WP(C) No.29526 of 2022 17 Devaswom Boards. - EXHIBIT R1 K True copy of communication Ref No. M2.629/2020 dated 07/03/2020 issued by the Devaswom Assistant Commissioner, Thripunithura to the Special Devaswom Commissioner. - EXHIBIT R1 L True copy of Order No. A5. 1001/16 dated 04/06/2020 issued by the 1st respondent. - EXHIBIT R1 M True copy of report dated 06/07/2020 submitted by the Vigilance Assistant, Cochin Devaswom Board to the Special Devaswom Commissioner. - EXHIBIT R1 N True copy of Order No. A5. 1001/16 dated 29/03/16 issued by the Special Devaswom Commissioner. - EXHIBIT R1 O True copy of true copy of the judgment dated 17/12/2018 in Writ Petition (Civil) No. 40792 of 2018 passed by this Honourable Court. - EXHIBIT R1 P True copy of order No.A5. 14142/17 dated 05/06/2019 issued by the first respondent. - EXHIBIT R1 Q True copy of judgment dated 12/11/2021 in Writ Petition (civil) No. 24596 of 2021 passed by this Honourable Court. EXHIBIT R1 R True copy of common judgment dated 17/02/2022 in Writ Appeal No. 1599 of 2021 and Writ Petition (Civil) No. 2574 of 2020 passed by this Honourable Court. EXHIBIT R1 S True copy of letter No. C. 40/22 dated 28.5.2022 submitted by the Devaswom Officer, Chittur Sreekrishna Swami Devaswom to the Assistant Commissioner, WP(C) No.29526 of 2022 18 Thripunithura Group EXHIBIT R1 T True copy of report submitted by the Assistant Commissioner, Thripunithura Group to the Devaswom Commissioner as Report Ref. No. M4. 716/20 dated 04.06.2022