W.P.(C) No. 23768 of 2022 (Suo Motu)

# **`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 23[RD] DAY OF AUGUST 2022 / 1ST BHADRA, 1944 W.P.(C)NO.23768OF 2022 ``` ``` PETITIONER: ``` ``` SUO MOTU ``` ``` RESPONDENTS: ``` - **`1 THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.`** - **`2 THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM GROUP, KOTTAYAM - 686141.`** - **`3 THE ADMINISTRATIVE OFFICER, VAIKOM SREE MAHADEVA TEMPLE, VAZHAMANA ROAD, VAIKOM- 686141.`** - **`4 THE TEMPLE ADVISORY COMMITTEE OF VAIKOM SREE MAHADEVA TEMPLE, REPRESENTED BY ITS SECRETARY, VAZHAMANA ROAD, VAIKOM, KOTTAYAM - 686141.`** ``` OTHER PRESENT: ``` ``` SRI G.BIJU- STANDING COUNSEL TRAVANCORE DEVASWOM BOARD SRI P.RAJEEVE - ADVOCATE COMMISSIONER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.23768 of 2022 ## **JUDGMENT** ## Anil K. Narendran, J. This _suo motu_ proceedings is initiated based on the direction contained in paragraph 15 of the judgment dated 14.07.2022 in W.P.(C) No.18418 of 2022, which reads thus: “15. Having considered the submissions made at the Bar, we notice that the question as to whether there is any shortage/wastage of ‘Prathal vazhipadu prasadam’ on any day in Vaikom Sree Mahadeva Temple requires detailed consideration. Therefore, we deem it appropriate to direct the Registry to initiate suo motu proceedings based on this judgment, with the Travancore Devaswom Board represented by its Secretary; the Assistant Devaswom Commissioner, Vaikom, the Administrative Officer, Vaikom Sree Mahadeva Temple; and the Temple Advisory Committee of Vaikom Sree Mahadeva Temple, represented by its Secretary, Vazhamana Road, Vaikom, Kottayam – 686 141, as the respondents, and list the matter before the Devaswom Bench on 22.07.2022. The name of the learned Advocate Commissioner shall also be shown in the cause list.” 2. On 22.07.2022, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions on the quantity of the rice offered and the number of devotees who 3 ## W.P.(C)No.23768 of 2022 had attended ‘Prathal’ from 14.07.2022 onwards and ‘Athazha Oottu’ from 17.07.2022 in Vakom Sree Mahadeva Temple. 3. On 26.07.2022, when this writ petition came up for consideration, respondents 1 to 3 entered appearance through the learned Standing Counsel. Notice was issued to the 4[th] respondent Temple Advisory Committee by speed post. Pursuant to the order dated 22.07.2022, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the written instructions received from the 2[nd] respondent Assistant Devaswom Commissioner. 4. By the order dated 26.07.2022, the 3[rd] respondent Administrative Officer, Vaikom was directed to maintain a permanent register for ‘Prathal’ and ‘Athazha Oottu’. It was ordered that the quantity of rice offered and the number of devotees who had attended ‘Prathal’ on each day shall be entered in that register. In the case of ‘Athazha Oottu’, the quantity of rice and the number of devotees who had attended ‘Athazha Oottu’ shall also be entered in that register. The members of the Temple Advisory Committee were directed to have constant vigil on the activities undertaken in Vaikom Sree Mahadeva Temple in connection with ‘Prathal’ and ‘Athazha 4 W.P.(C)No.23768 of 2022 Oottu’, in order to ensure that there is no shortage/wastage in ‘Prathal’ or ‘Athazha Oottu’. The learned Advocate Commissioner was directed to conduct periodical inspections. 5. Heard the learned Standing Counsel for Travancore Devaswom Board and also the learned Advocate Commissioner. 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 Section 15A of the Act, which deals with duties of the Board, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv) of Section 15A, which includes duty to see that regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in the temples for the devotees. As per Section 31 of the Act, which deals with management of Devaswoms, subject to the provisions of Part-I of the Act and the rules made 5 W.P.(C)No.23768 of 2022 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 festivals in every temple according to its usage. 7. The provisions under the Travancore-Cochin Hindu Religious Institutions Act make it explicitly clear that the role assigned to the Travancore Devaswom Board in the administration, supervision and control of incorporated and unincorporated Devaswoms is that of a trustee in the management of the properties vested in the Deity, which is bound to administer, supervise and control incorporated and unincorporated Devaswoms in accordance with the provisions under the said Act. The Board and its officials are duty bound to function within the framework of the statute, by scrupulously following the stipulations contained therein and acting strictly in accordance with the settled legal principles relating to the administration of Hindu religious trust. The Board, being a trustee in the management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 6 W.P.(C)No.23768 of 2022 8. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act deals with the formation of the Temple Advisory Committees. In **Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379]** this Court held that, with the insertion of Section 31A to the Travancore-Cochin Hindu Religious Institutions Act, the formation of Temple Advisory Committees in temples has become statutory. 9. The 4[th] respondent Temple Advisory Committee of Vaikom Sree Mahadeva Temple, constituted under Section 31A of the Act, consisting of ‘persons interested’ in the said temple, as defined under clause (d) of Section 2 of the Act, is duty bound to function within the framework of the statute by scrupulously following the stipulations contained therein and acting strictly in accordance with the settled legal principles relating to the administration of Hindu religious trust. The Committee is legally bound to perform its duties with utmost care and caution. The Temple Advisory Committee is duty bound to render necessary assistance to the Travancore Devaswom Board to perform its functions enumerated in clauses (i) to (iv) of Section 15A, in relation to Vaikom Sree Mahadeva Temple, which includes the duty to see that regular 7 W.P.(C)No.23768 of 2022 traditional rites and ceremonies according to the practice prevalent in the temple are performed promptly; to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in the temple for the devotees. The Committee is required to maintain a constant vigil over the conduct of ‘Prathal’ and ‘Athazha Oottu’ in Vaikom Sree Mahadeva Temple, in order to ensure that there is no shortage/wastage in ‘Prathal’ or ‘Athazha Oottu’. 10. In view of the order of this Court dated 28.06.2022 in W.P.(C)No.18418 of 2022, 'Athazha Oottu' in Vaikom Sree Mahadeva Temple has already been resumed, with effect from 17.07.2022. In the judgment dated 14.07.2022 in W.P.(C) No.18418 of 2022, this Court has issued various directions relating to ‘Athazha Oottu’ and ‘Prathal’ in Vaikom Sree Mahadeva Temple. This Court directed the Assistant Devaswom Commissioner, Vaikom, the 2[nd] respondent herein, and also the Administrative Officer, Vaikom Sree Mahadeva Temple, the 3[rd] respondent herein, to take necessary steps to ensure that there is no shortage/wastage of ‘Prathal vazhipadu prasadam’ on any day in the said temple. It was ordered that, after measurement 8 W.P.(C)No.23768 of 2022 of rice for 'Prathal', which is done on the previous day after 'deeparadhana', the Administrative Officer shall exhibit the quantity of rice offered by the devotees for 'Prathal vazhipadu' on the next day on the board in front of the Oottupura and at other appropriate places, so that, in addition to the devotees who offer 'Prathal vazhipadu' and their family members, maximum number of devotees are served ‘Prathal vazhipadu prasadam’ in Vaikom Sree Mahadeva Temple and that, there is no wastage of ‘Prathal vazhipadu prasadam’ on any day. The Administrative Officer was directed to take necessary steps in this regard, in consultation with the Temple Advisory Committee of Vaikom Sree Mahadeva Temple, the 4[th] respondent herein, and also the learned Advocate Commissioner. The Assistant Devaswom Commissioner or the Administrative Officer was directed to issue a press release regarding the resumption of 'Athazha Oottu' in Vaikom Sree Mahadeva Temple, with effect from 17.07.2022. 11. The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court, the details of the devotees who had attended ‘Prathal’ from 01.08.2022 and also the quantity of rice offered. The 9 ## W.P.(C)No.23768 of 2022 details furnished by the learned Standing Counsel for the Board ## is extracted hereunder; |തീയതി|വഴിപാട എ്ം|പപാതൽ കഴി്<br>ഭ്ജന്ളുടട<br>എ്ം| |---|---|---| |01/08/2022|8 പറ|680| |02/08/2022|8 പറ|690| |03/08/2022|8 പറ|700| |04/08/2022|9 പറ|740| |05/08/2022|8 പറ|625| |06/08/2022|12 പറ|1050| |07/08/2022|12 പറ|1025| |08/08/2022|8 പറ|775| |09/08/2022|8 പറ|740| |10/08/2022|7 പറ|675| |11/08/2022|8 പറ|690| |12/08/2022|8 പറ|695| |13/08/2022|12 പറ|990| |14/08/2022|12 പറ|800| |15/08/2022|9 പറ|785| |16/08/2022|6 പറ|485| |17/08/2022|12 പറ|950| |18/08/2022|10 പറ|795| |19/08/2022|8 പറ|640| |20/08/2022|9 പറ|710| 10 ## W.P.(C)No.23768 of 2022 21/08/2022 12 പറ 1162 12. Having considered the submissions made by the learned Standing Counsel for Travancore Devaswom Board and also the learned Advocate Commissioner, we deem it appropriate to dispose of this writ petition with the following directions; - (i) the 2[nd] respondent Assistant Devaswom Commissioner, Vaikom and the 3[rd] respondent Administrative Officer shall take necessary steps to ensure that there is no shortage/wastage in ‘Prathal’ or 'Athazha Oottu' on any day in Vaikom Sree Mahadeva Temple; - (ii) after measurement of rice for 'Prathal', which is done on the previous day after 'deeparadhana', the 3[rd] respondent Administrative Officer shall exhibit the quantity of rice offered by the devotees for 'Prathal vazhipadu' on the next day, on the board in front of the Oottupura and at other appropriate places in Vaikom Sree Mahadeva Temple, so that, in addition to those who offer 'Prathal vazhipadu' and their family members, the maximum number of devotees are served ‘Prathal vazhipadu prasadam’ on every day; - (iii) the 3[rd] respondent Administrative Officer shall maintain a permanent register for ‘Prathal’ and 'Athazha Oottu' in Vaikom Sree Mahadeva Temple. The quantity of rice offered and the number of devotees who had attended ‘Prathal’ on each day shall be entered in that register. The quantity of rice and the number of devotees who 11 W.P.(C)No.23768 of 2022 had attended ‘Athazha Oottu’ shall also be entered in that register. The 2[nd] respondent Assistant Devaswom Commissioner shall conduct periodical verification of the permanent register maintained by the 3[rd] respondent Administrative Officer; (iv) the 4[th] respondent Temple Advisory Committee shall have constant vigil on the activities undertaken in Vaikom Sree Mahadeva Temple in connection with ‘Prathal’ and 'Athazha Oottu', in order to ensure that there is no shortage/wastage in ‘Prathal’ and 'Athazha Oottu' on any day; and (v) any shortfall in the conduct of ‘Prathal’ and 'Athazha Oottu' in Vaikom Sree Mahadeva Temple shall be brought to the notice of this Court, for interference, by way of reports filed by the learned Advocate Commissioner. ## **Sd/ANIL K. NARENDRAN JUDGE** ## **Sd/-** **P.G. AJITHKUMAR JUDGE** PV