TRAVANCORE DEVASWOM BOARD-THIRUVALLAM SREE PARASURAMA SWAMY TEMPLE - COMPLAINT AGAINST UNAUTHORISED COMMITTEES

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` TUESDAY, THE 12[TH] DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945 ``` ``` DBP NO.111 OF 2023 ``` ## **`TRAVANCORE DEVASWOM BOARD-THIRUVALLAM SREE PARASURAMA SWAMY`** ``` TEMPLE - COMPLAINT AGAINST UNAUTHORISED COMMITTEES ``` ``` PETITIONER: ``` ``` SUO MOTU ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. ``` ``` 2TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695033. ``` ``` 3DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695003. ``` ``` 4THE ADMINISTRATIVE OFFICER THIRUVALLAM SREE PARASURAMA SWAMY TEMPLE, THIRUVALLAM P.O, THIRUVANATHAPURAM - 695027 ``` ``` *ADDL.R5THE COMMISSIONER OF POLICE POLICE GROUND, C.V.RAMAN PILLAI ROAD, PANAVILA, THYCAUD, THIRUVANANTHAPURAM, PIN - 695 014 ``` ``` 2 ``` DBP No.111 of 2023 ``` *ADDL.R6THE STATION HOUSE OFFICER THIRUVALLAM POLICE STATION, THIRUVALLAM, PIN - 695 027 *[ARE SUO MOTU IMPLEADED AS ADDL.R5 & R6 VIDE ORDER DATED 09/11/2023 IN DBP 111/2023] ``` ``` *ADDL.R7 THE ASSISTANT COMMISSIONER, PRASANTHI NAGAR, PAZHAVANGADI, THIRUVANANTHAPURAM, PIN-695 23. ``` ``` *[IS SUOMOTU IMPLEADED AS ADDL.R7, VIDE ORDER DATED 12.12.2023 IN DBP NO.111/2023] ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` DBP No.111 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ , based on a complaint dated nil received from the devotees of Thiruvallam Sree Parasurama Swamy Temple, against the formation of unauthorised committees in that temple, erection of flex boards and banners in the temple premises. In the complaint, it is alleged that various associations like arts and sports clubs are being permitted to conduct various activities in the temple premises, instead of constituting a Temple Advisory Committee. 2. On 09.11.2023, when this DBP came up for consideration, the learned Standing Counsel for the Travancore Devaswom Board and also the learned Senior Government Pleader sought time to get instructions and to file an affidavit, explaining the facts and circumstances with specific reference to the law laid down by this Court in **Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940]** , **Sunilkumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** and **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** . ``` 4 ``` DBP No.111 of 2023 3. On 24.11.2023, the learned Standing Counsel for the Travancore Devaswom Board submitted that at present, there is no Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple, constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and the 4[th] respondent-Administrative Officer is in control of the entire activities. By the order dated 24.11.2023, this Court held that in view of the statutory provisions referred to hereinbefore and the law laid down by this Court in **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** and other decisions rendered in the context of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, including the decision in **Sunilkumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** organisations under the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., and Arts and Sports Clubs cannot be permitted to function in the temple premises of Thiruvallam Sree Parasurama Swamy Temple, which is a temple under the management of the Travancore Devaswom Board. Such organisations or clubs cannot be permitted to erect flex boards, banners, etc., inside the temple premises. It is for the concerned Assistant Commissioner and the 4[th] respondent Administrative Officer to take necessary ``` 5 ``` DBP No.111 of 2023 steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple. 4. By the order dated 24.11.2023, the learned Standing Counsel for the Travancore Devaswom Board was directed to place on record, within two weeks, an affidavit on behalf of the 2[nd] respondent, explaining the facts and circumstances and also the reason for non-constitution of a Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple. The learned Senior Government Pleader was directed to place on record an affidavit of the Station House Officer, as to whether flex boards and banners in the name of Kshetra Samrakshana Samithi, etc., or Arts and Sports Clubs are erected on the road leading to Thiruvallam Sree Parasurama Swamy Temple. 5. Heard the learned Senior Government Pleader for 1[st] respondent and also for additional 5[th] and 6[th] respondents and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also for the additional 7[th] respondent. 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 the provisions under Section 3 of ``` 6 ``` DBP No.111 of 2023 the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, 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 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. As per Section 31 of the Act, 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. 7. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (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 ``` 7 ``` DBP No.111 of 2023 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 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, with has been approved by this Court vide order dated 03.11.2011. in DBA No. 153 of 2009. 8. 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 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. 9. Clause (3) of the Rules deals with membership. Clause (3) of the Rules makes it explicitly clear that the ``` 8 ``` DBP No.111 of 2023 membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshipers 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. 10. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** this Court held that, 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 Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple 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 Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple 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 ``` 9 ``` DBP No.111 of 2023 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. According to Oxford Dictionary, ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple. 11. The law laid down in **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** was reiterated by this Court in **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** . 12. In view of the statutory provisions referred to hereinabove and also the law laid down in the decisions referred to supra, it is for the Temple Advisory Committee of Thiruvallam Sree Parasurama Swamy Temple to render necessary assistance to the Travancore Devaswom Board and its officials for the smooth functioning of the temple activities and festivals according to the usage of that temple. Organisations under the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., and Arts and Sports Clubs cannot be permitted to function in the temple premises of Thiruvallam Sree Parasurama ``` 10 ``` DBP No.111 of 2023 Swamy Temple, which is a temple under the management of the Travancore Devaswom Board. Such organisations or clubs cannot be permitted to erect flex boards, banners, etc., inside the temple premises. It is for the additional 7[th] respondent Assistant Commissioner and the 4[th] respondent Administrative Officer to take necessary steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple. Since there is no Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple, which is a major temple under the management of the Travancore Devaswom Board, the additional 7[th] respondent Assistant Commissioner is directed to take necessary steps to convene the general body of registered mandalam to elect the members of the Temple Advisory Committee, after complying with the statutory requirements. Necessary steps in that regard shall be initiated, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment. Till the constitution of a Temple Advisory Committee, the activities in Thiruvallam Sree Parasurama Swamy Temple shall be managed by the Board directly, through the additional 7[th] respondent Assistant Commissioner and the 4[th] respondent Administrative Officer. In case any assistance is required, the 4[th] respondent ``` 11 ``` DBP No.111 of 2023 can approach the 6[th] respondent Station House Officer, with a proper request, in which event the Police shall render necessary assistance. The writ petition is disposed of as above. **Sd/-** **Sd/G. GIRISH, JUDGE** vgd