High Court of KeralaDivision BenchDisposed of

Travancore Devaswom Board v. Vrischika Thiruvona Trust and Others

Case / Petition Number:D.B.A.No.9 of 2022
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • P. G. Ajithkumar
Judgment Date
2023-04-04
Court Decision / Holding
The Travancore Devaswom Board is accorded permission to undertake the renovation/reconstruction of the three Sreekovils directly, through its Maramath Wing, utilizing funds provided by the Vrischika Thiruvona Trust. The work shall be carried out under the strict supervision of the Maramath Wing officials and guidance of Vasthu experts, with the entire project subject to audit.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Travancore Devaswom Board

Respondents

  • Deputy Examiner for Local Fund Audit Kerala State Audit Department, Travancore Devaswom Board Audit, Travancore Devaswom Head Quarters, Kowdiar Post, Thiruvananthapuram
  • Vrischika Thiruvona Trust, represented by its Convener GP.Capt. (RTD.) M.Venugopalan Harivarsham, Thuravoor P.O., Alappuzha
  • Sreekumar, S/o. Sreedharan Pillai, Sree Bhavan, Thuravoor P.O., Cherthala, Alappuzha

Legal Representation & Advocates

Counsels for Petitioners

  • • G. Santhosh Kumar

Counsels for Respondents

  • • Sri. S. Rajmohan
  • • Mathew Devassi
  • • Ananthakrishnan A. Kartha
  • • Remya M. Menon
  • • Anoop Sathyan
  • • B. Pramod
  • • Biju Vigneswar
  • • Ayyappadas V

Case Synopsis & Summary

This D.B.A. No.9 of 2022 before the Kerala High Court concerns renovation/reconstruction of three Sreekovils at Thuravoor Mahakshetram. The Travancore Devaswom Board (TD Board) filed the petition seeking permission to complete the renovation under the supervision of an ad hoc committee with the Vrischika Thiruvona Trust, arguing that the earlier orders directed completion within a year with assistance from the Thuravoor Mahakshetra Samithi and that a Temple Advisory Committee had been constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. Opposition arose regarding the use of ad hoc committees in the temple's governance, especially in light of alleged anti-temple activity by the Bhaktajana Samithi, and the need to ensure lawful, transparent proceedings. The court invoked Sunil Kumar C. v. Travancore Devaswom Board and Others (2022) to evaluate whether an ad hoc committee could be used in place of a statutorily constituted Temple Advisory Committee, noting that procedural questions must be resolved before commencing work and that the Local Fund Audit and Ombudsman vetting are applicable. Ultimately, the court directed the TD Board not to commence work without court permission and, after further consideration, allowed a future pathway: the Board may undertake renovation directly through its Maramath Wing with funding from the Vrischika Thiruvona Trust, subject to audit and oversight. The decision reflects ongoing governance and funding concerns in temple administration.

Provisions of Law Cited

Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950Section 31(3) of the Travancore-Cochin Religious Institutions Act, 1950

Submissions & Arguments

Contentions of Appellants / Petitioners

The Travancore Devaswom Board contends that a committee was constituted by this Court and seeks permission to complete the renovation under the supervision of the ad hoc committee with the assistance of the Vrischika Thiruvona Trust. It notes that earlier orders directed completion within one year with the help of the Thuravoor Mahakshetra Samithi and argues that, despite the statutory Temple Advisory Committee under Section 31A, the impugned work should be allowed, at least in a phased manner, under Court oversight. The Board relies on Sunil Kumar C. v. Travancore Devaswom Board and Others (2022) to justify a detailed examination of the legal propriety of ad hoc committees and asserts that financial propriety and governance concerns, including Ombudsman vetting and Local Fund Audit, must be addressed prior to commencement. It ultimately seeks permission to undertake the renovation via its Maramath Wing with funding from the 2nd respondent, ensuring transparency and auditability.

Contentions of Respondents

The respondents contest the bypassing of the statutory Temple Advisory Committee, arguing that reliance on ad hoc committees is inappropriate where a statutory body exists. They contend that matters of temple governance require adherence to Statutory provisions (Section 31A and related rules) and that the Ombudsman and Local Fund Audit must vet the proposed works before any undertaking. They emphasize potential issues of financial propriety, appropriateness of a private trust (Vrischika Thiruvona Trust) undertaking temple renovation, and the need to respect statutory processes. They urge that any work be performed under statutory oversight, with careful scrutiny of funding arrangements and accountability, and only after the necessary approvals and vetting are complete.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sunil Kumar C. and others v. Travancore Devaswom Board and others2022 (4) KHC 663PositiveThe Court relies on the decision to evaluate the legality of ad hoc committees and the interaction with statutory Temple Advisory Committees; it cites the governing principle from that case to frame the present issues.

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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 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 D.B.A. NO. 9 OF 2022** ## **PETITIONER:** **TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR POST, THIRUVANANTHAPURAM,REP. BY IT'S SECRETARY, PIN – 695003.** **BY ADV G.SANTHOSH KUMAR (P).** ## **RESPONDENTS:** - **1 DEPUTY EXAMINER FOR LOCAL FUND AUDIT KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, TRAVANCORE DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003** - **2 VRISCHIKA THIRUVONA TRUST, REP. BY ITS CONVENER, GP.CAPT. (RTD.) M.VENUGOPALAN HARIVARSHAM, THURAVOOR P.O., ALAPPUZHA, PIN - 688532** - **3* SREEKUMAR, S/O. SREEDHARAN PILLAI, SREE BHAVAN, THURAVOOR P.O., CHERTHALA, ALAPPUZHA. *R3 IMPLEADED AS PER THE ORDER DATED 04.04.2023 IN I.A.NO.1 OF 2023.** **BY ADVS.** **R1 BY SRI.S.RAJMOHAN, SR.GOVERNMENT R2 BY M.P MADHAVANKUTTY** 2 ## D.B.A.No.9 of 2022 **R2 BY MATHEW DEVASSI** **R2 BY ANANTHAKRISHNAN A. KARTHA** **R2 BY REMYA M. MENON** **R2 BY ANOOP SATHYAN** **R3 BY B.PRAMOD** **R3 BY BIJU VIGNESWAR** **R3 BY AYYAPPADAS V** **THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR FINAL HEARING ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 D.B.A.No.9 of 2022 ## **O R D E R** ## P.G. Ajithkumar, J. This D.B.A is filed by The Travancore Devaswom Board seeking permission to complete the renovation/reconstruction works of three Sreekovils of Durga, Sasthavu and Yakshi at Thuravoor Mahakshetram within a time frame to be fixed by this Court with the assistance of the 2[nd] respondent Vrischika Thiruvona Trust The Board submits that a committee was constituted by this Court as per the order dated 07.05.2021 in W.P.(C)No.10868 of 2021, which was later modified by the order dated 12.08.2021 in R.P.No.448 of 2021. The work is therefore proposed to be undertaken under the supervision of the said committee. 2. Heard the learned Senior Government Pleader, the learned Standing Counsel for the Travancore Devaswom Board, the learned counsel for the 2nd respondent-trust and also the learned counsel appearing for the 3rd respondent. 3. As per the order dated 12.09.2018 in D.B.P. No. 33 of 2018 this Court directed the Travancore Devaswom Board 4 D.B.A.No.9 of 2022 was directed to complete the renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram within a period of six months. Later, as per the judgement in W.P.(C) No.10868 of 2021 the Travancore Devaswom Board was directed to complete the work within one year with the assistance of Thuravoor Mahakshetra Samithi. That judgement was reviewed in the order dated 12.08.2021 in R.P.No.448 of 2021 and an elevenmember Committee was constituted to undertake the work. It is in that context the Travancore Devaswom Board approached this Court by filing D.B.A.No.9 of 2022 seeking permission to complete the renovation/reconstruction works with the assistance of the 2nd respondent-Vrischika Thiruvona Trust. 4. It was pointed out that there were allegations against Thuravoor Mahadeva Bhakthajana Samithi and the learned Ombudsman had taken cognizance of the dubious and anti-Temple activities of the Bhakthajana Samithi. After considering such contentions, this Court had reconstituted the 5 D.B.A.No.9 of 2022 ad hoc committee. However, the Secretary of the Thuravoor Mahakshetra Bhakthajana Samithi was retained as a member of the said committee. In that context, the Travancore Devaswom Board filed D.B.A.No.9 of 2022 to accord permission to undertake the said work, through the said _ad hoc_ committee constituted as per the orders of this Court. Now, a Temple Advisory Committee has been constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 in Thuravoor Mahakshethram. The order constituting the present Temple Advisory Committee was issued on 19.09.2022. 5. When this matter came up for consideration on 14.02.2023, along with connected cases the learned counsel appearing for the petitioners in W.P.(C) Nos.4487 of 2019 and 22291 of 2021 submitted that when there is a statutorily constituted Temple Advisory Committee, it is inappropriate to allow to another committee to involve in the affairs of the Temple. Travancore Devaswom Board, however, approached this Court with this application to grant permission to 6 D.B.A.No.9 of 2022 undertake the work through the said _ad hoc_ committee with the assistance of the 2nd respondent, Vrischika Thiruvona Trust. 6. After hearing both sides, this Court held that in the light of the law laid down in **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** a detailed deliberation is required to decide whether it is legal and appropriate to undertake the work under the supervision of the said _ad hoc_ committee. We also observed that other questions concerning the work of renovation/ reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram raised by the parties concerned including the 1st respondent, Local Fund Audit are to be resolved before commencing the work. Accordingly, we directed the Travancore Devaswom Board and its officials not to commence or carry out the renovation/reconstruction without obtaining permission from this Court. Paragraphs 11 to 14 and the last paragraph of the order dated 14.02.2023 are as follows:- 7 D.B.A.No.9 of 2022 “W.P.(C)No.4847 of 2019, filed by Thuravoor Mahakshetra Upadeshaka Samithi is one seeking a writ of mandamus commanding respondents 1 to 3 to ensure that the 4[th] respondent Thuravoor Mahakshetra Bhakthajana Samithi hands over to the petitioner Thuravoor Mahakshethra Upadeshaka Samithi all the assets, valuables and properties which were created by it and also came into its possession, forthwith. The petitioner has also sought for a writ of mandamus commanding the 4[th] respondent Bhakthajana Samithi to handover the originals of Exts.P5 to P8 title deeds, i.e., sale deeds bearing Nos.263/I/2004, 461/2018, 489/I/2018 and gift deed bearing No.217/2011 of Kuthiyathodu Sub Registrar Office to the Upadeshaka Samithi and to put it in possession of the properties covered by those documents. The further reliefs sought for is a writ of mandamus commanding the 4[th] respondent Bhakthajana Samithi to hand over to the petitioner Upadeshaka Samithi the movables/valuables mentioned in Ext.P9 list; a writ of mandamus commanding the 4[th] respondent Bhakthajana Samithi to pay to the petitioner Upadeshaka Samithi the entire amounts available in the accounts in the banks mentioned in Ext.P11 list on the date of Ext.P3 order in DBP No.52 of 2018; and a writ of mandamus commanding the 4[th] respondent 8 D.B.A.No.9 of 2022 Bhakthajana Samithi not to use the phrase 'Thuravoor Mahakshetram' as part of its name. 1.1. On 18.02.2019, when W.P.(C)No.4847 of 2019, came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 3. Urgent notice by special messenger was ordered to the 4[th] respondent. 1.2. Respondents 1 and 2 filed a counter affidavit dated 15.05.2019 producing therewith Exts.R1(a) to R1(c) documents. The 4[th] respondent Bhakthajana Samithi has filed a counter affidavit dated 01.06.2019. Along with I.A.No.2 of 2019, respondents 1 and 2 have placed on record Exts.R1(d) to R1(f) documents. Along with I.A.No.1 of 2020, the petitioner has placed on record Exts.P14 to P15 documents. Respondents 1 and 2 have filed another counter affidavit dated 30.01.2020 producing therewith Ext.R1(g) proceedings dated 29.01.2020 of the Deputy Devaswom Commissioner dissolving the Temple Advisory Committee in Thuravoor Mahakshetram. The 4[th] respondent Bhakthajana Samithi has filed an additional counter affidavit dated 10.02.2020 producing therewith Exts.R4(a) to R4(d) documents. On 21.06.2022, along with I.A.No.1 of 2022, the petitioner Upadeshaka Samithi has placed on record Exts.P16 to P19 additional documents. 1.3. On 12.03.2019, when this Writ Petition came up for consideration, the learned counsel for the petitioner 9 D.B.A.No.9 of 2022 submitted that a fresh election has taken place and the Temple Advisory Committee took charge, and that the 4[th] respondent Bhakthajana Samithi has been trying to alienate the property. The learned counsel for the 4[th] respondent Bhakthajana Samithi submitted that the said Samithi being a charitable trust, there is no such intention to alienate any of the properties. The aforesaid submission made on behalf of the Bhakthajana Samithi was recorded. 1.4. On 04.04.2022, when this Writ Petition came up for consideration, during the course of arguments, on a query made by this Court, the learned counsel for the 4[th] respondent Bhakthajana Samithi submitted that the said Samithi acquired properties covered by Exts.P5 to P7 after collecting money from the devotees and availing loan. The property covered by Ext.P8 is one dedicated by Smt.Gouriamma to the 4[th] respondent Bhakthajana Samithi, subject to the restrictions contained therein. 2. In W..P.(C)No.4847 of 2019 and connected matters, we have passed various orders during the Annual Temple Festival of the year 2021 and also during the year 2022. 3. W.P.(C)No.22291 of 2021 is one filed by Sri.R.Siva Prasad, who is a devotee of Thuravoor Mahakshetram seeking a writ of certiorari to quash Ext.P14 order dated 04.10.2021 of the Assistant 10 D.B.A.No.9 of 2022 Devaswom Commissioner forming a festival committee for conducting annual festival in the said temple in the year 2021. In the said Writ Petition, the petitioner has also sought for an order directing the 4[th] respondent Bhakthajana Samithi not to hold any meeting or conduct election including the one proposed to be conducted vide Ext.P12 notification dated 29.09.2021 and Ext.P13 notification dated 30.09.2021; a writ of mandamus commanding respondents 1 to 3 to ensure that the 4[th] respondent Bhakthajana Samithi does not interfere in the affairs of the Thuravoor Mahakshetram; a writ of mandamus commanding the 5[th] respondent District Registrar, Alappuzha to take up Ext.P9 application dated 29.03.2019 and to cancel the registration of the 4[th] respondent Bhakthajana Samithi. 3.1. In the said Writ Petition, we have passed a detailed order dated 30.10.2021, which was followed by various orders regarding the conduct of the annual festival at Thuravoor Mahakshetram for the year 2021 and also for the year 2022. 4. Contempt Case(c) No.2032 of 2021 is one filed by the petitioner in W.P.(C)No.22291 of 2021 against the Administrative Officer of Thuravoor Mahakshetram alleging willful disobedience of the orders dated 20.10.2021, 21.10.2021 and 27.10.2021 in W.P. (C)No.22291 of 2021. 5. D.B.A.No.9 of 2022 wss filed by The Travancore 11 D.B.A.No.9 of 2022 Devaswom Board seeking to permit the Board to complete the renovation/reconstruction works of three Sreekovils of Durga, Sasthavu and Yakshi at Thuravoor Mahakshetram with the assistance of the 2[nd] respondent Vrischika Thiruvona Trust and with the supervision of the committee constituted as per the order dated 07.05.2021 in W.P.(C)No.10868 of 2021 subject to the modification in the order dated 12.08.2021 in R.P.No.448 of 2021, within a time frame to be fixed by this Court. 6. D.B.P.No.62 of 2022 was initiated suo motu on the basis of a complaint submitted by a devotee pointing out various issues in connection with the annual festival in Thuravoor Mahakshetram scheduled to be commenced from 17.10.2022. The complaints were mainly regarding the auction of right to conduct various stalls and also other rights scheduled during the period of the festival. In that D.B.P., this Court has issued various orders regarding the conduct of auction and also other issues relating to the Temple Festival. 7. Heard the learned Senior Government Pleader, the learned Standing Counsel for the Travancore Devaswom Board, the learned Senior Counsel/learned counsel appearing for the respective petitioners in Writ Petitions, the learned counsel for Thuravoor Bhakthajana Samithi and the Temple Advisory Committee, and also the learned counsel for the 2nd 12 D.B.A.No.9 of 2022 respondent in D.B.A.No.9 of 2022. 8. As per the order dated 12.9.2018 in D.B.P. No. 33 of 2018 this Court directed the Travancore Devaswom Board to complete renovation/ reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram within a period of six months. W.P(c) No. 10868 of 1021 was disposed of by directing the Travancore Devaswom Board to complete the work within one year with the assistance of Thuravoor Mahakshetra Samithi. That judgement was reviewed in the order dated 12.8.2021 and an eleven member Committee was constituted to undertake the work and former Judge of this Court Justice K.Padmanabhan Nair was requested to supervise the work. It is in that context the Travancore Devaswom Board approached this Court by filing D.B.A No. 9 of 2022 seeking permission to complete the renovation/reconstruction works with the assistance of the 2nd respondent in D.B.A.No.9 of 2022 Vrischika Thiruvona Trust, which is under consideration of this Court. 9. The learned counsel appearing for the petitioners in W.P.(C) No.4847 of 2019 and the learned counsel appearing for the 2nd respondent in D.B.A.No.9 of 2022 would submit that the work for the renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in Thuravoor Mahakshetram was 13 D.B.A.No.9 of 2022 commenced at the instance of the Travancore Devaswom Board. The learned Standing Counsel for the Travancore Devaswom Board, in answer to a query from the Court, submitted that ground clearance in the prelude to the work in question alone is being done. 10. The learned Senior Government Pleader would submit that D.B.A No. 9 of 2023 was filed by the Travancore Devaswom Board without first approaching the learned Ombudsman by placing the estimate and relevant materials concerning the work and the mode of undertaking the work. The submission of the learned counsel appearing for the petitioner in W.P.(C) No.4847 of 2019 is that despite constitution of a Temple Advisory Committee in terms of the statutory provisions, the work is proposed to be undertaken by a different committee for which the Travancore Devaswom Board does not have any statutory authority. In that context, the law laid down in **Sunil** **Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** is placed reliance on. 11. In that decision this Court considered the legality of the constitution of _ad hoc_ committees in Temples under the management of the Travancore Devaswom Board in the light of the provisions of the Rules framed under Section 31(3) of the Travancore-Cochin Religious Institutions Act, 1950 for the formation of Temple 14 D.B.A.No.9 of 2022 Advisory Committees, which was Ext.P1 in that case. This Court held, “43. A reading of the provisions under Clause (21) of Ext.P1 Rules make it explicitly clear that the said provisions can be invoked only in the case of a temple in which there is any practical difficulty for the formation of a Temple Advisory Committee, in which event, the 1st respondent Board is vested with the power to approve any other committee functioning in that temple, considering the special circumstances prevailing in that temple. The provisions under Clause (21) would not enable the 1st respondent Board or the 2nd respondent Commissioner to approve an Ad-hoc Committee, in the place of a Temple Advisory Committee, for the purpose of undertaking construction or repair or renovation work in a temple.” 12. We have perused the Judges' papers in R.P.No.448 of 2021 in W.P(c) No. 10868 of 1021. R.P.No.448 of 2021 was filed by a third party pointing out that there were allegations against Thuravoor Mahadeva Bhakthajana Samithi and the learned Ombudsman had taken cognizance of the dubious and anti-Temple activities of the Bhakthajana Samithi. After considering such contentions, this Court had reconstituted the _ad hoc_ committee. The Secretary of the Thuravoor Mahakshetra Bhakthajana Samithi was 15 D.B.A.No.9 of 2022 retained as a member of the said committee. Now the request of the Travancore Devaswom Board in D.B.A.No.9 of 2022 is to accord permission to undertake the said work, through the said _ad hoc_ committee constituted as per the orders of this Court. 13. A Temple Advisory Committee has been constituted under Section 31A of the TravancoreCochin Hindu Religious Institutions Act in Thuravoor Mahakshethram. The order constituting the present Temple Advisory Committee was issued on 19.09.2022, and the said committee had conducted the annual festival in Thuravoor Mahakshetram in the year 2022. Before constitution of that committee, orders constituting the _ad hoc_ committee was issued in W.P.(C) No.10868 of 2021 for undertaking the construction of three Sreekovils of Durga, Sasthavu and Yekshi, in Thuravoor Mahakshetram. Now, the contention of the petitioners in W.P.(C) Nos.4487 of 2019 and 22291 of 2021 is that when there is a statutorily constituted Temple Advisory Committee, it is inappropriate to allow another committee to involve in the affairs of the Temple. The Travancore Devaswom Board, however, approached this Court with an application in D.B.A.No.9 of 2022 to grant permission to undertake the work through the said _ad hoc_ committee with the assistance of the 2nd respondent, Vrischika Thiruvona Trust. The learned 16 D.B.A.No.9 of 2022 Senior Government Pleader pointed out that the Learned Ombudsman is yet to vet the said work and the 1st respondent Local Fund Audit did not get an opportunity to check financial propriety and related matters of the work. The larger question whether a private trust like the 2nd respondent Vrischika Thiruvona Trust can be allowed to undertake the work is also to be appropriately addressed. 14. In the light of the law laid down in **Sunil Kumar C.** (supra) it has to be decided whether it is legal and appropriate to undertake the work under the supervision of the said _ad hoc_ committee. Similarly, the other questions mentioned hereinbefore concerning the work of renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram raised by the parties, including the 1st respondent, Local Fund Audit are to be resolved before according permission to commence the work. In such circumstances, we direct the Travancore Devaswom Board and its officials not to commence or carry out the renovation/reconstruction of three Sreekovils of Durga, Sasthavu and Yekshi in Thuravoor Mahakshethram without obtaining permission from this Court.” 7. When this matter along with the connected cases came up for consideration on 24.03.2023, the learned 17 D.B.A.No.9 of 2022 Standing Counsel for the Travancore Devaswom Board submitted that the question as to whether the construction/reconstruction work in question could be undertaken directly by the Maramath Wing of the Travancore Devaswom Board was under consideration of the Board. It was submitted that the Board would be considering the matter in its meeting held on 28.03.2023. 8. The learned counsel appearing for the 2nd respondent-Trust submitted that the intention of the said Trust was only to ensure the construction/reconstruction of the three Sreekovils in a proper manner utilising the funds being provided by the Trust. The applicant, the Travancore Devaswom Board on 31.03.2023 filed I.A.No.5 of 2022 producing therewith order of the Travancore Devaswom Board dated 30.03.2023 as Annexure A4. Relevant portion and the orders of the Devaswom Board in Annexure A4 are extracted below:- "ട� ന�ർമ�ണ പ�വ�ത�കൾ സ�ബന�ച� DBA No.12022 അപ�കയ�ൽ ബഹ�. ഡ�വ�ഷൻ ബബഞ� ട� ന�ർമ�ണ പ�വ�ത�കൾ പബ�ർഡ� പനര�പ#� അല�ത �ക� ന�ല 18 D.B.A.No.9 of 2022 വ�ല�ള ഉ�പ(ശകസമ�ത� മ�പ,നപയ� ബ-യ�നത� സ�ബന�ച� അഭ�പ��യ� ആര�ഞ�#� ളത�� 24/03/2023-ൽ ട� പകസ� �ര�ഗണ�ചപ4�ൾ ട� വർക� പബ�ർഡ� മര�മത� വ�ഭ�ഗ� മ�പ,ന ബ-യ�നത�ന�ള സനദത 31.03.2023-ന� മ�മ�യ� അറ�യ�കണബമന�� ട� പ�വ�ത�കൾ പ(വസ9� പബ�ർഡ� പനര�#� ബ-യ�ന �ക� ട� സ�ഗത�യ�പ:ൽ ആവശ;മ�യ സഹ�യ� വ�ശ�ക ത�ര�പവ�ണ പടസ� നൽക�ബമന� അറ�യ�ച�#�ളത�ബണന�� വ�വര�ച� സ�ന�റ��ഗ� ക>ൺസൽ ജ�.സപA�ഷ� ക�മ�റ�ന�ബറ കത� ലഭ�ച�. (�ര�മർശ� 5). പ�സC�ത റ�പ4�ർ#� പബ�ർഡ� വ�ശ(മ�യ� -ർച ബ-യC� -�വബട . വ�വര�ക�ന തEര�മ�ന� കകബക�ണ� ## ഉതരവ കവക� പഗH4�ൽബ4# ത�റവHർ മഹ�പ(വപകപതത�ബല നവEകരണ പ�വ�ത�കള�ബട ഭ�ഗമ�യ� യക�യമ, (�ർഗ�പ(വ�, ശ�സC�വ� എനE പശEപക�വ�ല�കള�ബട ��നർ ന�ർമ�ണ പ�വ�ത�കൾ പ(വസ9� മര�മത� ഉപ(;�ഗസര�ബട പമൽപന�#ത�ൽ ബ-യ�നത�ന� വ�ശ�ക ത�ര�പവ�ണ പടസ� സനദബമങ�ൽ ന�യമ�ന�സ�തമ�യ എപഗ�ബമന�റ� വച� ആയത� �HർതEക ര�ക�വ�നത�ണ�. അല�ത �ക� ട� സ�പ��ൺസർ ത�ക ഡ�4�ർ#�ബമന�റ�ൽ ഒട�ക� വര�ത� മര�മത� വ�ഭ�ഗത�ന�ബറ -�മതലയ�ൽ ന�യമ�ന�സ�ത നട�ട�കൾ സ9Eകര�ച� ന�ർമ�ണ പ�വ�ത�കൾ �HർതEകര�ക�നത�ന� പബ�ർഡ� സനദമ�ബണന�� ട� പ�വ�ത� കൾ ട� പ(വസ9� ഉ�പ(ശകസമ�ത� മ�,ന ബ-യ�നത� ഉ-�തമബലന�� പബ�ർഡ� തEര�മ� ന�ച� ഉതരവ�ക�ന�.” 19 D.B.A.No.9 of 2022 9. When the Travancore Devaswom Board has come forward to undertake the renovation/reconstruction work of three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor Mahakshetram directly through its Maramath Wing, there need not be any hesitation to grant permission for it. We are of the view that it would be ideal if the work concerning Temples under the Devaswom Board are undertaken by the Devaswom Board directly. The Board has a well-knit Maramath Wing. When the Maramath Wing directly undertakes the work by avoiding intermediaries, that would certainly ensure transparency and efficiency in carrying out the work. In this case, there has been a dispute as to who is the best eligible to carry out the work; whether the _ad hoc_ committee, the Temple Advisory Committee or through any other agency. Now the Travancore Devaswom Board is prepared to undertake the work; provided the 2 nd respondentTrust makes payment of the funds to the Board. 10. As pointed out above, the learned counsel appearing for the 2nd respondent-Trust submitted on 20 D.B.A.No.9 of 2022 24.03.2023 that the Trust wanted to ensure the construction/reconstruction is done in a proper manner. Today, the learned counsel for the 2nd respondent-Trust would submit that the Trust is prepared to provide the fund, if the work is undertaken by the Travancore Devaswom Board directly. We are of the view that in the light of Annexure A4 order of the Travancore Devaswom Board, permission can be accorded for undertaking the renovation/reconstruction work of the three Sreekovils in the Thuravoor Mahakshetram by the Travancore Devaswom Board directly, through its Maramath Wing, utilising the funds provided by the 2nd respondent-Trust. Needless to say that such work shall be carried out under the strict supervision of the officials of the Maramath Wing and guidance of the Vastu experts of the Board/Temple, and that the entire work shall be subject to audit. 11. This D.B.A. is accordingly disposed of and the Travancore Devaswom Board is accorded permission to undertake the renovation/reconstruction work of the three Sreekovils of Durga, Sasthavu and Yekshi in the Thuravoor 21 D.B.A.No.9 of 2022 Mahakshetram directly, through its Maramath Wing utilising the funds provided by the 2nd respondent-Vrischika Thiruvona Trust. The works shall be carried out under the strict supervision of the officials of the Maramath Wing of the Travancore Devaswom Board and guidance of the Vasthu experts of the Board/Temple. The entire work shall be subject to audit. **Sd/ANIL K. NARENDRAN, JUDGE Sd/-** **P.G. AJITHKUMAR, JUDGE** dkr 22 D.B.A.No.9 of 2022 ## **APPENDIX OF DBA 9/2022** ## **PETITIONER ANNEXURES** **AnnexureA1 TRUE COPY OF THE JUDGMENT DATED 07/05/2021 IN W.P.(C) NO.10868/2021 OF THIS HON'BLE COURT. Annexure-A2 TRUE COPY OF THE ORDER DATED 12/08/2021 IN R.P.NO.448/2021 OF THIS HON'BLE COURT. Annexure-A3 TRUE COPY OF THE ORDER NO. ROC.5723/21M DATED 03/09/2022 PASSED BY THE TRAVANCORE DEVASWOM BOARD. Annexure-A4 True copy of the proceedings No.ROC/5723/21/M dated 30/03/2023 of the Travancore Devaswom Board.** ## **RESPONDENT EXHIBITS** - **EXHIBIT R2(A) A TRUE COPY OF THE CERTIFICATE ISSUED FROM THE SOUTH INDIAN BANK, THURAVOOR BRANCH DATED 13.12.2022** - **EXHIBIT R2 (B) A TRUE COPY OF THE LETTER DATED 17.02.2022 BEARING ROC NO. 654/21/M ISSUED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD TO THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD** - **Annexure R -(3a) TRUE COPY OF THE INTERIM ORDER DATED 21.10.2021 IN W.P.(C) NO.22291/2021** - **Annexure R-(3b) TRUE COPY OF THE INTERIM ORDER DATED 27.10.2021 IN W.P.(C) NO.22291/2021** - **Annexure R-(3c) TRUE COPY OF THE REPORT DATED 11.11.2021 WITHOUT THE ANNEXURES MARKED THEREIN FILED BY THE ADVOCATE** 23 D.B.A.No.9 of 2022 **COMMISSIONER DESCRIBING THE OFFENDING CONDUCT OF THIS SREENI (MORE SPECIFICALLY IN PARA NOS.10 & 11 OF THE REPORT)** - **Annexure R2 (c) A TRUE COPY OF THE NEWS ITEM WITH REGARD TO THURAVOOR MAHA KSHETRAM RENOVATION APPEARED IN MATHRUBHUMI DAILY DATED 29.01.2023** - **Annexure R2 (d) A TRUE COPY OF THE NEWS ITEM REGARDING THE RENOVATION WORKS AT THURAVOOR MAHA KSHETRAM WHICH APPEARED IN KERALA KAUMUDI DAILY DATED 29.01.2023** - **Annexure R2 (e) A TRUE COPY OF THE NEWS ITEM REGARDING RENOVATION OF THURAVOOR MAHA KSHETRAM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 29.01.2023** - **Annexure R2 (f) THE TRUE COPY OF THE PHOTOGRAPHS SHOWING ACTIVE PARTICIPATION OF PRESENT TEMPLE ADVISORY COMMITTEE MEMBERS IN THE UNAUTHORIZED RENOVATION WORKS CARRIED OUT UNDER THE LEADERSHIP OF THE BHAKTHA JANA SAMITHY PRESIDENT** **Annexure R2(g)** - **THE TRUE COPY OF THE PHOTOGRAPHS SHOWING ACTIVE PARTICIPATION OF PRESENT TEMPLE ADVISORY COMMITTEE MEMBERS IN THE UNAUTHORIZED RENOVATION WORKS CARRIED OUT UNDER THE LEADERSHIP OF THE BHAKTHA JANA SAMITHY PRESIDENT** **Annexure R2(h)** - **THE TRUE COPY OF THE PHOTOGRAPHS SHOWING ACTIVE PARTICIPATION OF PRESENT TEMPLE ADVISORY COMMITTEE MEMBERS IN THE UNAUTHORIZED RENOVATION WORKS CARRIED OUT UNDER THE LEADERSHIP OF THE BHAKTHA JANA SAMITHY PRESIDENT** 24 D.B.A.No.9 of 2022 - **Annexure R2(i)** **Annexure R2(j)** **Annexure R2(k)** - **Annexure R2(l)** - **THE TRUE COPY OF THE PHOTOGRAPHS SHOWING ACTIVE PARTICIPATION OF PRESENT TEMPLE ADVISORY COMMITTEE MEMBERS IN THE UNAUTHORIZED RENOVATION WORKS CARRIED OUT UNDER THE LEADERSHIP OF THE BHAKTHA JANA SAMITHY PRESIDENT** - **THE TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 04.02.2023** - **THE BILL FROM SAJEEV TAXI HOUSE DATED 08.03.2023 REGARDING THE BILLS ISSUED ON VARIOUS DATES FROM 15.10.2022 TILL 26.10.2022** - **A TRUE COPY OF THE BILL OUTSTANDING TO SHREE GRAPHICS DATED 28.10.2022**