W.P.(C) Nos.32717 & 39926 of 2023

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 21[ST] DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945 ``` ## **`WP(C) NO.32717 OF 2023`** ## **`PETITIONER:`** ``` P.CHANDRASEKARAN PILLAI, S/O PACHU PILLAI, CHAKKOLIL, EVOOR SOUTH, KEERIKAD P.O., ALAPPUZHA, PIN – 690 508 BY ADV S.KRISHNAMOORTHY ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS, NANTHANCODE, TRIVANDRUM, PIN – 695 003`** - **`2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANTHANCODE, TRIVANDRUM, PIN – 695 003`** - **`3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP, HARIPAD P.O., ALAPPUZHA, PIN – 690 514`** - **`4 TEMPLE ADVISORY COMMITTEE REP BY SECRETARY, EVOOR SREE KRISHNA SWAMY TEMPLE, EVOOR, CHEPPAD P.O., ALAPPUZHA, PIN – 690 507`** - **`5 EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR VADAKKEKKARA HAINDAVA SAMITHI, REP. BY THE SECRETARY, SHYAM KUMAR, KALLORATH VEEDU, EVOOR NORTH P.O., ALAPPUZHA, PIN – 690 507`** - **`6 EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR TEKKEKARA HAINDAVA SAMITHI, REP. BY SECRETARY PRAMOD KUMAR KUTTITHEKETHIL, EVOOR SOUTH, KEERIKAD P.O., ALAPPUZHA, PIN – 690 508`** 2 W.P.(C)Nos.32717 & 39926 of 2023 ``` 7EVOOR SREE KRISHNA SWAMY TEMPLE EVOOR VADAK PADINJARE HAINDAVA SAMITHI, REP BY SECRETARY PRASANNAN, CHANANCHERIL VEEDU, CHEPAD P.O. ALAPPUZHA, PIN – 690 507 ``` ``` *Addl R8STATE OF KERALA, REP BY SECRETARY, DEPARTMENT OF DEVASWOMS, GOVT. SECRETARIATE, TRIVANDRUM (IMPLEADED AS PER ORDER DATED 21.12.2023 IN I.A.NO.4 OF 2023 IN W.P.(C) No.32717 OF 2023) ``` ``` BY ADVS. ``` ``` HARIDAS P BIJU HARIHARAN(K/1767/1995) SHIJIMOL M.MATHEW(K/907/2005) P.C.SHIJIN(K/397/2012) ROSHIN MARIAM JACOB(K/1017/2011) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH WP(C).39926/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)Nos.32717 & 39926 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 21[ST] DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945 ``` ``` WP(C) NO.39926OF 2023 ``` ## **`PETITIONERS:`** - **`1 VADAKKEKKARA HAINDAVA SAMITHY, EVOOR, EVOOR SREE KRISHNA SWAMY TEMPLE, REP BY THE SECRETARY, SHYAM KUMAR, AGED 41 YEARS, S/O. MOHANAN PILLAI, KALLORATH KUMARABHAVANAM, EVOOR NORTH P.O., ALAPPUZHA., PIN – 690 507`** - **`2 TEKKEKARA HAINDAVA SAMITHY, EVOOR, EVOOR SREE KRISHNA SWAMY TEMPLE, REPRESENTED BY ITS SECRETARY, PRAMOD KUMAR, AGED 41 YEARS,`** - **`S/O. GOPI S., KUTTITHEKATHIL, EVOOR SOUTH, KEERIKKAD P.O., ALAPPUZHA, PIN – 690 508`** - **`3 VADAK PADINJARE HAINDAVA SAMITHY, EVOOR SREE KRISHNA SWAMY TEMPLE, EVOOR, REP BY ITS SECRETARY VINOY VIJAYAN, AGED 36 YEARS, S/O. VIJAYAN NAIR, AMBIYIL KIZHAKKETHIL VEEDU, EVOOR NORTH,`** ``` CHEPPAD P.O. ALAPPUZHA., PIN – 690 507 ``` ``` BY ADVS. ``` ``` P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY DEVASWOM DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM, PIN-695 001`** - **`*CORRECTED, DESCRIPTION OF THE 1ST RESPONDENT IS SUO MOTU CORRECTED AS 'REVENUE (DEVASWOM) DEPARTMENT' INSTEAD OF 'DEVASWOM DEPARTMENT AS PER ORDER DATED 29.11.2023., PIN – 695 001`** - **`2 TRAVANCORE DEVASWOM BOARD - TDB, REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS, NANTHANCODE, KOWDIAR (PO) TRIVANDRUM., PIN – 695 003`** - **`3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANTHANCODE, KOWDIAR (PO) TRIVANDRUM., PIN – 695 003`** - **`4 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD,`** 4 W.P.(C)Nos.32717 & 39926 of 2023 ``` HARIPAD GROUP, HARIPAD P.O., ALAPPUZHA., PIN – 690 514 ``` - **`5 TEMPLE ADVISORY COMMITTEE, EVOOR SREE KRISHNA SWAMY TEMPLE, REPRESENTED BY ITS SECRETARY, EVOOR, CHEPPAD P.O., ALAPPUZHA., PIN – 690 507`** - **`6 EVOOR SREE KRISHNA GEETHA SAMITHY EVOOR SREE KRISHNA SWAMY TEMPLE REPRESENTED BY ITS SECRETARY, EVOOR, CHEPPAD P.O., ALAPPUZHA., PIN – 690 507`** - **`7 SRI K. VASUDEVAN AKA BHASI S.N. NIVAS, EVOOR SOUTH, KEERIKKAD P.O WORKING AS THE PRESIDENT, TEMPLE ADVISORY COMMITTEE AND EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR SREE KRISHNA SWAMY TEMPLE, PIN – 690 508`** - **`8 D.UNNIKRISHNAN NAIR ARUN NIVAS, CHEPPAD P.O. WORKING AS THE SECRETARY, TEMPLE ADVISORY COMMITTEE AND EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR SREE KRISHNA SWAMY TEMPLE, PIN 690 507`** - **`9 P. SIVAPRASAD NAGAROOR PADEETTATHIL, EVOOR NORTH, CHEPPAD P.O. WORKING AS THE VICE PRESIDENT, TEMPLE ADVISORY COMMITTEE AND EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR SREE KRISHNA SWAMY TEMPLE, PIN – 690 507`** - **`10 R. GOPINATHAN NAIR, SREEVALSOM, EVOOR NORTH, CHEPPAD P.O. WORKING AS THE MEMBER OF THE TEMPLE ADVISORY COMMITTEE AND EXECUTIVE MEMBER OF EVOOR SREE KRISHNA GEETHA SAMITHY, EVOOR SREE KRISHNA SWAMY TEMPLE, PIN – 690 507`** - **`11 P. CHANDRASEKARAN PILLAI, AGED 79 YEARS, S/O PACHU PILLAI, CHAKKOLIL, EVOOR SOUTH KEERIKAD P.O., ALAPPUZHA., PIN – 690 508`** ``` BY ADVS. ``` ``` K.S.HARIHARAPUTHRAN ARUN CHANDRAN ``` ``` S. Krishnamoorthy S SNEHA ROSE(K/845/2008) P.S.ARUNA(K/866/2010) S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH WP(C).32717/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C)Nos.32717 & 39926 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The common issue raised in these writ petitions centers around Evoor Sree Krishna Swami Temple, which is a temple under the management of the Travancore Devaswom Board. 1.1. W.P.(C)No.32717 of 2023:- The petitioner, who is a devotee of Evoor Sree Krishna Swamy Temple, which is a temple under the management of the Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to restrain all the activities and functioning of respondents 5 to 7 Haindava Samithies, especially conducting any of the festivals in Evoor Sree Krishna Swamy Temple; a writ of mandamus commanding respondents 1 to 3 to prohibit the involvement of any such Samithies in the temple activities, other than a duly constituted Temple Advisory Committee constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950; and a writ of mandamus commanding respondents 1 to 3 to conduct an audit and vigilance inquiry against the functioning of respondents 5 to 7 Haindava Samithies and account all the assets acquired on behalf of Evoor Sree Krishna Swamy Temple by the money collected from the devotees and account the same. 6 W.P.(C)Nos.32717 & 39926 of 2023 1.2. Going by the averments in the writ petition, for the last several years, there was no proper Temple Advisory Committee in Evoor Sree Krishna Swamy Temple constituted under Section 31A of the Act. In April 2023, the 4[th] respondent Temple Advisory Committee was elected, which got approval of the 3[rd] respondent Devaswom Commissioner. However, various other Committees, including respondents 5 to 7 Haindava Samithies are interfering with the affairs of the temple, without any authority, and are functioning from the year 2018 onwards. Such committees are collecting huge amounts from the devotees and even interfering with Parakkezhunnullippu, Kodiyattu, Thiruvulsavam, Sankrama Vallamkali, Chathurkshatham, Uriyadi, etc. There is no seal in the receipts issued for such collections. Respondents 5 to 7 Haindava Samithies are unauthorisedly collecting money from the devotees. Even after the formation of the Temple Advisory Committee of Evoor Sree Krishna Swami Temple, respondents 5 to 7 are interfering with the temple activities. 1.3. On 09.10.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 3. Urgent notice was ordered to respondents 4 to 7 by speed post, 7 W.P.(C)Nos.32717 & 39926 of 2023 returnable within three weeks. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions and file counter affidavit. 1.4. The petitioner has filed I.A.No.3 of 2023 seeking an order to accept Exts.P6 and P7 as additional documents. Respondents 5 to 7 have filed a counter affidavit dated 16.11.2023 opposing the reliefs sought for in this writ petition, producing therewith Exts.R5(a) to R5(e) documents. The petitioner has filed I.A.No.4 of 2023 seeking an order to implead the State of Kerala, represented by the Principal Secretary to Government of Kerala, Revenue (Devaswom) Department as additional 8[th] respondent. The petitioner has filed a reply affidavit dated 28.11.2023. 1.5 Respondents 1 to 3 have filed a counter affidavit dated 15.12.2023 opposing the reliefs sought for in this writ petition. Paragraphs 2 to 4 of that counter affidavit read thus; “2. It is submitted that the Temple Advisory Committee of Evoor Sree Krishna Swamy temple was given approval by the Devaswom Commissioner vide order No.ROC.23072/12/N S2 dated 10.04.2023. It is pertinent to note that outside the Evoor Sree Krishna swami temple, three kara committees are functioning namely Evoor Vadakkekkara Haindava Samithi, Evoor Thekkekara Haindava Samithi and Evoor Vadak Padinjare Haindava Samithi. The Subgroup officer in his report has stated that every year the four main festivals of the temple were 8 W.P.(C)Nos.32717 & 39926 of 2023 conducted by the Ulsava committee which were elected from among the persons from the respective karas. As the ulsava committee is still in existence in each kara, it is not practical for the TAC to take over the responsibility and moreover with regard to the Customary festival like Boat race (Vallam kali), grant is provided by the Devaswom to the Kara committees. 3. It may be noted that the temple advisory committee was not willing for conducting of Boat race which requires huge expenses. As a result, the talks held among between the Kara Committees and the TAC also became a failure. The indifference of opinion is still persisting between the Kara Committees and the TAC. During the time of the formation of the TAC, the Kara Committee members had abstained from the meeting also. The main festivals of the temple like Ashtami Rohini Uriyadi, Ayillyam arising after Thiruvonam during the month of Chinjam, Makam adiyenthiram, Karkidaka Samkrama Vallam kali, 7[th] Thirulsavam which is part of the festival, 8th Thiru ulsavam and 9[th] thiruulsavam are conducted by the Thiru Ulsavam Committee accordingly. After the formation of Temple advisory committees, the festivals were conducted by the Kara committees based on the letter issued by the TAC during the relevant periods. Uriyadi which is conducted as part of the Ashtami rohini festival is conducted widespread in the three karas. For conducting the same, vast arrangements are necessary and therefore the same is done by each kara committees separately. In the samkrama boat race, the main boat is roved by the three karas in accordance to their turn. 4. It is further submitted that no complaint has been received so far by these respondents as regarding illegal collection of funds by the kara committees. As per Ext.P6 Circular ROC No. 3425/23/Vig. dated 08.09.2023, the temple advisory committee with the permission of the Board is at liberty to avail their remedy by preferring a complaint before the police, if any illegal collection of funds are detected by any other committees. In the instant case no such complaint is seen submitted nor produced. 9 W.P.(C)Nos.32717 & 39926 of 2023 The officials of the Devaswom can act against the kara committee only if any illegal activities are done inside the Devaswom premises. In the writ petition itself the petitioner alleges that funds are illegally collected in the respective karas by the kara committees. If that be so, it is the duty of the TAC to lodge appropriate complaint and thereafter to bring the same into the notice of these respondents. This temple, being a major temple has its own importance for the Karas as far as the rituals and festivals are concerned. Therefore, the subgroup has reported that the TAC consisting of the kara committees also would be most proper for the smooth functioning of the temple.” 2. W.P.(C)No.39926 of 2023:- Respondents 5 to 7 in W.P(C)No.32717 of 2023 have filed this writ petition seeking a writ of certiorari to quash Ext.P7 order dated 10.04.2023 of the 3[rd] respondent Devaswom Commissioner, granting approval for the Temple Advisory Committee of Evoor Sree Krishna Swamy Temple; and a writ of mandamus commanding the 3[rd] respondent Devaswom Commissioner to reconstitute the Temple Advisory Committee of Evoor Sree Krishna Swamy Temple, ensuring that the same is not inconsistent with the practice prevailing and by ensuring the participation of members of the petitioners, within a time limit to be fixed by this Court. 2.1. Going by the averments in the writ petition, the petitioners - Haindava Samithies represent the devotees of Evoor Sree Krishna Swamy Temple, spread across 3 karas. The temple itself was originally owned by 3 karas. Hence, the temple 10 W.P.(C)Nos.32717 & 39926 of 2023 festivals can be conducted only by the participation of the members of the Haindava Samithies. Now, a Temple Advisory Committee has been constituted in Evoor Sree Krishan Swamy Temple, without the members of the Haindava Samithies. The 5[th] respondent Temple Advisory Committee is not functioning, and the office bearers of that committee are running a parallel committee and doing illegal activities. The petitioners complained about such illegal activities. However, no action has been taken. 2.2. On 29.11.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1[st] respondent State, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 2 to 4. Urgent notice on admission by special messenger was ordered to respondents 5 to 11. 2.3. The 11[th] respondent has filed a counter affidavit dated 02.12.2023, producing therewith Exts.R11(a) and R11(b) documents. The petitioners have filed I.A.No.1 of 2023, producing therewith Exts.P9 and P10 additional documents. 3. W.P.(C)Nos.32717 & 39926 of 2023:- On 05.12.2023, when these writ petitions came up for consideration, this Court passed an interim order directing the Travancore Devaswom Board, the Assistant Commissioner and the concerned Sub- 11 W.P.(C)Nos.32717 & 39926 of 2023 Group Officer to take necessary steps to ensure that there is no collection of money from the devotees of Evoor Sree Krishna Swamy Temple in connection with any ceremonies or activities in the temple, without prior permission granted by the Assistant Devaswom Commissioner. Any such collections shall be made against sealed coupons issued by the Assistant Commissioner. 4. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Senior Government Pleader for the State and the official respondents, the learned Standing Counsel for the Travancore Devaswom Board for the Board and its officials and also the respective counsel for the party respondents. 5. The issue raised in these writ petitions mainly relates to the conduct of annual festival and other activities of Evoor Sree Krishna Swamy Temple, which is under the management of the Travancore Devaswom Board. The annual festival of the temple for the year 1199 ME is scheduled to commence on 15.01.2024, for a period of ten days. In connection with the annual festival, Parakkezhunnullippu will commence on 28.12.2023. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the 12 W.P.(C)Nos.32717 & 39926 of 2023 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. 7. 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. 8. 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. 9. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (1) of Section 13 W.P.(C)Nos.32717 & 39926 of 2023 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 (bye-laws) 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. 10. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that the Travancore Devaswom Board, in exercise of the rule-making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory 14 W.P.(C)Nos.32717 & 39926 of 2023 Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No.153 of 2009. 11. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party held that in view of the provisions of the TravancoreCochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is 15 W.P.(C)Nos.32717 & 39926 of 2023 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. In **Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491]** a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party held that, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of the said temple, 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 the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. In that view of the matter, the petitioner cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Travancore 16 W.P.(C)Nos.32717 & 39926 of 2023 Devaswom Board and its officials to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial. 13. Clause (18) of the Rules (bye-laws) regarding the formation of Temple Advisory Committees in the temples under the management of Travancore Devaswom Board, which deals with prohibitions, reads thus; “18.നിര ോധനം രേത്ര ഉപരേശകസമിരിര ോ, അംഗ്ങര ോ രേത്ര സ്ᩎർശക ിൽ നിന്നം രേത്ര്ᩈിനന്ളിൽ വ്ച് ോതരോ ന പണപി ിവനക ം നട്ᩈോൻ പോടില്ല. രേരത്രോപരേശകസമിരി നതട ചനമരല് ിൽ രേത്ര്ᩈിനന്ളിൽ നട്കനന് ചട്ങനക തട രവേിക ിൽ പണം സമോഹ ി്കനന്രിന് കോണി്കവ്ᨸികര ോ, പോത്ര്ങര ോ തവᩄ᪚്കോൻ പോടില്ലോ്ᩈരോണ്. രേത്രവികസന കോ യ്ങൾ്ക് രവ്ᩂി ഡി്ᩔോർ്ᨾ തമന്തെ അനനവോേര്ᩈോടനകൂടി കൂ്ᩔണനകൾ അ്ചടി്കനരപോൾ നി്ᩐിരരനക ര ഖത്ᩔടന്ᩈി കൂ്ᩔണനകൾ മോത്രരമ അ്ചടി്കോൻ പോടന്ളൂ. അസി᪚➚ന രേവസവം ക്മീഷണെനതട മനത്േ പരി്ᩔി്കോ്ᩈ സീരനകൾ ോതരോ ന കോ ണവശോല്നം പണ്ᩔി ിവിന് ഉപര ോഗി്കോൻ പോടില്ല. ഇരിന് വി ന്ധമോ ത്പവർ്ᩈന്ങൾ ത്ശ്ധ ിൽത്ᩔ്ᨾോൽ സോപ്ᩈിക ത്കമര്കടോ ി പ ിഗണി്ച് നില്വില്ന്ള നി മ്ങൾ അനനസ ി്ച് കർശന നടപടികൾ സവീക ി്കോനന്ള അധികോ ം ര ോർഡിന് ഉ്ᩂോ ി ി്കനന്രോണ്. ഉപരേശകസമിരി ിതല ഭോ വോഹിരവ്ിലനം അംഗരവ്ിലനം ഉൾത്ടനന ഒ ന വയ്ി്ക് രനടർ് ോ ി ്ന ക്ി്ി നതട കോലോവധി ിൽ കൂടനരൽ സമിരി ിൽ രനട ോൻ അർഹര ഉ്ോ ി ി്നനരല്ല. രി നവിരോംകൂർ രേവസവം ര ോർഡിന്തെ ഭ ണോധികോ ത്ᩈ നം നി ത്രണോധികോ ത്ᩈ നം സമിരിര്കോ, സമിരി ിതല് അംഗ്ങൾര്കോ രചോേയം തച്യോൻ ോതരോ ന അവകോശവനം ഉ്ᩂോ ി ി്കനന്രല്ല. രേവസവം ര ോർഡിന്തെ ഭ ണ്ᩈില്ന്ള രേത്ര്ᩈിതല് ഉപരേശകസമിരി ിൽ അംഗമോ ി്ᨾ ്ള ഒ ോൾ്ക് അരരകോല് വിൽ ര ോർഡ് ഭ ണ്ᩈില്ന്ള മ്റ് രേത്ര്ങ ിരല്ര ോ ഏതര്ഝില്നം സവകോ യ രേത്ര്ങ ിരല്ര ോ ഉപരേശകസമിരി ിരല്ോ മ്റ ഭ ണസമിരി ിരല്ോ അംഗമോ ി ി്കോൻ അർഹര ഉ്ᩂോ ി ി്കനന്രല്ല.” (underline supplied) ## 14. In **Sunil Kumar C. and others v. Travancore** 17 W.P.(C)Nos.32717 & 39926 of 2023 **Devaswom Board and others [2022 (4) KHC 663]** a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party noticed that Clause (18) of the Rules (bye-laws) prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. 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. Therefore, the provisions under Clause (18) of the Rules (bye-laws) provide sufficient safeguards to prevent illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 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. 15. In W.P.(C)No.39926 of 2023, which is one filed by respondents 5 to 7 in W.P.(C)No.32717 of 2023, Ext.P7 order dated 10.04.2023 of the Devaswom Commissioner granting approval to the Temple Advisory Committee of Evoor Sree Krishna Swamy Temple is under challenge. Though the office 18 W.P.(C)Nos.32717 & 39926 of 2023 bearers and one member of that Committee are arrayed as respondents 7 to 10 in that writ petition, other members of the Committee are not in the party array. In the absence of all the affected parties in the party array, the petitioners in W.P(C)No.39926 of 2023 cannot challenge Ext.P7 order in that writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India. 16. During the course of arguments, it is pointed out by the learned counsel for the petitioners in W.P.(C)No.39926 of 2023 that the office bearers of the petitioners – Haindava Samithies have submitted Ext.P3 representation dated 01.04.2023 before the learned Ombudsman, with a copy to the 3[rd] respondent Devaswom Commissioner. In case the petitioners – Haindava Samithies have a legal grievance against the constitution of the Temple Advisory Committee of Evoor Sree Krishna Swamy Temple, it is for them to submit a proper representation before the 2[nd] respondent Travancore Devaswom Board, within a period of three weeks from the date of receipt of a certified copy of this judgment. In which event, the 2[nd] respondent shall consider the same and pass appropriate orders thereon, after taking note of the legal and factual contentions raised by the petitioners and also the Temple Advisory 19 W.P.(C)Nos.32717 & 39926 of 2023 Committee of Evoor Sree Krishna Swamy Temple, as expeditiously as possible, at any rate, within a period of three months. 17. In W.P.(C)No.32717 of 2023, the grievance of the petitioner is regarding various activities of respondents 5 to 7 – Haindava Samithies in connection with the annual festivals and other ceremonies of Evoor Sree Krishna Swamy Temple. In view of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Evoor Sree Krishna Swamy Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Evoor Sree Krishna Swamy Temple according to the usage. The Temple Advisory Committee of Evoor Sree Krishna Swamy Temple, 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. No other committee or organisation shall have no role in the activities and 20 W.P.(C)Nos.32717 & 39926 of 2023 festivals of Evoor Sree Krishna Swamy Temple. In view of the prohibition contained in Clause (18) of the Rules (bye-laws) regarding formation of Temple Advisory Committees in the temples under the management of the Travancore Devaswom Board and the law laid down by this Court in **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** any collection of money from the devotees of Evoor Sree Krishna Swamy Temple, in connection with the annual festival or other ceremonies can only be made by the Temple Advisory Committee of that temple, against sealed coupons issued by the concerned Assistant Commissioner. Therefore, any collection of money from the devotees in connection with the annual festival of Evoor Sree Krishna Swamy Temple of the year 1199 ME (2024) can only be made by the Temple Advisory Committee of that temple, against sealed coupons issued by the 3[rd] respondent Assistant Commissioner. The Temple Advisory Committee or any organisation or Samithi cannot collect any money from the devotees for performing Vazhipadu, Parakkezhunnullippu, etc., in connection with the annual festival of the temple. The 3[rd] respondent Assistant Commissioner shall exhibit an advisory to that effect in the temple premises, for the information of the devotees. The entire 21 W.P.(C)Nos.32717 & 39926 of 2023 activities of the Temple Advisory Committee in connection with the temple festival shall be subject to audit by the audit wing of the Travancore Devaswom Board. With the above directions, these writ petitions are disposed of. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** **G. GIRISH, JUDGE** ded 22 W.P.(C)Nos.32717 & 39926 of 2023 ## **`APPENDIX OF WP(C) 32717/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE RECEIPT NO.346 ISSUED BY THE 6TH RESPONDENT Exhibit P2TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE 2ND RESPONDENT DATED 10.4.2023 Exhibit P3TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT TO THE DEVOTEES Exhibit P4TRUE COPY OF THE COMPLAINT GIVEN BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 26.9.2023 Exhibit P5TRUE COPY OF THE IN INCOME-EXPENDITURE STATEMENT, 2022 PRESENTED IN THE GENERAL BODY MEETING BY THE 5TH RESPONDENT Exhibit P6TRUE COPY OF THE CIRCULAR NO. ROC NO. 3425/23/VIG DATED 8.9.2023 ISSUED BY THE 1ST RESPONDENT ``` ``` Exhibit P7TRUE COPY OF THE LETTER DATED 12/10/2023 ISSUED BY THE 4TH RESPONDENT ``` ``` Exhibit P8TRUE COPY OF THE NOTICE DATED 14.12.2023 ISSUED BY SUB-GROUP OFFICER, EVOOR DEVASWOM ``` ## **`RESPONDENT EXHIBITS`** ``` Exhibit R5(a)TRUE COPY OF THE COMPLAINT GIVEN BY THE RESPONDENTS 5 TO 7 JOINTLY BEFORE THE LEARNED OMBUDSMAN FOR TRAVANCORE DEVASWOM BOARD DATED 01.04.2023 Exhibit R5(b)TRUE COPY OF THE REPLY GIVEN BY THE LEARNED OMBUDSMAN IN COMPLAINT NO. 71/2023 INDICATING TO FORWARD THE SAME FOR DISPOSAL TO THE DEVASWOM COMMISSIONER DATED 11.04.2023 Exhibit R5(c)TRUE COPY OF THE LETTER ADDRESSED TO N.S.S.KARYOGAM NO. 847 BY THE 4TH RESPONDENT DATED 7.07.2023 Exhibit R5(c)(1)TRUE COPY OF THE LETTER ADDRESSED TO VISWA KARMA SAMITHI BY THE 4TH RESPONDENT DATED 07.07.2023 Exhibit R5(c)(2)TRUE COPY OF THE LETTER ADDRESSED TO KALAKETTU SAMITHI BY THE 4TH RESPONDENT DATED 07.07.2023 Exhibit R5(c)(3)TRUE COPY OF THE LETTER ADDRESSED TO S.N.D.P. SAKHAYOGAM NO. 290 BY THE 4TH RESPONDENT DATED Exhibit R5(d)TRUE COPY OF THE LETTER ADDRESSED TO THE S.N.D.P. SAKHAYOGAMNO.290 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit R5(d)(1)TRUE COPY OF THE LETTER ADDRESSED TO THE N.S.S. KARAYOGAMNO.847 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit R5(d)(2)TRUE COPY OF THE LETTER ADDRESSED TO THE VISWAKARAMA SERVICE SOCIETY BRANCH NO. 85 BY THE 4TH RESPONDENT ``` 23 W.P.(C)Nos.32717 & 39926 of 2023 ``` DATED 07.11.2023 ``` ``` Exhibit R5(d)(3)TRUE COPY OF THE LETTER ADDRESSED TO THE K.P.M.S. NO.1385 BY THE 4TH RESPONDENT DATED 07.11.2023 ``` ``` Exhibit R5(d)(4)TRUE COPY OF THE LETTER ADDRESSED TO K.T.M.S. BY THE 4TH RESPONDENT DATED 07.11.2023 ``` ``` Exhibit R5(e)TRUE COPY OF THE RELEVANT EXTRACT OF THE LOCAL LETTER DELIVERY BOOK SHOWING THE RECEIPT OF GRANT FROM DEVASWOM BOARD DATED NIL ``` ``` Exhibit R4(a)TRUE COPY OF THE LETTER ROC NO. 23072/12/NS2 ISSUED BY THE THEN DEPUTY COMMISSIONER DATED 21/5/2014 ``` ``` Exhibit R4(b)TRUE COPY OF THE REPORT NO. 664 OF THE ASSISTANT DEVASWOM COMMISSIONER, HARIPAD DATED 7/4/2023 ``` ``` Exhibit R4(c)TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER DATED 10/4/2023 ``` ``` Exhibit R4(d)TRUE COPY OF THE LETTER DATED 15.9.2023 ADDRESSED TO THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD ``` 24 W.P.(C)Nos.32717 & 39926 of 2023 ## **`APPENDIX OF WP(C) 39926/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE PHOTOGRAPHS OF THE RESPONDENTS 7,9 AND 10 LEADING PROCESSION CONDUCTED BY THE GEETHA SAMITHY IN CONNECTION WITH BHAGAVATHA SAPTHAHA YANJAM CONDUCTED BY THEM Exhibit P2TRUE COPY OF THE PHOTOGRAPH OF ONE OF SUCH HUNDI DISTRIBUTED BY THE 6TH RESPONDENT ``` ``` Exhibit P3TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONERS JOINTLY BEFORE THE LEARNED OMBUDSMAN FOR TRAVANCORE DEVASWOM BOARD DATED 01.04.2023 Exhibit P4TRUE COPY OF THE REPLY GIVEN BY THE LEARNED OMBUDSMAN IN COMPLAINT NO. 71/2023 INDICATING TO FORWARD THE SAME FOR DISPOSAL TO THE DEVASWOM COMMISSIONER DATED 11.04.2023 ``` ``` Exhibit P5TRUE COPY OF THE LETTER ADDRESSED TO N.S.S. KARYOGAM NO. 847 BY THE 4TH RESPONDENT DATED 7.07.2023 Exhibit P5(a)TRUE COPY OF THE LETTER ADDRESSED TO VISWA KARMA SAMITHY BY THE 4TH RESPONDENT DATED 07.07.2023 Exhibit P5(b)TRUE COPY OF THE LETTER ADDRESSED TO KALAKETTU SAMITHY BY THE 4TH RESPONDENT DATED 07.07.2023 Exhibit P5(c)TRUE COPY OF THE LETTER ADDRESSED TO S.N.D.P. SAKHAYOGAM NO. 290 BY THE 4TH RESPONDENT DATED NIL Exhibit P6TRUE COPY OF THE LETTER ADDRESSED TO THE S.N.D.P. SAKHAYOGAM NO.290 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit P6(a)TRUE COPY OF THE LETTER ADDRESSED TO THE N.S.S. KARAYOGAM NO.847 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit P6(b)TRUE COPY OF THE LETTER ADDRESSED TO THE VISWAKARAMA SERVICE SOCIETY BRANCH NO. 859 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit P6(c)TRUE COPY OF THE LETTER ADDRESSED TO THE K.P.M.S. NO.1385 BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit P6(d)TRUE COPY OF THE LETTER ADDRESSED TO K.T.M.S. BY THE 4TH RESPONDENT DATED 07.11.2023 Exhibit P7TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE 3RD RESPONDENT DATED 10.04.2023 Exhibit P8TRUE COPY OF THE NOTIFICATION ROC 1809/09/NS DATED 30.11.2023 Exhibit P9TRUE COPY OF THE NOTICE ISSUED BY THE SUB GROUP OFFICER IN CHARGE, EVOOR DEVASWOM DATED 14.12.2023 ``` 25 W.P.(C)Nos.32717 & 39926 of 2023 ``` Exhibit P10TRUE COPY OF THE MINUTES OF THE MEETING DATED 17.12.2023 ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R11(b) ``` ``` TRUE COPY OF THE REPORT NO. 664 OF ASSISTANT DEVASWOM COMMISSIONER, HARIPAD, DATED 7/4/2023 ``` ``` Exhibit R11(a)TRUE COPY OF THE INCOME AND EXPENDITURE STATEMENT PUBLISHED BY THE 2ND PETITIONER ``` ``` Exhibit – R6(c)A TRUE COPY OF THE REQUEST PREFERRED BY GEETHA SAMITHY TO THE EVOOR SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD DATED 28.07.2021 ``` ``` Exhibit – R6(a)TRUE COPY OF THE REQUEST PREFERRED BY THE PRESIDENT, EVOOR SREE KRISHNA GEETHA SAMITHY TO THE DEVASWOM BOARD DATED 20.08.1989 ``` ``` Exhibit – R6(b) ``` ``` Exhibit – R6(d) ``` ``` TRUE COPY OF THE COMPLAINT PREFERRED BY THE EVOOR SREE KRISHNA GEETHA SAMITHY TO THE EVOOR SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD DATED 06.07.2021 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT COMMISSIONER PERMITTING RESPONDENT SAMITHY TO HOST KATHAKALI FOR THE YEAR 2021 DATED 18.08.2021 ``` ``` Exhibit – R6(e)TRUE COPY OF THE ORDER ISSUED BY 4TH RESPONDENT COMMISSIONER PERMITTING RESPONDENT SAMITHY TO HOST SAPTHAHAYAJNAM FOR THE YEAR 2021 DATED 24.08.2021 ```