High Court of KeralaDivision Bench2023-03-14Writ petition disposed of; 2nd respondent canno...

Taliparamba Trichambaram Kanjirangad Devaswom (TTK Devaswom) v. State of Kerala, Sree Krishna Seva Samithi, Commissioner, Malabar Devaswom Board, Assistant Commissioner, Kasaragod, Station House Officer, Talipparamba Police Station, and Malabar Devaswom Board

Case / Petition Number:W.P.(C) NO.8582 OF 2023

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
P. G. Ajithkumar
Judgment Date: 2023-03-14
Court Decision / Holding: Writ petition disposed of. The court held that the 2nd respondent cannot interfere in the management of the Trichambaram Sree Krishna Temple, a controlled institution under the Malabar Devaswom Board. If interference occurs, the Executive Officer of the Devaswom should approach the appropriate authority to modify Ext.R2(a) Rules and Regulations to address objectionable clauses. The office of the Samithi in the temple premises had already been taken over by the Executive Officer as per Ext.P10, and the court recognized that the Malabar Devaswom Board had not framed new rules for Temple Advisory Committees. The decision reflects adherence to Section 14 of the Madras Act and to the earlier Payyannur decision, which supports temple governance consistent with customs; the court noted the Eviction and directed appropriate action through the Board’s mechanisms and police action if required.
Final Disposition: Writ petition disposed of; 2nd respondent cannot interfere with temple management; Executive Officer may seek modification of Ext.R2(a) to align with temple governance; Ext.P10 (the earlier judgment) is acknowledged; police action to be pursued if necessary by appropriate authorities.

Parties to the Case

Appellants / Petitioners

Taliparamba Trichambaram Kanjirangad Devaswom (TTK Devaswom)

Respondents

State of Kerala represented by the Secretary to the Government, Department of Revenue (Devaswom), Government Secretariat, Thiruvananthapuram
Sree Krishna Seva Samithi (Reg No. 50/76) represented by its President AP Gangadharan
Commissioner, Malabar Devaswom Board
Assistant Commissioner, Malabar Devaswom Board
Station House Officer, Talipparamba Police Station
Malabar Devaswom Board represented by its Secretary

Legal Representation & Advocates

Counsels for Petitioners

• G. Sreekumar (Chelur)

Counsels for Respondents

• M.K. Sumod Mundachalil Kotttieh
• K.R. Avinash (Kunnath)
• Abdul Raoof Pallipath
• Vidya M.K.
• T.K. Vipindas
• R. Lakshmi Narayan

Case Synopsis & Summary

Taliparamba Trichambaram Kanjirangad Devaswom (TTK Devaswom) filed a writ petition under Article 226 of the Constitution seeking mandamus to direct the Commissioner, Malabar Devaswom Board, and the Assistant Commissioner, Kasaragod, to initiate criminal action against Sree Krishna Seva Samithi and its members for alleged illegal collection of money in the name of the Trichambaram Temple, a controlled institution under the Malabar Devaswom Board. The petition relies on documents (Ext.P11/Ext.P12) pointing to unlawful fundraising by the Samithi and on prior court orders (Ext.P10) acknowledging that the Samithi had been ousted from temple premises. The case discusses the 2nd respondent’s Rules and Regulations (Ext.R2(a)), including recruitment aims, fundraising provisions, and office arrangements, and contrasts them with statutory provisions under the Madras Hindu Religious and Charitable Institutions Act, 1951, especially Section 14, which provides for Temple Advisory Committees and requires alignment with existing customs. The court grounds its decision in the statutory framework and a previous Division Bench decision (Payyannur case) that temple governance must be conducted without improper interference by private committees. Ultimately, the court disposed of the petition, directing that if interference occurs the Executive Officer may seek modification of Ext.R2(a) to ensure proper governance, while noting that the Samithi’s possession has already been taken over by the Devaswom.

Provisions of Law Cited

Constitution of India, Article 226Madras Hindu Religious and Charitable Institutions Act, 1951 - Section 14 (subs. 1-3)

Legal Doctrines & Maxims

Ultra vires
Not inconsistent with existing customs and practices
Temple Advisory Committees as per Section 14(1) of the Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the 2nd respondent Samithi is raising funds and conducting meetings in the name of the Trichambaram Temple, a temple governed by the Malabar Devaswom Board, in a manner that undermines Devaswom oversight. It seeks mandamus directing action by state authorities and police against illegal fundraising. Relying on Ext.P11/Ext.P12 and Ext.P10, the petitioner argues for safeguarding temple governance and compliance with statutory provisions, particularly Section 14 of the Madras Act, which contemplates Temple Advisory Committees aligned with customs. The petitioner contends that the Samithi’s activities threaten orderly administration; the court should prevent further encroachment and ensure regulatory oversight.

Contentions of Respondents

Respondents argue that temple administration may involve Samithi activities, and that the Devaswom Board should supervise, not extraneous interference by private committees. They rely on statutory provisions and prior orders (Ext.P10) to justify controlling Temple affairs under the Board’s auspices, while acknowledging that Circulars (HRJ) may have been declared ultra vires in prior cases. They contend that the formation and function of committees must be regulated within Section 14, and that the Board’s governance should prevail, with any modifications to Ext.R2(a) to be made through proper authority rather than unilateral actions.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Payyannur Sree Subrahmanya Swami Kshethrodharana Samithi and another v. Malabar Devaswom Board and others	2013 (3) KHC 849	Positive	This Division Bench decision confirms that Temple Advisory Committees may be formed under Section 14 of the Madras Act 1951 and must be consistent with existing customs; it also held that the circulars prescribing formation of such committees were ultra vires, guiding the current court's view that Samithi interference in temple administration is not permissible.

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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`** ``` TUESDAY, THE 14[TH] DAY OF MARCH 2023 / 23RD PHALGUNA, 1944 ``` ## **`W.P.(C)NO.8582 OF 2023`** ## **`PETITIONER:`** ``` TALIPARAMBA TRICHAMBARAM KANJIRANGAD DEVASWOM (TTK DEVASWOM), REPRESENTED BY ITS EXECUTIVE OFFICER, M NARAYANAN, AGED 54, S/O M. KUBERAN NAMBOOTHIRI, MULLAPPALLI, CHERIYOOR, KUTTIERY POST, TALIPARAMBA, KANNUR - 670 142, TTK DEVASWOM, TALIPARAMBA, KANNUR DISTRICT, PIN - 670141 BY ADV G.SREEKUMAR (CHELUR) ``` ## **`RESPONDENTS:`** - **`1 THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE (DEVASWOM), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001`** - **`2 SREE KRISHNA SEVA SAMITHI REG NO. 50/76, REPRESENTED BY ITS PRESIDENT AP GANGADHARAN, AGE AND OTHER PERSONAL DETAILS NOT KNOWN, TRICHAMBARAM, TALIPARAMBA P.O, KANNUR DISTRICT, PIN - 670141`** - **`3 COMMISSIONER, MALABAR DEVASWOM BOARD HOUSE FED COMPLEX, ERANJIPALAM P.O, KOZHIKODE, PIN - 673006`** - **`4 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, NILESWARAM P.O, KASARGODE- 671314`** - **`5 THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, TALIPARAMBA P.O, KANNUR DISTRICT, PIN - 670141`** - **`6 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSE FED COMPLEX, ERANJIPALAM P.O, KOZHIKODE, PIN - 673006 BY ADVS.`** - **`SHRI.S.RAJMOHAN, SENIOR G.P.`** 2 W.P.(C)No.8582 of 2023 ``` M.K.SUMOD MUNDACHALIL KOTTIETH K.R.AVINASH (KUNNATH)(K/1364/2003) ABDUL RAOOF PALLIPATH(K/920/1998) VIDYA M.K.(K/910/1990) ``` ``` SRI T.K.VIPINDAS - SR GOVERNMENT PLEADER ; SRI R.LAKSHMI NARAYAN - STANDING COUNSEL-MALABAR DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.8582 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** Taliparamba Trichambaram Kanjirangad Devaswom (TTK Devaswom) has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding 3[rd] respondent Commissioner, Malabar Devaswom Board and the 4[th] respondent Assistant Commissioner, Kasaragod, to approach the 5[th] respondent Station House Officer, Taliparamba Police Station, for initiating criminal action against the 2[nd] respondent Sree Krishna Seva Samithi and its members for illegal collection of money from the general public in the name of Trichambaram Sree Krishna Temple, which is a controlled institution under the 6[th] respondent Malabar Devaswom Board, and also to see that no such activities take place there. The document marked as Ext.P11 is a communication dated 03.03.2023 of the 3[rd] respondent Commissioner, addressed to the Deputy Superintendent of Police, Taliparamba, forwarding Ext.P12 representation dated 28.02.2023 made by the petitioner, pointing out certain illegal activities by the 2[nd] respondent Samithi in Trichambaram Sree Krishna Temple. The document marked as Ext.P10 is the judgment of this court dated 4 ## W.P.(C)No.8582 of 2023 13.02.2023 in W.P.(C)Nos.3136 of 2023 and 4425 of 2023. W.P.(C)No.3136 of 2023 was filed by Sree Krishna Seva Samithi and its President, seeking an order directing the Malabar Devaswom Board and also the Executive Officer of TTK Devaswom not to interfere with the office and functioning of the Seva Samithi in Trichambaram Sree Krishna Temple and for other consequential reliefs. TTK Devaswom has filed W.P.(C)No.4425 of 2023, seeking a writ of mandamus commanding the Commissioner, Malabar Devaswom Board and the Assistant Commissioner, Kasaragod to interdict and restrain Sree Krishna Seva Samithi from conducting any meetings, festivals or collecting any funds under a new name in connection with activities of Trichambaram Sree Krishna Temple and also to see that no such activities take place there, and if found necessary to avail the assistance of the police to enforce the same. Since Trichambaram Sree Krishna Seva Samithi could not establish any right over the office premises, which they have been using for quite some time, and right to interfere in the affairs of the said temple, in Ext.P10 judgment, it was held that the Samithi is not entitled to claim a writ of mandamus as prayed for in W.P.(C)No.3136 of 2023. Since the office of the Samithi 5 ## W.P.(C)No.8582 of 2023 functioning in the premises of Trichambaram Sree Krishna Temple has already been taken over by the Executive Officer, TTK Devaswom, as per the directions of the Malabar Devaswom Board, by Ext.P10 judgment W.P.(C)No.4425 of 2023 was dismissed as nothing survives in that writ petition. 2. On 10.03.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 and 5. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 3, 4 and 6. Urgent notice on admission by special messenger was ordered to the 2[nd] respondent, returnable by 13.03.2023. The learned Senior Government Pleader and also the learned Standing Counsel were directed to get instructions. 3. The 2[nd] respondent Trichambaram Sree Krishna Seva Samithi has filed a counter affidavit dated 13.03.2023, opposing the relief sought for in this writ petition. Along with that counter affidavit, the Rules and Regulations and also the Memorandum of the Samithi dated 28.10.1981 is placed on record as Ext.R2(a). The document marked as Ext.R2(b) is a certificate dated 11.01.2023 issued by the District Registrar, Kannur, evidencing the 6 ## W.P.(C)No.8582 of 2023 renewal of the registration of the Samithi for the year 2022-23. 4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 5, the learned counsel for the 2[nd] respondent Trichambaram Sree Krishna Seva Samithi and also the learned Standing Counsel for Malabar Devaswom Board, for respondents 3, 4 and 6. 5. The pleadings and materials on record would show that the 2[nd] respondent Trichambaram Sree Krishna Seva Samithi had already been evicted from the premises of Trichambaram Sree Krishna Temple, based on the orders issued by the 6[th] respondent Malabar Devaswom Board. The said fact has already been taken note of by this Court in Ext.P10 judgment 13.02.2023 in W.P.(C)Nos.3136 and 4425 of 2023. 6. Along with the counter affidavit filed by the 2[nd] respondent Trichambaram Sree Krishna Seva Samithi, Exts.R2(a) Rules and Regulations and Memorandum of the Samithi dated 28.10.1981 is placed on record. Rule 4 of the Rules and Regulations deals with the aims and objectives of the Samithi, which include “to co-operate with the management of religious and other charitable institutions of public and private nature, in 7 ## W.P.(C)No.8582 of 2023 renovating, repairing and reconstructing the damaged institutions in Taliparamba Taluk, with public support and prior consent of the management”; “to render all help, financial and otherwise including advice, to the management of religious and charitable institutions in conducting annual celebrations and festivals and to take up the management of such institutions if and when voluntarily offered by the existing managements with all assets and liabilities”; to help to maintain a high standard in the day to day management and up-keep of religious and charitable institutions in Taliparamba Taluk. Rule 12 of the Rules and Regulations deals with finance of the Samithi, which reads thus; “12. Finance of the Samithi: a) The subscription from the members, donations and contributions of well-wishers of the Samithi shall form the capital of the Samithi. (b) The Samithi may collect contributions from the public at the time of the festivals and also when major undertakings like the repairs of the temples, etc. are undertaken.” Rule 14 of the Rules and Regulations deals with office and buildings of the Samithi, which reads thus; “14. Office and buildings: Meetings of the Samithi etc., may be convened at the Trichambaram Temple (Sree Krishna) Devaswom Office premises with the permission of the Devaswom authorities till an office of the Samithi is 8 ## W.P.(C)No.8582 of 2023 established in a suitable place.” 7. Section 14 of the Madras Hindu Religious and Charitable Institutions Act, 1951 deals with Temple Advisory Committees. As per sub-section (1) of Section 14 of the Act, For the purpose of ensuring the adequate participation of Hindu devotees, a committee may be constituted for each temple in the name "(name of the temple) Temple Advisory Committee", not inconsistent with the existing custom and practices. As per subsection (2) of Section 14, the Temple Advisory Committees formed under sub-section (1) shall be approved by the Board. As per subsection (3) of Section 14, the composition of a Temple Advisory Committee under sub-section (1) shall be in such manner, as may be prescribed. 8. In **Payyannur Sree Subrahmanya Swami Kshethrodharana Samithi and another v. Malabar Devaswom Board and others [2013 (3) KHC 849]** a Division Bench of this Court held that Section 14 of the Madras Hindu Religious and Charitable Institutions Act, 1951 provides for the constitution of Temple Advisory Committees, not inconsistent with the existing custom and practices. The object sought to be 9 ## W.P.(C)No.8582 of 2023 achieved by the constitution of Temple Advisory Committees, as provided in the opening part of sub-section (1) of Section 14, is for the purpose of ensuring the adequate participation of Hindu devotees. The constitution of a Temple Advisory Committee shall not be inconsistent with the existing customs and practices. In the said decision this Court repelled the challenge made against Section 14 of the Act; however, it was held that the Rules contained in Circular No.HRJ 1-5144/2009 dated 03.08.2009 issued by the Commissioner, Malabar Devaswom Board regarding the formation of Temple Advisory Committees in temples which are controlled institutions of Malabar Devaswom Board is ultra vires the provisions of the Act and hence declared void and inoperative. 9. After the decision of the Division Bench in **Payyannur Sree Subrahmanya Swami Kshethrodharana Samithi and** **another [2013 (3) KHC 849]** the Malabar Devaswom Board has not framed any Rules regarding formation of Temple Advisory Committee in temples which are controlled institutions under the Board in exercise of its powers under sub-section (3) of Section 14 of the Act. Instead, Committees are being formed in such 10 ## W.P.(C)No.8582 of 2023 temples, for the specific purpose of conducting festivals or for undertaking renovation works, in terms of Circular No.HRH 5/8246/06 dated 15.06.2007 of the Commissioner, Hindu Religious and Charitable Endowments (Administration) Department. 10. In view of the statutory provisions referred to in the decision of this Court in **Payyannur Sree Subrahmanya Swami Kshethrodharana Samithi [2013 (3) KHC 849]** a Samithi like the 2[nd] respondent Sree Krishna Seva Samithi, with the aims and objects in Ext.R2(a) Rules and Regulations, cannot interfere in any manner with the management of a temple, which is a controlled institution under the Malabar Devaswom Board. 11. In case there is any interference in the management of Trichambaram Sree Krishna Temple under Taliparamba Trichambaram Kanjirangad Devaswom (TTK Devaswom) by the 2[nd] respondent Sree Krishna Seva Samithi, it is for the Executive Officer of the Devaswom to approach the appropriate authority seeking interference. The Executive Officer can also approach the appropriate authority to ensure that the ‘objectional clauses’ in 11 W.P.(C)No.8582 of 2023 Ext.R2(a) Rules and Regulations of the 2[nd] respondent Samithi is modified in an appropriate manner. In the result, this writ petition is disposed of as above. **Sd/ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** **yd** 12 W.P.(C)No.8582 of 2023 ## APPENDIX ## **`PETITIONER EXHIBITS`** |**`ExhibitP1`**|**`A TRUE COPY OF THE CERTIFICATE OF`**| |---|---| ||**`REGISTRATION DATED 29.03.1976 ISSUED`**| ||**`PURSUANT TO THE MEMORANDUM OF`**| ||**`ASSOCIATION.`**| |**`ExhibitP2`**|**`A TRUE COPY OF THE NOTICE DATED`**| ||**`08.02.2022 ISSUED BY THE EXECUTIVE`**| ||**`OFFICER, TTK DEVASWOM TO THE SECRETARY,`**| ||**`SREEKRISHNA SEVA SAMITHI.`**| |**`ExhibitP3`**|**`A TRUE COPY OF THE COMMUNICATION DATED`**| ||**`09.02.2022 ISSUED BY THE COMMISSIONER TO`**| ||**`THE EXECUTIVE OFFICER, TTK DEVASWOM.`**| |**`ExhibitP4`**|**`A TRUE COPY OF THE NOTICE DATED`**| ||**`15.02.2022 ISSUED BY THE EXECUTIVE`**| ||**`OFFICER, TTK DEVASWOM TO THE OFFICE`**| ||**`BEARERS OF THE SREEKRISHNA SEVA SAMITHI.`**| |**`ExhibitP5`**|**`A TRUE COPY OF FURTHER NOTICE DATED`**| ||**`25.03.2022.`**| |**`ExhibitP6`**|**`TRUE COPY OF THE REPLY NOTICE DATED`**| ||**`19.04.2022 SENT BY THE 2ND RESPONDENT`**| ||**`SEVA SAMITHI TO THE PETITIONER.`**| |**`ExhibitP7`**|**`A TRUE COPY OF THE COMMUNICATION DATED`**| ||**`21.02.2022 ISSUED BY THE ASSISTANT`**| ||**`COMMISSIONER, MALABAR DEVASWOM BOARD TO`**| ||**`THE EXECUTIVE OFFICER, TTK DEVASWOM.`**| |**`ExhibitP8`**|**`TRUE COPY OF THE ORDER (H2-`**| ||**`445/2022/M.D.B) DATED 29.08.2022 PASSED`**| ||**`BY THE COMMISSIONER, MALABAR DEWASWOM`**| ||**`BOARD.`**| |**`ExhibitP9`**|**`A TRUE COPY OF THE REPORT AND INVENTORY`**| ||**`DATED 06.09.2022 PREPARED BY THE`**| ||**`EXECUTIVE OFFICER, TTK DEVASWOM.`**| |**`ExhibitP10`**|**`A TRUE COPY OF THE COMMON JUDGMENT`**| ||**`DELIVERED IN W P C NOS 4425 AND 3136 OF`**| ||**`2023 BY THIS HON'BLE COURT DATED`**| ||**`13.2.2023.`**| |**`ExhibitP11`**|**`A TRUE COPY OF THE COMMUNICATION OF THE`**| ||**`BOARD DATED 3.3.2023.`**| |**`ExhibitP12`**|**`A TRUE COPY OF THE COMMUNICATION OF THE`**| 13 W.P.(C)No.8582 of 2023 ## **`PETITIONER DATED 28.2.2023.`** ## **`2ND RESPONDENT'S EXHIBITS`** ``` EXHIBIT.R2 (A) True copy of the Rules and Regulations of the Samithy with its certificate of registration issued on 28.10.1981 by the District Registrar, Thalassery EXHIBIT.R2 (B) True copy of the renewal certificate dated 11.1.2023 of the District Registrar (General), Kannur ```