Travancore Devaswom Board - P.D. Manikandeswaram Devaswom - Formation of Local Committee (DBP No. 29 of 2023)

## **`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 9[TH] DAY OF JUNE 2023 / 19TH JYAISHTA, 1945 ``` ``` DBP NO. 29OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS ``` ``` INITIATED – REG. ``` ``` ------------ ``` ## _**`TRAVANCORE DEVASWOM BOARD- P.D. MANIKANDESWARA DEVASWOM- TO`**_ ## _**`FORMATION OF LOCAL COMMITTEE`**_ ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001`** - **`2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003`** - **`3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM- 695 005`** - **`4 ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA GROUP, KOTTARAKKARA. P.O, KOLLAM -691 506`** ``` DBP NO.29 OF 2023 ``` ``` 2 ``` ``` 5 ADMINISTRATIVE OFFICER P.D.MANIKANDESWARAM DEVASWOM, KOTTARAKKARA P.O, KOLLAM-691506 ``` ``` 6 TEMPLE ADVISORY COMMITTE P.D.MANIKANDESWARAM DEVASWOM, REPRESENTED BY ITS SECRETARY, KOTTARAKKARA.P.O, KOLLAM -691506 ``` ``` R1 BY SRI. RAJMOHAN, SENIOR GOVERNMENT PELADER R2 TO R5 BY SRI.G. BIJU, STANDING COUNSEL R6 BY ADV. SRI. C.R.JAYAKUMAR ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON ``` ``` 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` DBP NO.29 OF 2023 ``` ``` 3 ``` ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ , vide proceedings dated 11.04.2023, based on a complaint made by a devotee of P.D. Manikanteswara Devaswom alleging that the local committees (kara committees), namely 'Desom Padinjattinkara' and 'Manikanteswaram Kizhakkekkara' have been illegally collecting amounts from the devotees in the name of P.D. Manikanteswaram Devaswom, without proper accounting. 2. On 12.04.2023, when this DBP was came up for consideration, the learned Government Pleader entered appearance for the 1[st] respondent and the learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 2 to 5. This Court issued notice to the 6[th] respondent, Temple Advisory Committee through the 4[th] respondent Assistant Devaswom Commissioner. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions on the activities of the kara committees, namely, 'Desom Padinjattinkara' and Manikanteswaram Kizhakkekkara' referred to in the complaint dated 05.04.2023. ``` DBP NO.29 OF 2023 ``` ``` 4 ``` 3. On 13.04.2023, when this DBP came up for consideration, this Court passed an order whereby the 4[th] respondent Assistant Devaswom Commissioner, Kottarakkara Group and the 5[th] respondent Administrative Officer, P.D. Manikanteswara Devaswom were directed to take necessary steps to ensure that there is no collection of money by any 'kara committee' or by any other organisation, in the name of the deity. In the said order, it was made clear that in case there is any illegal collection of money from the devotees, the 5[th] respondent Administrative Officer shall submit a proper complaint before the concerned Station House Officer, in which event the police shall take necessary action, in accordance with law. 4. Heard the learned Senior Government Pleader for the 1[st] respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and the learned counsel for the 6[th] respondent Temple Advisory Committee. 5. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would submit that in terms of the directions contained in the order dated 13.04.2023, the 4[th] respondent Assistant Devaswom Commissioner has erected ``` DBP NO.29 OF 2023 ``` ``` 5 ``` notice boards at various places during the annual festival of P.D. Manikanteswara Devaswom, for the information of the devotees, that no kara committees are permitted to collect money from the devotees in connection with the temple festival. 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 sub-section (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. Chapter II of the Act deals with the Travancore Devaswom. 7. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 ``` DBP NO.29 OF 2023 ``` ``` 6 ``` M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. 8. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per subsection (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 9. 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 ``` DBP NO.29 OF 2023 ``` ``` 7 ``` following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the 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. 10. 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 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 subsection (3) of Section 31A, the composition of an Advisory ``` DBP NO.29 OF 2023 ``` ``` 8 ``` 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 sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 11. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 12. Clause (3) of the Rules deals with membership. Clause (3) makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with ``` DBP NO.29 OF 2023 ``` ``` 9 ``` class of persons who are entitled to get membership. ## 13. In **Santharam Roy T.S. v. Travancore Devaswom** **Board and others [2022 (2) KHC 595]** this Court held that the provisions under Clause (3) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Board makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of 'registered mandalam'. The election of members to the Temple Advisory Committee is made from among the members of 'registered mandalam' present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. 14. Clause (11) of the Rules, which deals with term of office of the Temple Advisory Committee. As per Clause (11) of the Rules, ``` DBP NO.29 OF 2023 ``` ``` 10 ``` the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the Board can extend the term for a further period of one year. Clause (11) makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. ## 15. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the 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 sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the 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 ``` DBP NO.29 OF 2023 ``` ``` 11 ``` 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. 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 is not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the approved bye-laws, shall not be exercised as a matter of course. They shall call for a report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a ``` DBP NO.29 OF 2023 ``` ``` 12 ``` decision as to whether the extension of the term has to be given or not. 16. Clause (12) of the Rules deals with powers and rights of the Devaswom Board. As per Clause (12), the Devaswom Commissioner shall have the power to determine the qualification of the members of the Advisory Committee, the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In the event of the activities of the Advisory Committee being contrary to the interest of the Temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 17. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** one of the contentions raised before this Court by the learned counsel for respondents 5 to 10 therein was that the construction or repair or renovation work that has to be undertaken in a temple under the management of the Travancore Devaswom Board is outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. This Court noticed that insofar as the ``` DBP NO.29 OF 2023 ``` ``` 13 ``` aforesaid contention raised by the learned counsel for respondents 5 to 10 therein is concerned, as per Clause (2) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute the same with the approval of the Board. Clause (11) of the Rules provides that, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 18. Clause (9) of the Rules deals with office bearers and their duties. Clause (9.1) deals with President, Clause (9.2) deals with Vice President, Clause (9.3.) deals with Secretary and Clause (9.4) deals with Treasurer. As per Clause (9) of the Rules, one of ``` DBP NO.29 OF 2023 ``` ``` 14 ``` the duties of the President, as provided in Clause (9.1), is to formulate projects for the betterment of the temple and for the convenience of the devotees and implement the same with the approval of the Board. The President has to supervise the collection of funds at the initiative of the Advisory Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. ``` DBP NO.29 OF 2023 ``` ``` 15 ``` 19. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court held that a reading of the provisions under Clause (9) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees makes it explicitly clear that the construction or repair or renovation work that has to be undertaken in a temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. It would certainly be open to the Travancore Devaswom Board to undertake such construction, repair or renovation work in a temple, directly by its Maramath Department. However, when the Board has chosen to undertake such construction or repair or renovation work in a temple through a committee, under the supervision of the officials in the Maramath Department, it has to be undertaken through the Temple Advisory Committee constituted under Section 31A of the Act, under constant supervision and scrutiny by the concerned officers of the Board, in order to ensure that the activities of the committee are in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act contemplate the constitution of a Temple Advisory Committee in the temples under the management of the Board, which is assigned ``` DBP NO.29 OF 2023 ``` ``` 16 ``` with various duties as per the said Rules, which includes undertaking various developmental activities in the temple, the normal rule is that any developmental activity in a temple, which is not undertaken directly by the Board through its officials in the Maramath Department, has to be undertaken through the Temple Advisory Committee. In **Sunil Kumar C.** this Court found that, in view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down in **Chandu K. [2021 (3) KHC 379]** , the construction, repair or renovation work that has to be undertaken in a Temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. 20. Clause (18) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be ``` DBP NO.29 OF 2023 ``` ``` 17 ``` used for collecting funds. As per Clause (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. In **Sunil Kumar C. [2022 (4) KHC 663]** , this Court held that the provisions under Clause (18) of the said Rules provide sufficient safeguards to prevent the illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 21. In view of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra, in a temple under the management of the Travancore Devaswom Board, the Temple Advisory Committee constituted under Section 31A of the Act, which is governed by the provisions under the Rules framed by the Board regarding the formation of Temple Advisory Committees, has to render necessary assistance to the Board and its officials to conduct the traditional rites and ceremonies according to the practice prevalent in that temple and to establish and maintain proper facilities in that temple to the devotees. Any collection of money from the devotees of a temple under the management of the Board, in connection with annual ``` DBP NO.29 OF 2023 ``` ``` 18 ``` festival or other ceremonies can be made only with the prior approval of the Board and against printed sealed coupons issued by the Assistant Devaswom Commissioner. The amount collected from the devotees will have to be accounted in the manner specified in clause (9) of the said Rules and the accounts relating to collection of funds, income and expenditure are to be audited, which shall be produced before the competent authority in the Board before the 30[th] April of every year. In view of the aforesaid provisions, any collection of money from the devotees of P.D. Manikanteswara Devaswom by the local committees (kara committees) is legally impermissible. In the above circumstances, this DBP is disposed of by making the order dated 13.04.2023 absolute. The 4[th] respondent Assistant Devaswom Commissioner and the 5[th] respondent Administrative Officer shall ensure that there is no collection of money by any kara committee or any other organization in the name of the deity of P.D. Manikanteswaram Devaswom. In case, there is any such illegal collection of money from the devotees of P.D.Manikanteswaram Devaswom, the 5[th] respondent Administrative Officer shall submit a proper complaint before the ``` DBP NO.29 OF 2023 ``` ``` 19 ``` concerned Station House Officer, in which event the Police shall take necessary action in accordance with law. Sd/- **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** DCS/12.06.2023