Sreejikumár V.S. and others 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** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 W.P.(C)NO.6982 OF 2022** ## **PETITIONERS:** - **1 SREEJIKUMAR V.S, AGED 37 YEARS, S/O SASIDHARAN NAIR, SREEJA BHAVAN, ARUVIKKUZHI, VEERANAKKAVUMURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM - 695 575** - **2 K.RAJENDRAKUMAR, AGED 47 YEARS, S/O KRISHNA PILLAI, NANDANATHIL, VERANAKKAVU, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **3 R.S.BIJU, AGED 50 YEARS, S/O SASIDHARAN NAIR, KRISHNA VILASOM, VERANAKKAVU, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **4 A.M. ANEESH, AGED 33 YEARS, S/O MOHANAN NAIR, BALAKRISHNAVILASOM, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** **5 R.S.SAJEEV, AGED 52 YEARS, S/O SASIDHARAN NAIR, KRISHNAVILASOM, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** W.P.(C)NO.6982 OF 2022 2 - **6 SANDEEP.B, AGED 31 YEARS, S/O BAHULEYAN, VIDHYA BHAVAN, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **7 J.S.SREERAM, AGED 22 YEARS, S/O P.JAYACHANDRAN, KRISHNA PRASADAM, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **8 K.B. JAYAKUMAR, AGED 56 YEARS, S/O KUNJUKRISHNA PILLAI, VAIKUNDATHIL, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **9 RAHUL C.J, AGED 26 YEARS,** - **S/O CHANDRAN NAIR, RAJAMANGALATH, PUZHANADU, OTTASEKHARAMANGALAM, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **10 R. ANILKUMAR, AGED 51 YEARS,** - **S/O RAMAKRISHNA PILLAI, SARAYU, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **11 SANKAR K.NAIR, AGED 29 YEARS,** - **S/O KOCHUKRISHNAN, IDAVAZHIYKAL VILAKATH VEEDU, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** - **12 S. VINOD KUMAR, AGED 35 YEARS,** - **S/O SUKUMARI AMMA, VINOD BHAVAN, PALOTTUKONAM, KRISHNAVILASOM, VEERANAKKAVU MURIYIL,** W.P.(C)NO.6982 OF 2022 3 **VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** **13 K.RADHAKRISHNAN, AGED 55 YEARS, S/O KRISHNANKUTTY NAIR, KOVILAKAM KRISHNAYIL, VEERANAKKAVU MURIYIL, VEERANAKKAVU VILLAGE, THIRUVANANTHAPURAM-695 575** **BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI** **R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN** **RESPONDENTS:** - **1 TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN-695 003, REPRESENTED BY ITS SECRETARY.** - **2 DEVASWOM COMMISSIONER, DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN-695 003.** - **3 DEPUTY DEVASWOM COMMISSIONER, DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN-695 003.** - **4 ASSISTANT DEVASWOM COMMISSIONER, DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN-695 003.** - **5 SUB GROUP OFFICER, VEERANAKKAVU, SREE DHARMA SASTHA TEMPLE, VEERANAKKAVU P.O., NEYYATTINKARA DEVASWOM CIRCLE, THIRUVANANTHAPURAM-695 572** W.P.(C)NO.6982 OF 2022 4 **6 MADHU C. WARRIER, AGED 84 YEARS, NEDUMAN WARRIATH, VEERANAKKAVU, VEERANAKKAVU P.O., THIRUVANANTHAPURAM-695 572** **BY ADVS. G. SANTHOSH KUMAR (P). MANU GOVIND AYESHA MARIA JOHN(K/1649/2018)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)NO.6982 OF 2022 5 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who were elected as the members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple, in the meeting of the 'registered mandalam' convened on 07.01.2022, are before this Court in this writ petition, seeking a writ of certiorari to quash Ext.P5 order dated 09.02.2022 and Ext.P6 order dated 19.02.2022 of the 2[nd] respondent Devaswom Commissioner. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 5 to allow petitioners 1 to 9 to conduct the annual festival of Veeranakkavu Sree Dharma Sastha Temple, as per the custom and practice, which is scheduled to commence on 13.03.2022; and a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board to take up Ext.P7 representation dated 10.02.2022 and dispose of the same, as expeditiously as possible, at any rate, before 10.03.2022. In the writ petition, it is alleged that the 6[th] respondent, who is a retired employee of the 1[st] respondent Travancore W.P.(C)NO.6982 OF 2022 6 Devaswom Board, filed a complaint before the Board against petitioners 10 to 13, alleging that they are continuing as the members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple for the last 5 years and as such, their selection as members of that committee is in violation of the rules for the formation of Temple Advisory Committees in the temples under the management of Travancore Devaswom Board, notified vide Ext.P1 notification dated 30.11.2011. 2. On 03.03.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 5. Urgent notice on admission by special messenger was ordered to the 6[th] respondent, returnable by 04.03.2022. 3. On 04.03.2022, when this writ petition came up for consideration, this Court passed the following order; “The 6[th] respondent enters appearance through counsel and seeks time to file counter affidavit. 2. The 6[th] respondent to file counter affidavit by 09.03.2022. W.P.(C)NO.6982 OF 2022 7 3. The learned Standing Counsel for Travancore Devaswom Board would submit that a decision has already been taken to conduct the annual festival of Veeranakkavu Sree Dharma Sastha Temple, which is scheduled to commence from 13.03.2022, directly by the Board. 4. The learned counsel for the petitioners would point out Ext.P8 letter dated 26.02.2022 of the 10[th] petitioner, who was elected as the President of the Temple Advisory Committee, who is one among the four elected members of that committee, who were found disqualified for being elected as members of the Temple Advisory Committee in view of the prohibition contained in clause 18 of Ext.P1 byelaws, expressing the willingness of all four disqualified members to resign from the said Committee. 5. The learned Standing Counsel for Travancore Devaswom Board would submit that, prior to the issuance of Ext.P5 order dated 09.02.2022 of the 3[rd] respondent Deputy Devaswom Commissioner, reasonable opportunity was given to the Temple Advisory Committee and valid reasons have been stated in the said order to cancel the election conducted to the Temple Advisory Committee on 07.01.2022. 6. Four elected members of the Temple Advisory Committee are disqualified from being elected as members of the said Committee, in view of the W.P.(C)NO.6982 OF 2022 8 prohibition contained in clause 18 of Ext.P1 byelaws. The said fact is not in dispute. Since a decision has already been taken to conduct the annual festival of Veeranakkavu Sree Dharma Sastha Temple directly by the Board, which is scheduled to commence from 13.03.2022, we deem it appropriate to adjourn this matter for consideration to 11.03.2022. 7. Considering the nature of allegations raised, the Secretary of the Travancore Devaswom Board and also the 3[rd] respondent Deputy Devaswom Commissioner are directed to file the counter affidavits by 09.03.2022. 8. The submission made by the learned counsel for the petitioners that the petitioners have absolutely no intention to cause any obstruction whatsoever to the annual festival of Veeranakkavu Sree Dharma Sastha Temple, which is scheduled to commence from 13.03.2022, conducted directly by the Board, is recorded.” 4. On 11.03.2022, the learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 to 5, opposing the reliefs sought for in this writ petition, wherein it is stated that the election of petitioners 10 to 13 as members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple is W.P.(C)NO.6982 OF 2022 9 in violation of clause (18) of the rules notified vide Ext.P1. Since petitioners 10 to 13 were not prepared to quit the Temple Advisory Committee, in view of their disqualification under clause (18) of the said rules, the 1[st] respondent Board took a decision to conduct the annual festival, which was scheduled to commence on 13.03.2022, under the direct supervision of the Department. 5. The 6[th] respondent has filed a counter affidavit dated 08.03.2022, opposing the reliefs sought for in this writ petition, wherein various allegations are levelled against the members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple. Today, when this writ petition is taken up for consideration, the petitioners have filed a reply affidavit dated 08.04.2022, as Benchmark. 6. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 5 and also the learned counsel for the 6[th] respondent. 7. Section 31A of the Travancore-Cochin Hindu W.P.(C)NO.6982 OF 2022 10 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 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 contained in Ext.P1 notification, 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 DBA No. 153 of 2019. 8. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held W.P.(C)NO.6982 OF 2022 11 that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions 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 subsection (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under 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. W.P.(C)NO.6982 OF 2022 12 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 constitution of the Committees are not delayed. 9. In the instant case, admittedly, petitioners 10 to 13 have completed two consecutive terms as members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple and as such, their election as the members of the said committee, in the meeting held on 07.01.2022, is in violation of clause (18) of the rules for the formation of Temple Advisory Committees in the temples under the Travancore Devaswom Board. In such circumstances, Ext.P5 order dated 09.02.2022 of the 2[nd] respondent Devaswom Commissioner, whereby the election conducted to the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple on 07.01.2022 stands cancelled and Ext.P6 order of the said respondent W.P.(C)NO.6982 OF 2022 13 dated 19.02.2022, whereby it was ordered to conduct the annual temple festival for the year 2022 directly by the Department, warrant no interference, invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. In the result, the challenge made in this writ petition against Exts.P5 and P6 orders of the 2[nd] respondent Devaswom Commissioner, fails. 10. The 4[th] respondent Assistant Devaswom Commissioner shall convene a meeting of the 'registered mandalam', in order to elect the members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple, strictly in terms of the provisions contained in the rules for the formation of Temple Advisory Committees in the temples under the Travancore Devaswom Board. Such exercise shall be commenced by the 4[th] respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment, which shall be completed within a further period of two months. 11. In the counter affidavit filed by the 6[th] respondent W.P.(C)NO.6982 OF 2022 14 various allegations have been levelled against the petitioners, who were the members of the Temple Advisory Committee of Veeranakkavu Sree Dharma Sastha Temple. The petitioners have filed a reply affidavit, in order to explain the facts and circumstances. It is for the 6[th] respondent to bring those allegations to the notice of the 3[rd] respondent Deputy Devaswom Commissioner, by submitting a proper complaint, within three weeks from the date of receipt of a certified copy of this judgment. The 3[rd] respondent shall consider that complaint with notice to the petitioners and the 6[th] respondent and take an appropriate decision on the same, as expeditiously as possible, at any rate, within a further period of three months. The writ petition is disposed of as above. No order as to costs. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** MIN W.P.(C)NO.6982 OF 2022 15 ## **APPENDIX OF W.P.(C)No.6982 OF 2022** ## **PETITIONERS' EXHIBITS:** - **Exhibit P1** - **A TRUE COPY OF THE NOTIFICATION BEARING NO ROC-1809/09/NS DATED 30.11.2011 ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2** - **A TRUE COPY OF THE MINUTES PREPARED BY THE 5TH RESPONDENT ALONG WITH COVERING LETTER BEARING NO 7259 DATED 7.1.2022 FORWARDED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT** - **Exhibit P3** - **A TRUE COPY OF THE COMPLAINT DATED 10.1.2022 FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT ALONG WITH TYPED COPY** ## **Exhibit P4** - **A TRUE COPY OF THE REPORT DATED 7.2.2022 FORWARDED BY THE ASSISTANT DEVASWOM COMMISSIONER TO THE DEVASWOM COMMISSIONER** - **Exhibit P5 A TRUE COPY OF THE ORDER BEARING NO ROC1975/19/NS-1 DATED 9.2.2022 ISSUED BY THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BROAD ALONG WITH TYPED COPY** - **Exhibit P6** - **A TRUE COPY OF THE ORDER DATED 19.2.2022 PASSED BY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD ALONG WITH TYPED COPY** - **Exhibit P7 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE DEVASWOM BOARD** - **Exhibit P8** - **A TRUE COPY OF THE LETTER DATED 26.02.2022 FORWARDED BY R.ANILKUMAR TO THE SUB GROUP OFFICER, VEERANAKKAVU SUB GROUP OF TRAVANCORE DEVASWOM BOARD ALONG WITH TYPED COPY** W.P.(C)NO.6982 OF 2022 16 **Exhibit P9** **TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS 3, 10 AND S. RATHEESH BEFORE THE TRAVANCORE DEVASWOM BOARD FOR EXTENSION OF TENURE DATED 29/07/2021** **Exhibit P10 TRUE COPY OF THE PUBLIC NOTICE REGARDING ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE OF THE YEAR 2021** - **Exhibit P11 TRUE COPY OF THE LETTER DATED 19/07/2021 FORWARDED BY R. ANILKUMAR TO TRAVANCORE DEVASWOM BOARD COMMISSIONER** - **Exhibit P12 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE FOR THE ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE FOR THE YEAR 2017** - **Exhibit P13 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE FOR THE ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE FOR THE YEAR 2018** - **Exhibit P14 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE FOR THE ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE FOR THE YEAR 2019** - **Exhibit P15 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE TEMPLE ADVISORY COMMITTEE FOR THE ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE FOR THE YEAR 2020** - **Exhibit P16 TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE TRAVANCORE DEVASWOM BOARD FOR THE ANNUAL TEMPLE FESTIVAL OF VEERANAKKAVU SREE DHARMASASTHA TEMPLE FOR THE YEAR 2022** W.P.(C)NO.6982 OF 2022 17 - **Exhibit P17** **TRUE COPY OF THE COMPLAINT DATED 02/07/2015 FILED BY THE ADVISORY COMMITTEE OF VELLOOR SREE KRISHNA SWAMY TEMPLE BEFORE DEVASWOM COMMISSIONER** **Exhibit P18** - **TRUE COPY OF THE LETTER DATED 07/03/2022 FILED BY S.VINOD BEFORE THE PUBLIC INFORMATION OFFICER, TRAVANCORE DEVASWOM BOARD** **Exhibit P19** **TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT DATED 10/03/2022 EVIDENCING RECEIPT OF EXHIBIT-P19** ## **RESPONDENTS' EXHIBITS:** **Exhibit R6(A) TRUE COPY OF COMPLAINT DATED 14.09.2021 MADE TO THE 2ND RESPONDENT BY THE 6TH RESPONDENT** **Exhibit R6(B) TRUE COPY OF THE NOTICE RECEIVED AS A POSTCARD** **Exhibit R6(C) THE FESTIVAL NOTICE ISSUED BY THE DEVASWOM BOARD FOR CONDUCT OF ANNUAL FESTIVAL, 2022 FROM 13.03.2022 TO 18.03.2022** **Exhibit R6(D) TRUE COPY OF PARTICULARS OF THE ALLEGATIONS AGAINST THE TEMPLE ADVISOREY COMMITTEE, AS MADE IN EXIHIBIT R6(A)**