Sri Subramanya Swami Temple Advisory Committee, Ayroor v. Travancore Devaswom Board and Others

1 WP(C) NO. 10389 OF 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ``` & ``` ## **`THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON`** ``` TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 ``` ``` WP(C) NO. 10389 OF 2024 ``` ## **`PETITIONERS:`** - **`1 SRI SUBRAMANYA SWAMI TEMPLE ADVISORY COMMITTEE, AYROOR, PATHANAMTHITTA REPRESENTED BY ITS SECRETARY, AJI KUMAR, AGED 43, S/O P. P.GOPALAKRISHNA PILLAI, MADATHILETHU (H), AYROOR SOUTH P.O., AYROOR, PATHANAMTHITTA, PIN – 689611.`** ``` 2 T.R. GOPALAKRISHNAN NAIR, AGED 83 YEARS, S/O RAMAN NAIR PADICKALEMANNIL, AYROOR SOUTH P.O., AYROOR, PATHANAMTHITTA, PIN – 689611. ``` ``` BY ADVS. ACHUTH KYLAS SREEDEVI KYLASANATH KAMALAKSHY KYLASANATH R.MAHESH MENON SACHIN.P.K VARGHESE XAVIER ANANTHU R.S. ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDING, DEVASWOM BOARD JUNCTION, NANTHANCODU, THIRUVANANTHAPURAM, PIN – 695003.`** - **`2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDHANCODU, THIRUVANANTHAPURAM, PIN – 695003.`** - **`3 ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,`** 2 WP(C) NO. 10389 OF 2024 ``` TRAVANCORE DEVASSWOM, ARANMULA GROUP, PATHANAMTHITTA, PIN – 689533. ``` - **`4 EXECUTIVE ENGINEER, MARAMATHU DEPARTMENT TRAVANCORE DEVASWOM BOARD, MAVELIKARA, PIN – 690101.`** - **`5 SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, AYROOR PUTHIYAKAVU AYOOR, PIN – 689614.`** - **`*ADDL. R6 THE CHIEF ENGINEER,`** ``` TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN -695003. ``` - **`*(ADDL. R6 IS SUO MOTO IMPLEADED AS PER ORDER DATED 26.03.2024).`** ## **`OTHER PRESENT:`** ## **`SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WP(C) NO. 10389 OF 2024 ## **JUDGMENT** ## Anil K. Narendran, J. The 1[st] petitioner is a Temple Advisory Committee of Sri Subramanya Swami Temple, Ayroor, and the 2[nd] petitioner is a devotee of that temple. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 3 to take appropriate steps for renovation of the Srikovil of Sri Subramanya Swami Temple, Ayroor, and construct Srikovil for the sub deities, namely, Lord Sasthavu, Lord Siva and Lord Ganapathy and a temple compound wall, within a time frame to be fixed by this Court. The petitioners have also sought for writ of mandamus commanding the 2[nd] respondent Devaswom Commissioner to issue orders on Ext.P3 report dated 20.09.2004 submitted by the 3[rd] respondent Assistant Devaswom Commissioner, based on Ext.P1 'prasna charth' of the 'Devaprashnam' conducted on 25.03.2004, for the renovation of Srikovil of Sri Subramanya Swami Temple; a declaration that the 1[st] respondent Travancore Devaswom Board is duty bound to rectify the degeneration and damages in Sri Subramanya Swami Temple, as high-lighted in Ext.P1 'Devapreshna charth', with the support of Sri Subramanya Swamy Temple Advisory Committee; and a writ of mandamus 4 WP(C) NO. 10389 OF 2024 commanding the 1[st] respondent to consider Ext.P9 representation dated 31.07.2023, made by the 1[st] petitioner before the President of the Travancore Devaswom Board and take a decision after hearing the petitioners, within a time frame to be fixed by this Court. 2. Going by the averments in the writ petition, Sri Ayroor Subramanya Swami Temple is a very ancient temple of unique importance. The temple is existing from time immemorial and is under the management of 1[st] respondent Travancore Devaswom Board. The 1[st] respondent is utilizing all the amount collected in the kanikka vanchies, and amount collected during the festival season. Therefore 1[st] respondent has the duty and responsibility to renovate the Srikovil and temple from its dangerous situation. The Srikovil is in such a condition that at any time the 'Melkura' of the top structure will collapse. The top place of Srikovil is broken and is in a dangerous situation. The petitioners are aggrieved by the inaction of the respondents for nearly two decades in the renovation of the Srikovil of Sri Subramanya Swami Temple and that of the sub deities. 3. On 15.03.2024, when this writ petition came for admission, learned Standing Counsel for the Travancore Devaswom Board sought time to get instructions. 5 WP(C) NO. 10389 OF 2024 4. Today when this matter is taken up for consideration, the learned counsel for the petitioners has placed on record additional documents, i.e., Exts.P11 to P17, along with I.A.No.1 of 2024. Exts.P12 to P17 photographs would show the condition of the temple structures and also the compound wall. 5. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Travancore Devaswom Board for the respondents. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per subsection (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. 7. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the 6 WP(C) NO. 10389 OF 2024 religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 8. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. Section 31A of the Act 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 7 WP(C) NO. 10389 OF 2024 order to ensure participation of Hindu devotees. As per subsection (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 subsection (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 management of the Board. 10. As held by a Division Bench of this Court in **Major Vellayani Devi Temple Advisory Committee v. State of** **Kerala [2023 (2) KHC 290]** , in which one among us [Anil K. Narendran, J.] was a party, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in the temples under its management are performed promptly; and to establish and maintain proper facilities in the temples for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Devaswoms and arrange for the conduct of the daily 8 WP(C) NO. 10389 OF 2024 worship and ceremonies and of the festivals in the temples according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under subsection (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. The law laid down in the said decision was reiterated in **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** . 11. Sri Subramanya Swami Temple, Ayroor, is a temple under the management of the Travancore Devaswom Board. In view of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra, the Travancore Devaswom Board and its officials have a statutory duty to see that regular traditional rights and ceremonies according to the practice prevalent in that temple are performed promptly and to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board and its officials have a statutory duty to manage the properties and affairs of the said temple and arrange for the conduct of daily worship and ceremonies and also the festivals in 9 WP(C) NO. 10389 OF 2024 that temple, according to its usage. The Temple Advisory Committee of Ayroor Sri Subramanya Swami Temple, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. 12. During the course of arguments, the learned Standing Counsel for the Travancore Devaswom Board would submit that for re-construction of the Srikovil of Sri Subramanya Swami Temple, Ayroor, technical sanction is awaiting and an estimate for a sum of Rs.6,75,000/- was prepared by the Assistant Engineer, Chengannur, which has already been forwarded to the Chief Engineer, through the Executive Engineer, Mavelikkara, for technical sanction, which is pending consideration before the Chief Engineer. Once the technical sanction is granted by the Chief Engineer, it will be placed before the Board for administrative sanction, without any further delay. Regarding the construction of Srikovil for the sub deities, the 'sapathi' approved by the Board has to give detailed drawings and plan. Thereafter, the Assistant Engineer will prepare the estimate, which will be placed before the Chief Engineer, through the Executive Engineer, for technical 10 WP(C) NO. 10389 OF 2024 sanction. Thereafter it will be placed before the Board for administrative sanction. Insofar as Ext.P3 report made by the Assistant Devaswom Commissioner is concerned, since that was made based on a 'Devaprashnam' conducted in the year 2004, which had resulted in the preparation of Ext.P1 'prasna charth', the Assistant Devaswom Commissioner has sought the opinion of the 'Thanthri' as to whether it can be proceeded with or fresh 'Devaprashnam' has to be conducted. After obtaining the opinion of the 'Thanthri', further proceedings in the matter will be taken by the Assistant Devaswom Commissioner. 13. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this writ petition with the following directions; (1) The estimate prepared by the Assistant Engineer, for renovation of the Srikovil of Sri Subramanya Swami Temple, Ayroor, is now pending before the Chief Engineer for technical sanction. If not already granted, the additional 6[th] respondent, Chief Engineer shall consider that request, strictly in accordance with law, and forward technical sanction to the Secretary of the Travancore Devaswom Board, within a period of three weeks. Thereafter it shall be placed before the Board for administrative sanction. A decision on that request, 11 WP(C) NO. 10389 OF 2024 strictly in accordance with law, shall be made by the Board, as expeditiously as possible, at any rate, within a further period of three weeks. (2) After obtaining detailed drawings and plan for the renovation of the Srikovil of the sub deities, from the ‘sapathi’ approved by the Travancore Devaswom Board, the Maramath wing of the Travancore Devaswom Board shall take necessary steps to undertake that construction, strictly in accordance with the accepted procedure. Necessary steps in this regard shall be commenced, by calling for detailed drawings and plan for the renovation of the srikovil of the sub deities from the ‘sapathi’ as expeditiously as possible, at any rate within a period of one month. (3) In so far as Ext.P3 report dated 20.09.2024 of the 3[rd] respondent Assistant Devaswom Commissioner is concerned, after obtaining the opinion of the 'thanthri', the Board shall take an appropriate decision as to whether the remedial measures in terms of Ext.P1 'prasna charth' in the 'Devaprashnam' conducted on 25.03.2004 has to be proceeded with or fresh 'Devaprashnam' has to be conducted. The Board shall file an action taken report before the learned Ombudsman within a period of three months from the date of receipt of a copy of this judgment. In case further directions of this Court are necessary, it will be open to the learned Ombudsman to file reports before this Court. 12 WP(C) NO. 10389 OF 2024 Registry to communicate a copy of this judgment, along with a copy of this writ petition to the learned Ombudsman. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **HARISANKAR V. MENON, JUDGE** Skk//30.03.2024 13 WP(C) NO. 10389 OF 2024 ## **`APPENDIX OF WP(C) NO.10389/2024`** ## **`' PETITIONERS EXHIBITS:-`** ``` EXHIBIT P-1 ``` - **`EXHIBIT P-1 THE TRUE COPY OF THE ASHTAMANGALA DEVAPRESHNAM REPORT DATED 25.03.2004.`** - **`EXHIBIT P-2 THE TRUE COPY OF THE REPRESENTATION DATED 26.04.2004 SUBMITTED BY THE CHIEF PRIEST OF THE AYROOR SRI SUBRAMANYA SWAMI TEMPLE TO ASSIST. DEVASWOM COMMISSIONER (ARANMULA GROUP)`** - **`EXHIBIT P-3 A TRUE COPY OF THE REPORT DATED 20.09.2004 SUBMITTED BY THE ASSIST. DEVASWOM COMMISSIONER TO THE DEVASWOM COMMISSIONER`** ``` EXHIBIT P-4 A TRUE COPY OF THE REPRESENTATION DATED 28.12.2004 SUBMITTED BY THE PRESIDENT, SRI AYROOR SRI SUBRAMANYA SWAMI TEMPLE ADVISORY COMMITTEE TO TRAVANCORE DEVASWOM BOARD PRESIDENT ``` - **`EXHIBIT P-5 A TRUE COPY OF THE LETTER NO. R.O.C.7501/2004/M DATED 28.12.2024 SENT BY THE SECRETARY TRAVANCORE DEVASWOM BOARD TO THE 2ND RESPONDENT, DEVASWOM COMMISSIONER`** - **`EXHIBIT P-6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECRETARY TEMPLE ADVISORY COMMITTEE DATED 24.02.2016`** - **`EXHIBIT P-7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 09.02.2017 TO THE PRESIDENT TRAVANCORE DEVASWOM BOARD`** - **`EXHIBIT P-8 A TRUE COPY OF THE LETTER FORWARDED BY THE MLA RANNI TO THE PRESIDENT OF TRAVANCORE DEVASWOM BOARD DATED 30.07.2023`** - **`EXHIBIT P-9 A TRUE COPY OF THE REPRESENTATION DATED 31.07.2023 SUBMITTED BY THE 1ST`** 14 WP(C) NO. 10389 OF 2024 ## **`PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD PRESIDENT`** - **`EXHIBIT P-10 A TRUE COPY OF THE MINUTES OF THE TEMPLE ADVISORY COMMITTEE MEETING HELD ON 18.02.2024`** - **`EXHIBIT P-10(A) A TRUE COPY OF THE MINUTES OF THE PUBLIC MEETING HELD ON 25.02.2024`** - **`EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED 16-032024 OF THE KSHETHRA THANTRI TO THE 3RD RESPONDENT`** - **`EXHIBIT P12 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THE BROKEN TILES, THE LIGHT SUPPORTED BY WOODEN PIECE AND OF SRIKOVIL.`** - **`EXHIBIT P13 THE TRUE COPY OF THE PHOTOGRAPHS OF KAZHUKOL DAMAGED BY TERMITE AND JOINED WITH IRON PLATES`** - **`EXHIBIT P14 THE TRUE COPY OF THE PHOTOGRAPH SHOWING HE BROKEN COMPOUND WALL OF THE TEMPLE`** - **`EXHIBIT P15 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE BROKEN COMPOUND WALL AND KANJIRAM TREE`** - **`EXHIBIT P16 THE TRUE COP OF THE PHOTOGRAPHS SHOWING THE INAUGURATION OF THE RENOVATION SCHEME ENGRAVED IN STONE IN THE YEAR 2006`** - **`EXHIBIT P17 THE TRUE COPY OF THE PHOTOGRAPHS OF THE FRONT PORTION OF THE TEMPLE`**