V. Jayachandran and Ashok Kumar K.R. v. Travancore Devaswom Board and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` TUESDAY, THE 21[ST] DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 WP(C)NO.37653 OF 2023 ``` ## **`PETITIONERS:`** - **`1 V. JAYACHANDRAN AGED 50 YEARS S/O. K. VASUDEVAN PILLAI, KOTTETH HOUSE, THONNALLOOR, PANDALAM P.O., PATHANAMTHITTA, PIN - 689501`** - **`2 ASHOK KUMAR K.R. AGED 52 YEARS, S/O. K.P. KRISHNA PILLAI, PANARAMUKUDIYIL, KADAKKAD, PANDALAM P.O., PATHANAMTHITTA, PIN - 689501`** ``` BY ADVS.P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.) ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`2 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP, ARANMULA P.O., PATHANAMTHITTA, PIN - 689533`** - **`3 THE ADMINISTRATIVE OFFICER TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP, VALIYAKOYIKKAL TEMPLE, PANDALAM P.O., PATHANAMTHITTA, PIN - 689501`** 2 W.P.(C)NO.37653 of 2023 |**`4`**|**`PANDALAM MUNICIPALITY`**| |---|---| ||**`REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,`**| ||**`PANDALAM P.O., PATHANAMTHITTA, PIN - 689501`**| |**`5`**|**`THE ASSISTANT ENGINEER`**| ||**`PANDALAM MUNICIPALITY, MUNICIPAL OFFICE, PANDALAM`**| ||**`P.O., PATHANAMTHITTA, PIN - 689501`**| ``` R BY SRI G.BIJU - STANDING COUNSEL- TDB SMT T.S MAYA - STANDING COUNSEL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)NO.37653 of 2023 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are the members of Mandalam Bhakthajana Sangham of Pandalam Valiyakoyikkal Temple, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notice dated 01.11.2023 issued by the 5[th] respondent Assistant Engineer of the 4[th] respondent Pandalam Municipality. The petitioners have also sought for a writ of mandamus commanding the 3[rd] respondent Administrative Officer, Pandalam Valiyakoyikkal Temple to consider and take appropriate action on Ext.P4 representation dated 08.11.2023, and prevent the partitioning of the hall at the second floor of the Annadana Mandapam of Pandalam Valiyakoyikkal Temple. 2. In the writ petition, it is averred that Pandalam Valiyakoyikkal Temple is a place where the holy ornaments of Lord Ayyappa are kept, which are being taken to Sabarimala during Mandala-Makaravilakku festival season. The Travancore Devaswom Board constructed an Annadana Mandapam consisting of two floors in the premises of the said temple. The ground floor is used for car parking, the first floor is used for Annadanam and the second floor is used as a temporary resting 4 W.P.(C)NO.37653 of 2023 place for the devotees. According to the petitioners, the Kuthaka right to provide temporary accommodation to Sabarimala pilgrims on the second floor of the Annadana Mandapam was auctioned by the Travancore Devaswom Board with a condition that the bidder can collect Rs.30/- from each pilgrim. The 4[th] respondent Municipality participated in the tender and their tender was accepted on 06.11.2023. Even before that, the 5[th] respondent Assistant Engineer of the Municipality issued a quotation notification dated 01.11.2023, inviting quotations for partitioning the second floor of the Annadana Mandapam and other buildings. The 5[th] respondent has no such right and he can use the building only for the purpose for which the same was bid in the auction. Though the petitioner submitted an objection against the same before the 3[rd] respondent Administrative Officer, no action has been taken. 3. On 15.11.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board submitted that there is a Temple Advisory Committee in Pandalam Valiyakoyikkal Temple, constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. The petitioners are not members of that Committee and they are the members of another Samithi, 5 W.P.(C)NO.37653 of 2023 namely, Mandalam Bhakthajana Sangham of Pandalam Valiyakoyikkal Temple. The respective Standing Counsel for Travancore Devaswom Board and Pandalam Municipality sought time to get instructions and accordingly, the matter was adjourned to 16.11.2023. 4. A counter affidavit has been filed by respondents 4 and 5 opposing the reliefs sought for in this writ petition. Paragraphs 3 to 6 of that counter affidavit read thus; “3) The Valiya Koyickal Temple and its surroundings are situated in the heart of Pandalam Municipality. As it has done in the past, during this Mandalamakalam also to facilitate the devotees to visit the temple freely and without any other difficulties, the Government entrusted these respondents to coordinate various departments, facilities for them, the services and facilities of the officials assigned to the duty etc. Valiyakoikal Devaswom Boards Administrative Officer has issued a letter dated 25.10.2023 No. 293 to the 4[th] respondent for renting the Devaswom Board building. The letter dated 25.10.2023 produced here may be marked as EXHIBIT R4[a]. It is specifically stated in the letter that it is not possible to provide the ground floor as the 1[st] respondent did in the previous year, instead, the first floor should have been provided. Apart from that the hall of the old building and the parking ground can also be provided. Accordingly, tenders were invited on 25.10.2023, these respondents auctioned the premises for Rs.3,65,800/- including GST. 4) It is specifically stated in Ext.R4[a] letter that these 6 W.P.(C)NO.37653 of 2023 respondents provide accommodation for the "Fire Force" and for "Vishudhasena Members" from the auctioned space and the rest of the place can be provided to the devotees for "Virivakkan". Even though the tender condition specifically stated that the space could be given to the devotees by charging a fee of Rs.30/- per "viri" only for the convenience of the devotees the Council of the Pandalam Municipality decided to give the space for the devotees without payment. A true copy of the decision in this regard taken by the Council of Pandalam Municipality dated 28.10.2023 produced here may be marked as EXHIBIT R4[b]. As per the demand of the various essential departments like the Medical Department, Fire and Rescue Department, Vishudhasena members, the Assistant Engineer has been appointed by the Municipality to construct a shed for the Fire and Rescue Department to park their vehicle, to construct information center, and also to construct temporary arrangements for dress changing for the lady devotees. 5) It is submitted that the total area of the first floor of the Devaswom Board building is 9,500 sq.ft. From that total area, 1,450 sq.ft. at its western side is provided to both the Fire and Rescue Department and Vishudhasena and the balance 8,050 sq.ft. is provided for the devotees for "Virivakkan". Temporary partition is done to separate the essential departments from the public. The partition has been done as per the decision taken by the Municipal Council on 04.10.2023. A true copy of the decision taken by the Pandalam Municipality Council dated 04.10.2023 produced here may be marked as EXHIBIT R4[c]. The photographs, two in number, of the temporary separation 7 W.P.(C)NO.37653 of 2023 arrangements made by these respondents are produced herewith, which may be marked as EXHIBIT R4[d]. 6) On 16.11.2023, when these respondents tried to complete the temporary panel work in a hectic manner the 1[st] petitioner obstructed the work and tried to demolish the installed temporary panel. Then the 4[th] respondent and Municipal Chairperson filed complaints before the Pandalam Police Station. The police intervened in the matter and only after that the work was completed. True copies of the complaints given by the 4[th] respondent and Municipal Chairperson dated 16.11.2023 produced here may be marked as EXHIBIT R4[e].” 5. The document marked as Exts.R4(d) in the counter affidavit filed by respondents 4 and 5 is the photographs showing the partition made on the second floor of the Annadana Mandapam, in order to accommodate the officers of the Fire and Rescue Department and also the members of ‘Vishudhasena’. The said photographs are reproduced hereunder; **==> picture [283 x 187] intentionally omitted <==** 8 W.P.(C)NO.37653 of 2023 **==> picture [306 x 171] intentionally omitted <==** 6. Today, when this matter is taken up for consideration, along with I.A.No.2 of 2023, the petitioners have placed on record Ext.P5 photographs of two adjacent buildings, which were earlier used for accommodating the Sabarimala pilgrims. They have also filed I.A.No.1 of 2023 seeking an order directing the 4[th] respondent Administrative Officer to use the space meant for the devotees in the second floor of Annadana Mandapam exclusively for the devotees, without making any separation or partition, pending disposal of this writ petition. 7. Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3 and also the learned Standing Counsel for Pandalam Municipality for respondents 4 and 5. 8. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and 9 W.P.(C)NO.37653 of 2023 unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. 9. 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. 10. Section 31 of the Act deals with management of Devaswoms. 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. 10 W.P.(C)NO.37653 of 2023 11. 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 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. 12. 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 11 W.P.(C)NO.37653 of 2023 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 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 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. The law laid down in the said decision was reiterated in **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** . 13. As already noticed in the order of this Court dated 15.11.2023, there is a Temple Advisory Committee in Pandalam Valiyakoyikkal Temple, constituted under the provisions of the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act. The 12 W.P.(C)NO.37653 of 2023 petitioners are stated to be the members of the ‘Mandalam Bhakthajana Sangham of Pandalam Valiyakoyikkal Temple’. In terms of the directions issued by this Court in **Suo Motu v. State of Kerala and others [2022 SCC OnLine Ker 5802]** the Temple Advisory Committees of those temples, which are identified as Sabarimala Edathavalams and also other temples, which are identified by the Travancore Devaswom Board to provide facilities to Sabarimala Pilgrims during MandalaMakaravilakku festival season, have a statutory duty to render necessary assistance to the concerned Sub Group Officer/ Devaswom Officer in providing proper facilities to Sabarimala pilgrims, in the respective temples. A Samithi or Sangam like ‘Mandalam Bhakthajana Sangham of Pandalam Valiyakoyikkal Temple’ have no role in such matters. ## 14. In **Suneesh K.S. v. Travancore Devaswom Board** **[ILR 2022 (1) Ker. 1091]** a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that the traders, who are successful bidders of various Kuthaka items in the temples under the management of Travancore Devaswom Board, shall not be permitted to exhibit in front of their stall either the name of Travancore Devaswom Board or the name of the deity or temple. 13 W.P.(C)NO.37653 of 2023 15. In view of the provisions under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act and that contained in the Rules (Bye-laws) framed under sub-section (3) of Section 31A for the constitution of Temple Advisory Committee in temples under the Management of the Travancore Devaswom Board, the name of the temple or the deity cannot be permitted to be used by a Samithi or Sangam like the Bhakthajana Sangham in which the petitioners are members. It is for the Travancore Devaswom Board to take necessary steps to prevent the misuse of the name of the temples under its management by a committee other than the Temple Advisory Committee of that temple. 16. The Kuthaka right to provide temporary accommodation to Sabarimala pilgrims on the second floor of the Annadana Mandapam of Pandalam Valiyakoyikkal Temple was auctioned by the Travancore Devaswom Board with a condition that the bidder can collect Rs.30/- from each pilgrim. The 4[th] respondent Municipality participated in the tender and their tender was accepted on 06.11.2023. The Municipality invited quotations for partitioning the second floor of the Annadana Mandapam. According to the petitioners, the 4[th] respondent Municipality has no such right. The use of the entire building can 14 W.P.(C)NO.37653 of 2023 only be for the purpose for which it was bid in the auction. 17. From the counter affidavit filed by respondents 4 and 5, we notice that the partitioning of the Annadana Mandapam is made for the purpose of accommodating Fire and Rescue personnel deployed at Pandalam for the safety of Sabarimala pilgrims, including aged women and children of tender age, who used to take bath in the nearby Achankovil River, and the members Vishudhasena deployed for cleaning activities during Mandala-Makaravilakku festival season. The total area on the first floor of the Devaswom Board building is 9,500 sq.ft., out of which 1450 sq.ft. at the western side is provided to Fire and Rescue Department and Vishudhasena and the balance 8,050 sq.ft. is provided for the devotees for "Viri". In such circumstances, we find absolutely no merits in the contentions advanced on behalf of the petitioners. The writ petition fails and the same is accordingly dismissed. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV 15 W.P.(C)NO.37653 of 2023 ## **`APPENDIX OF WP(C) 37653/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit-P1 TRUE COPY OF THE REPEATED TENDER NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 30-10-2023 Exhibit-P2 TRUE COPY OF THE TENDER CONDITIONS PUBLISHED BY THE 2ND RESPONDENT DATED 3-10-2023 ``` ``` Exhibit-P3 TRUE COPY OF THE QUOTATION NOTICE ISSUED BY THE 5TH RESPONDENT DATED 1-11-2023 ``` ``` Exhibit-P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS ALONG WITH OTHERS TO THE 3RD RESPONDENT DATED 8-11-2023 ``` ``` Exhibit P5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE TWO SEPARATE BUILDINGS ``` ``` RESPONDENT EXHIBITS ``` - **`EXHIBIT R-4[A] LETTER ISSUED BY THE TRAVANCORE DEVASWOM BOARD [VALIYAKOIKAL] ADMINISTRATIVE OFFICE TO THE 4TH RESPONDENT DATED 25-10-2023`** - **`EXHIBIT R-4[B] TRUE COPY OF THE DECISION TAKEN BY THE PANDALAM MUNICIPALITY COUNCIL DATED 28-102023`** - **`EXHIBIT R-4[C] TRUE COPY OF THE DECISIONS TAKEN BY THE PANDALAM MUNICIPALITY COUNCIL DATED 4-10-2023`** ``` EXHIBIT P-4[D] PHOTOGRAPHS 2 IN NUMBERS OF THE TEMPORARY SEPARATION ARRANGEMENTS DONE BY THE 4TH RESPONDENT ``` - **`EXHIBIT R-4[E] TRUE COPIES OF THE COMPLAINTS GIVEN BY THE 4TH RESPONDENT AND CHAIRPERSON BEFORE THE PANDALAM POLICE STATION DATED 16-11-2023`**