W.P.(C) No. 20753 of 2023 — Thrippapoor Major Sree Mahadevar Temple 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 P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 26[TH] DAY OF JULY 2023 / 4TH SRAVANA, 1945 W.P.(C)NO.20753 OF 2023 ``` ## **`PETITIONERS:`** - **`1 GOPAKUMAR.P, AGED 55 YEARS S/O PARAMESWARAN NAIR, KUNNIL VEEDU, THRIPADAPURAM KULATHUR.P.O,THIRUVANANTHAPURAM, PIN - 695583`** - **`2 ANIL KUMAR.M, AGED 47 YEARS S/O MURALEEDHARAN NAIR, VINITHA BHAVAN,THRIPADAPURAM KULATHUR.P.O, THIRUVANANTHAPURAM, PIN - 695583`** - **`3 VIKRAMAN NAIR, AGED 65 YEARS S/O GOPALA PILLAI, ASHA NIVAS,THRIPADAPURAM KULATHUR.P.O, THIRUVANANTHAPURAM, PIN - 695583`** - **`4 MOHANAKUMARAN NAIR, AGED 66 YEARS S/O SARASWATHI AMMA, SANGEETHA BHAVAN,THRIPADAPURAM KULATHUR.P.O, THIRUVANANTHAPURAM, PIN - 695583 BY ADV D.AJITHKUMAR`** ``` RESPONDENTS: ``` - **`1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`2 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`3 DEPUTY DEVASWOM COMMISSIONER OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM GROUP, FORT.P.O, THIRUVANANTHAPURAM, PIN - 695023`** - **`4 ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN - 695011`** - **`5 THE SUB GROUP OFFICER`** 2 W.P.(C)No.20753 of 2023 ``` THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN - 695011 ``` - **`6 TEMPLE ADVISORY COMMITTEE THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695011`** - **`7 P.RAKHAVAN PRESIDENT, THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN - 695011`** - **`8 K.RAJAN NAIR SECRETARY, THRIPPAPOOR MAJOR SREE MAHADEVAR TEMPLE, TRAVANCORE DEVASWOM BOARD, ULLOOR GROUP, ULLOOR.P.O, THIRUVANANTHAPURAM, PIN - 695011`** - **`9 *[VIGILANCE OFFICER], DEVASWOM HEAD QUARTERS, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM.695003 *[AS PER ORDER DATED 26.06.2023 IN WP(C) 20753/2023 THE DESCRIPTION OF THE R9 IS SUO MOTU CORRECTED AS "CHIEF VIGILANCE AND SECURITY OFFICER" INSTEAD OF "VIGILANCE OFFICER"], PIN - 695003`** ``` BY ADVS.G.RAJEEV AJITH KUMAR.S(K/1796/2020) ASWANI P.S.(K/1952/2020) NAVEEN RADHAKRISHNAN(K/000946/2010) JYOTHSNA G.J.(K/1712/2020) ARDRA MINI SATISH(K/3161/2022) NADEESHA P.S.(K/1027/2005) SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.20753 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who are the devotees of Thrippapoor Major Sree Mahadevar Temple, which is a temple under the management of the Travancore Devaswom Board, have filed this writ petition raising allegations against the 6[th] respondent Temple Advisory Committee of that temple, in which the 7[th] and 8[th] respondents are the President and Secretary respectively, seeking a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board to consider Ext.P14 representation dated 12.06.2023 in the light of Ext.P1 Rules regarding the formation of Temple Advisory Committees and Ext.P11 circular dated 01.08.2013 issued by the Finance and Accounts Officer of the Board and to take action forthwith. The petitioners have also sought for a writ of mandamus commanding the 9[th] respondent Chief Vigilance and Security Officer to consider Ext.P12 representation dated 12.06.2023 and to enquire into the matter forthwith. 2. In the writ petition, it is alleged that the 6[th] respondent Temple Advisory Committee of Thrippapoor Major Sree Mahadevar Temple is functioning without complying with the provisions contained in Ext.P1 Rules issued by the 1[st] respondent Travancore Devaswom Board regarding the formation of Temple Advisory 4 W.P.(C)No.20753 of 2023 Committees and Ext.P11 circular issued by the Finance and Accounts Officer of the Board. Respondents 7 and 8, who are the President and Secretary respectively of the Temple Advisory Committee, are collecting money from the public, in the name of the temple, without the permission of the Board. They have collected money from the public, in the name of the temple, by using fake receipts. Along with the writ petition, the petitioners have placed on record Exts.P2 to P9 receipts issued by the Temple Advisory Committee to the devotees, after collecting amounts ranging from Rs.1,000/- to Rs.20,000/-. There is misutilization and misappropriation of funds in the Temple Advisory Committee. Respondents 7 and 8 are undertaking many corrupt practices in the name of the Temple Advisory Committee. Moreover, respondents 7 and 8 issued Ext.P10 public notice for the collection of funds for 'Udayasthamana Pooja'. In the said notice, Bank account No.67360449378 at State Bank of India, Karyavattom Branch, is provided for remitting money for 'Udayassthamana Pooja'. To the knowledge of the petitioners, the 6[th] respondent Temple Advisory Committee has no such bank account. Huge amounts fraudulently collected by respondents 7 and 8 for 'Udayasthamana Pooja', through the said bank account, are not 5 W.P.(C)No.20753 of 2023 credited to the accounts of the 6[th] respondent Temple Advisory Committee. There is no audit of the accounts of the said committee by the concerned officers. 3. On 26.06.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 5 and for the 9[th] respondent. Urgent notice on admission by special messenger was ordered to respondents 6 to 8, returnable by 30.06.2023. By the order dated 26.06.2023, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions with specific reference to Exts.P2 to P9 receipts and Ext.P10 notice regarding 'Udayasthamana Pooja' and 'Thulam Maholsavam' in Major Thrippapoor Sree Mahadevar Kshethram. 4. On 30.06.2023, when this writ petition came up for consideration, this Court passed the following order; “The petitioners, who are the devotees of Thrippapoor Major Sree Mahadevar Temple, which is a temple under the management of the Travancore Devaswom Board, have filed this writ petition raising serious allegations against the Temple Advisory Committee of that temple, the 6[th] respondent herein, to which the 7[th] and 8[th] respondents are the President and Secretary respectively. Along with the writ petition, the petitioners have placed on record Exts.P2 to P9 receipts issued by the Temple Advisory Committee to 6 W.P.(C)No.20753 of 2023 various devotees, after collecting amounts ranging from Rs.1,000/- to Rs.20,000/-. 2. Today, when this matter is taken up for consideration, the learned Standing Counsel for the Travancore Devaswom Board would submit that a vigilance enquiry under the supervision of the 9[th] respondent Chief Vigilance and Security Officer of the Travancore Devaswom Board is going on against the 6[th] respondent Temple Advisory Committee and its office bearers and the report of enquiry will be submitted before the Travancore Devaswom Board before 15.08.2023. 3. Respondents 6 to 8 enter appearance through Adv. Sri. Thonnakkal G. Rajeev, who seeks time to file a counter affidavit. 4. On a quarry made by this Court, the learned counsel for respondents 6 to 8 would submit that Exts.P2 to P9 receipts were issued by the Temple Advisory Committee after collecting amounts from the devotees, in anticipation of the approval of the Board for collection of amounts from the devotees in connection with various rituals, festivals and development activities in the temple. 5. In view of the prohibition contained in Clause 18 of Ext.P1 bylaws for the formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board, which is one framed in exercise of the powers under Sub Section 3 of Section 31A of the Travancore Cochin Hindu Religious Institutions Act 1950, with the approval of this Court as per the order in DBA No.153 of 2009, without prior permission of the Board, no such collection can be made by a Temple Advisory Committee. 7 W.P.(C)No.20753 of 2023 6. Considering the above aspects and also the fact that a vigilance enquiry is going on against the 6[th] respondent Temple Advisory Committee and its office bearers and members, we deem it appropriate to direct the 4[th] respondent Assistant Devaswom Commissioner and also the 5[th] respondent Sub Group Officer to take necessary steps to ensure that the office bearers and members of the 6[th] respondent Temple Advisory Committee are not involved in any activity in the temple in question and they are not permitted to collect any money from the devotees. For the time being, the entire activities in the said temple shall be managed by the Board through the 5[th] respondent Sub Group Officer under the supervision of the 4[th] respondent Assistant Devaswom Commissioner. 7. The counter affidavit shall be placed on record before the next posting date.” (underline supplied) 5. Respondents 6 to 8 have filed a counter affidavit dated 05.07.2023, opposing the reliefs sought for in this writ petition. Paragraphs 4 to 6 of that counter affidavit read thus; “4. The allegations raised in paragraph of the statement of facts of the writ petition are not fully correct and hence denied. The allegation that respondents 6 to 8 are widely collecting funds from the public in the name of the temple without the seal and permission from the Travancore Devaswom Board, is absolutely false. It is submitted that the development works of the Sanctum Santorum, which are ancient for more than 2000 years, were undertaken by the 6[th] respondent as per the permission granted by the 3[rd] respondent. A true copy of the letter of permission bearing No. R.O.C. 1777/16/M1 dated 8 W.P.(C)No.20753 of 2023 12.10.2016, issued by, the 3[rd] respondent on behalf of the 1[st] respondent, is produced herewith and may be marked as Exhibit R6(a). So also, the 1[st] respondent had accorded sanction for brass plating of the Temple Flag Pole at the sole expense of the 6[th] respondent and under the supervision of the Works Department of the 1[st] respondent. A true copy of the sanction order No.R.O.C.116/18/M dated 16.01.2018, according sanction for brass plating of the Temple Flag Pole, is produced herewith and may be marked as Exhibit R6(b). It is submitted that Exhibit R6(b) was issued as per the representation submitted by 27 devotees of the Temple wherein the 1[st] petitioner is the first party and the 4[th] petitioner is party number 21 of such representation. A true copy of the representation dated nil forwarded by respondents 7 and 8 to the 1[st] respondent, is produced herewith and may be marked as Exhibit R6(c) 5. It is further submitted that out of Exhibits P2 to Exhibit P9, the receipts numbered as Exhibit P3, Exhibit P8 and Exhibit P9 are receipts not issued by respondents 6 to 8 at any point of time. So also, it is peripheral from Exhibit P6 dated 10.04.2022 it is a receipt bearing No.977 with SROC 3901/18 It is also submitted that these respondents never printed or got approved receipt books beyond serial No 1000 at any point of time. So also, all the receipts issued by these respondents contain Lord Shiva in the Padmasana posture on the left and the standing posture of Lord Mahavishnu on the right. It is noticeable that in Exhibit P3, P8 and P9, the posture of Lord Shiva is in a standing position. This is because Exhibit P3, Exhibit P8 and Exhibit P9 are concocted documents fraudulently created by the petitioners by forgery. Exhibit P2 receipt had been issued to the 1[st] petitioner in connection with 9 W.P.(C)No.20753 of 2023 his contribution of Rs.5000/- for the purpose of Meena-Rohini Mahotsavam along with brass-plating of Balikkallu (sacrificial stone). Exhibit P6 was issued to the 3[rd] petitioner as his contribution towards the developmental/renovation works in the temple in connection with the Maha Sivarathri festival of the year 2022. So also, Exhibit P7 is the receipt issued to the 3[rd] petitioner on 01.03.2022 against the part of the contribution of Rs 25,000/-, which was offered by him and for Mrithyunjaya Homam. 6. The allegations raised in paragraph No.3 of the statement of facts of the writ petition are not fully correct and hence denied. It is admitted that there is a bank account with A/c No. 67360449378 with State Bank of India, Karyavattom Branch, Thiruvananthapuram, which is in the joint name of the 6[th] respondent as well as the 5[th] respondent. A true copy of the account extract pertaining to the account No. 67360449378, with State Bank of India, Karyavattom, Thiruvananthapuram, for the period commencing from 01.02.2016 to 05.07.2023, is produced herewith and may be marked as Exhibit R6(d). The Udayasthamana Pooja of the year, 2022 was conducted on 16.10.2022 The said Poojas were undertaken by a group of devotees. The said Udayasthamana Pooja was conducted along with Thulam-Mahotsavam It is submitted that the 6[th] respondent had addressed respondents 1 to 5 for getting sanction for collecting funds to conduct the Udayasthamana Pooja and Thulam-Mahotsavam. It is submitted that respondents 1 to 5 will not contribute any money for such compulsory bi-annual festival. The allegation that the 6[th] respondent has no such bank account as stated above is absolutely false. Even after the completion of the said Udayasthamana Pooja as well as Thulam-Mahotsavam, 10 W.P.(C)No.20753 of 2023 respondents 1 to 5 had not even cared to consider the representations submitted on that behalf. A true copy of letter dated 21.08.2022, bearing No TRIP/DEV/07/US/2022, seeking permission of respondents 1 to 5 to conduct ThulamMahotsavam along with Udayasthamana Pooja, is produced herewith and may be marked as Exhibit R6(e). It is submitted that the 6[th] respondent was augmented with the Thanthric Sanction from its Thanthri, K. Narayanaru supporting Exhibit R6(e). A true copy of the Thanthric sanction letter dated 16.08.2022, issued by the Thanthri of the temple, K. Narayanaru, is produced herewith and may be marked as Exhibit R6(f). So also, the 6[th] respondent had accorded sanction for submitting Exhibit R6(e), as per its decision dated 13.08.2022.” In paragraphs 7 to 9 of the counter affidavit, respondents 6 and 7 have denied the allegations contained in paragraphs 4 to 9 of the statement of facts in the writ petition. In the counter affidavit, it is stated that the 6[th] respondent Temple Advisory Committee had submitted all the vouchers, income and expenditure statements and related documents to the concerned officer of the 1[st] respondent Travancore Devaswom Board from time to time, for auditing. 6. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 5 and 9 and the learned counsel for respondents 6 to 8. 11 W.P.(C)No.20753 of 2023 7. 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 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 12 W.P.(C)No.20753 of 2023 usage. 8. 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 subsection (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 subsection (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. 9. 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 13 W.P.(C)No.20753 of 2023 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. 10. Clause (3) of the Rules deals with membership. Clause (3) of the Rules 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 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. 11. As held by this Court in **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** , 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 the temple under its management are performed promptly; and to establish and maintain proper facilities in the temple for the devotees. Subject to the provisions 14 W.P.(C)No.20753 of 2023 of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of the Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in the 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 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. 12. 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 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 15 W.P.(C)No.20753 of 2023 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. 13. In **Sunil Kumar C. v. Travancore Devaswom Board** **and others [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 16 W.P.(C)No.20753 of 2023 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 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 17 W.P.(C)No.20753 of 2023 Clause (11) of the Rules, and also the law laid down in **Chandu K.** ## **v. Travancore Devaswom Board and others [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. 14. 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 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. 18 W.P.(C)No.20753 of 2023 15. In view of the 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 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 the annual 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 Rules and the accounts relating to the 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. 16. On 30.06.2023, when this writ petition came up for consideration, this Court directed the 4[th] respondent Assistant Devaswom Commissioner and the 5[th] respondent Sub Group 19 W.P.(C)No.20753 of 2023 Officer to take necessary steps to ensure that the office bearers and members of the 6[th] respondent Temple Advisory Committee are not involved in any activity in Thrippapoor Major Sree Mahadevar Temple and they are not permitted to collect any money from the devotees. It was ordered that, for the time being, the entire activities in the said temple shall be managed by the Board through the 5[th] respondent Sub Group Officer, under the supervision of the 4[th] respondent Assistant Devaswom Commissioner. 17. Now, the vigilance enquiry ordered by the 1[st] respondent Travancore Devaswom Board, vide the order dated 13.06.2023 is in progress. The learned Standing Counsel for Travancore Devaswom Board would submit that the 9[th] respondent Chief Vigilance and Security Officer is expected to submit his report before 15.08.2023. 18. In such circumstances, this writ petition is disposed of by directing the 1[st] respondent Travancore Devaswom Board to take an appropriate decision in the matter, after considering the report to be submitted by the 9[th] respondent Chief Vigilance and Security Officer, taking note of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to 20 W.P.(C)No.20753 of 2023 supra, with notice to the petitioners and to the office bearers of the 6[th] respondent Temple Advisory Committee. Till such a decision is taken, the directions contained in the order of this Court dated 30.06.2023 shall continue to be in force and the entire activities in Thrippapoor Major Sree Mahadevar Temple shall be managed by the 1[st] respondent Travancore Devaswom Board through the 5[th] respondent Sub Group Officer, under the supervision of the 4[th] respondent Assistant Devaswom Commissioner. Since vigilance enquiry is pending, the legal and factual contentions raised by the petitioners and respondents 6 to 8 are left open to be raised before the 1[st] respondent Board at the appropriate stage. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITHKUMAR, JUDGE** **yd** 21 W.P.(C)No.20753 of 2023 ## **`APPENDIX OF WP(C) 20753/2023`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`COPY OF THE BYE LAWS OF THE TEMPLE`**| ||**`ADVISORY COMMITTEE OF THE TRAVANCORE`**| ||**`DEVASWOM BOARD VIDE ROC.NO.1809/09/N.S`**| ||**`DATED 30.11.2011`**| |**`Exhibit P2`**|**`TRUE COPY OF RECEIPT NO. 419 FOR`**| ||**`RS.5000/- ISSUED TO P. GOPAKUMAR DATED`**| ||**`5.4.2019`**| |**`Exhibit P3`**|**`TRUE COPY OF RECEIPT NO. 1488 FOR`**| ||**`RS.20,000/- ISSUED TO P. GOPAKUMAR BY`**| ||**`MAJOR THRUPPAPPOOR SREE MAHADEVAR`**| ||**`KSHETHRAM DATED 6.1.2022`**| |**`Exhibit P4`**|**`TRUE COPY OF RECEIPT NO.182 FOR`**| ||**`RS.1000/- ISSUED TO GOPAKUMAR BY MAJOR`**| ||**`THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM`**| ||**`DATED 3.4.99`**| |**`Exhibit P5`**|**`TRUE COPY OF RECEIPT NO.035 FOR`**| ||**`RS.2000/- ISSUED TO GOPAKUMAR BY MAJOR`**| ||**`THRUPPAPPOOR SREE MAHADEVAR KSHETHRAM`**| ||**`DATED 15.4.2021`**| |**`Exhibit P6`**|**`TRUE COPY OF RECEIPT NO.977 FOR`**| ||**`RS.10,000/- ISSUED TO VIKRAMAN NAIR BY`**| ||**`MAJOR THRUPPAPPOOR SREE MAHADEVAR`**| ||**`KSHETHRAM DATED 10.4.2022`**| |**`Exhibit P7`**|**`TRUE COPY OF RECEIPT NO.482 FOR`**| ||**`RS.10,000/- ISSUED TO VIKRAMAN NAIR BY`**| ||**`MAJOR THRUPPAPPOOR SREE MAHADEVAR`**| ||**`KSHETHRAM DATED 01.8.2022`**| |**`Exhibit P8`**|**`TRUE COPY OF RECEIPT NO. 1405 FOR`**| ||**`RS.10,000/- ISSUED TO VIKRAMAN NAIR BY`**| ||**`MAJOR THRUPPAPPOOR SREE MAHADEVAR`**| ||**`KSHETHRAM DATED 18.11.2022`**| |**`Exhibit P9`**|**`TRUE COPY OF RECEIPT NO.1453 FOR`**| ||**`RS.10,000/- ISSUED TO JAYAKUMAR`**| ||**`20.5.2022`**| |**`Exhibit P10`**|**`TRUE COPY OF THE PUBLIC NOTICE SEEKING`**| ||**`COLLECTION OF FUND IN THE NAME OF`**| ||**`'UDAYASSTHAMANA POOJA' AND A BANK`**| ||**`ACCOUNT NUMBER HAS BEEN MENTIONED`**| ||**`THEREIN AS A/C.NO 67360449378 OF SBI,`**| ||**`KARYAVATTOM BRANCH FOR REMITTING MONEY`**| ||**`FOR THE SAID 'POOJA' ISSUED BY 7TH AND`**| ||**`8TH RESPONDENTS`**| |**`Exhibit P11`**|**`TRUE COPY OF THE CIRCULAR`**| 22 W.P.(C)No.20753 of 2023 ``` FAO.NO.330/12/N.S. DATED 01.08.2013 ISSUED BY FINANCE & ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD ``` ``` Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD ``` ``` Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT ``` ``` Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 12.06.2023 SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT ``` ``` RESPONDENT EXHIBITS ``` - **`Exhibit R6(a) The true copy of the Letter of permission bearing No. R.O.C.1777/16/M1 dated 12-10-2016, issued by, the 3rd Respondent on behalf of the 1st Respondent.`** ``` Exhibit R6(b) The true copy of the Sanction Order No. R.O.C.116/18/M dated 16-01-2018, according sanction for brass plating of the Temple Flag Pole ``` - **`Exhibit R6(c) The true copy of the representation dated NIL, forwarded by the Respondents 7 and 8 to the 1St Respondent`** - **`Exhibit R6(e) The true copy of the letter dated 21-082022, bearing No. TRIP/DEV/07/US/2022 seeking permission of the Respondents 1 to 5 to conduct Thulam-Mahotsavam along with Udayasthamana Pooja`** - **`Exhibit R6(f) The true copy of the Thanthri sanction Letter dated 16-08-2022, issued by Thanthri of the temple, K. Narayanaru`** - **`Exhibit-R6(d) he true copy of the account extract pertaining to the account No. 67360449378, with State Bank of India, Karyavattom, Thiruvananthapuram, for the period commencing from 01-02-2016 to 0507-2023.`**