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2013 Supreme(SC) 1428

SUPREME COURT OF INDIA
R.M. LODHA, A.K. PATNAIK, JJ.
SRI MARTHANDA VARMA AND ANR. - Petitioners
Vs.
STATE OF KERALA & ORS. - Respondents
Special Leave to Appeal (Civil) No(s).11295/2011 WITH SLP(C) NO. 12361 of 2011, SLP(C) NOS. 17081-17082 of 2011, W.P. (C) No. 518 of 2011
Decided On : 13-02-2013

Advocates Appeared:
Mr. Gopal Subramanium, Sr. Adv. (Amicus Curiae), Mr. Aporva Kurup, Adv., Mr. Ardhendumauli Kumar Prasad, Adv., Mr. Nishit Agrawal, Adv.
For the Petitioners: Mr. K.K. Venugopal, Sr. Adv., Mr. Krishnan Venugopal, Sr. Adv., Mr. Parameswaran Nair, Adv.,Mr. Shyam Mohan, Adv., Ms. Ashwati Balraj, Adv., Mr. B.V. Deepak, Adv. For M/S. T.T.K. Deepak & Co., Mr. M.K.S. Menon, Adv., Mr. Robin V.S., Adv., Ms. Sharika Surendran, Adv., Ms. Asha Gopalan Nair, Adv., Mr. Nishe Rajen Shonker, Adv.
For the Respondents: Mr. P.B. Suresh, Adv., Mr. Vipin Nair, Adv. Adv., Mr. T.K. Anandpadmanabhan, Adv., Mr. Udayatiya Banerjee, Adv. for M/s. Temple Law Firm, Ms. Rashmi Malhotra, Adv., Mr. M. Khairati, Adv., Ms. Sonam Anand, Adv. for Mr. D.S. Mahra, Adv., Ms. Liz Mathew ,Adv., Ms. Sana Hashmi, Adv., Mr. Philip Mathew, Adv., Mr. R. Sathish, Adv., Mr. V. Ramasubramanian, Adv., Mr. C.K. Sasi, Adv., Mr. Sajith. P, Adv., Mr. Nishe Rajen Shonker, Adv., Mr. Deepak Dixit, Adv., Mr. Balaji Srinivasan, Adv., Mr. Jaikriti S. Jadeja, Adv., Mr. K. Vijay Kumar, Adv., Mr. Sivan Madathil, Adv., Ms. Usha Nandini V., Adv., Mr. Biju P. Raman, Adv., Mr. Vishnu Shankar, Adv., Mr. Sanand Ramakrishnan, Adv.

The court has the authority to issue directions for the proper administration and management of religious institutions under Section 20 of the Travancore Cochin Hindu Religious Institutions Act, 1950.

Headnote:
Section 20 - Travancore Cochin Hindu Religious Institutions Act, 1950 - The court issued directions for the administration and management of the Sree Padmanabhaswamy Temple, including the appointment of a Committee, Executive Officer, and Assistant Executive Officer, as well as compliance timelines for various tasks.
Fact of the Case:

The court issued directions for the administration and management of the Sree Padmanabhaswamy Temple, including the appointment of a Committee, Executive Officer, and Assistant Executive Officer, as well as compliance timelines for various tasks.
Finding of the Court:

The court directed the appointment of key personnel and set timelines for compliance with various administrative and management tasks related to the temple.
Issues: Administration and management of the Sree Padmanabhaswamy Temple, appointment of key personnel, compliance with administrative tasks.
Ratio Decidendi: The court's decision was based on the provisions of Section 20 of the Travancore Cochin Hindu Religious Institutions Act, 1950, which empowers the court to issue directions for the proper administration and management of religious institutions.
Final Decision: The court directed the appointment of key personnel and set timelines for compliance with various administrative and management tasks related to the temple.

ORDER :

1. We have heard Mr. Gopal Subramanium learned Amicus Curiae and Mr. K.K. Venugopal, learned senior counsel for the petitioners in S.L.P. (C) Nos. 11295 of 2011 and 12361 of 2011.

2. Section 20 of the Travancore Cochin Hindu Religious Institutions Act, 1950 provides that there shall be a Committee to advise the Ruler of Travancore in the discharge of his functions. The Committee shall be known as "Sree Padmanabhaswamy Temple Committee" and composed of three Hindu members nominated by the Ruler of Travancore. The tenure of the members of the Committee may be determined by the Ruler.

3. We are informed by Mr K.K. Venugopal, learned senior counsel, that the Committee on January 8, 2013 resolved that the Trustee may appoint a nominee of his choice to report the conduct of administration and to act according to the directions by the Trustee from time to time.

4. Pursuant to the above resolution, we are further informed that the Ruler (trustee) has nominated Mr. Adithya Varma as his honorary nominee to report on the conduct of administration of Sree Padmanabhaswamy Temple and to act according to the directions issued from time to time.

5. Mr. K.K. Venugopal also informed us that within 10 days from today, the Executive Officer shall be appointed along with one Assistant Executive Officer and as suggested by Mr. Gopal Subramanium, learned Amicus Curiae, Mr. Gopal Padmanabhan shall be appointed as Assistant Executive Officer.

6. We accept the above statements of Mr. K.K. Venugopal.

7. On December 12, 2012, we issued further directions on the report submitted by Mr. Gopal Subramanium, learned Amicus Curiae in continuation of our earlier orders.

8. With regard to para 3(a) of the Report, further time of one week is granted for compliance.

9. Pursuant to our direction for strengthening of Kallaras ’A’,’C’,’D’,’E’ and ’F’, we are informed that measurement of Kallaras ’C’,’D’,’E’ and ’F’ will be completed within four weeks. Let measurement of these Kallaras be completed within this time.

10. As regards inventorisation of certain items in respect of utensils and ornaments used for the purpose of worship in Kallaras D, E and F, we grant further time of four weeks for compliance.

11. As regards the suggestion contained in para 8 of the Report, further time of two weeks is granted for compliance.

12. In respect of suggestion given in para 9 of the report, further time of one week is granted for compliance.

13. As regards suggestion given in para 10 of the report, further time of one week is granted for compliance.

14. In respect of suggestion given in paras 15 & 16 of the report, further time of two weeks is granted for compliance.

15. As regards additional security measures, further time of two weeks is granted for compliance.

16. As regards inventorisation, we are informed that time schedule given in the order dated December 12, 2012 shall be maintained and within nine months, the task will be completed. We accept the statement.

17. As regards suggestion contained in para 32 of the report, we are informed that Mr. Gopalakrishnan of M/s. Srinivasa & Krishna, Chartered Accountants has been appointed as the Auditor of the Temple. Thus, the said suggestion has been complied with.

18. We accept and record the statement of Mr. K.K. Venugopal, learned senior counsel for the petitioners in S.L.P. (C) Nos. 11295 of 2011 and 12361 of 2011, which he earlier made on December 12, 2012, that all requisite religious practices are being followed.

19. We are informed that representations received by learned Amicus Curiae from various groups have now been handed over to Justice M.N. Krishnan (Retd.), who will consider those representations in consultation with the Executive Officer as soon as he is appointed.

20. As already directed on December 12, 2012, the Government of Kerala and Corporation of Trivandrum shall ensure that Padmatheertham and Mitranandapuram tanks are cleaned by March 12, 2013 positively.

21. List this group of matters for further hearing on April 8, 20

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2013 Supreme(SC) 1428

SUPREME COURT OF INDIAR.M. LODHA, A.K. PATNAIK, JJ.SRI MARTHANDA VARMA AND ANR. - PetitionersVs.STATE OF KERALA & ORS. - RespondentsSpecial Leave to Appeal (Civil) No(s).11295/2011 WITH SLP(C) NO. 12361 of 2011, SLP(C) NOS. 17081-17082 of 2011, W.P. (C) No. 518 of 2011 Decided On : 13-02-2013

The court has the authority to issue directions for the proper administration and management of religious institutions under Section 20 of the Travancore Cochin Hindu Religious Institutions Act, 1950.

SUPREME COURT OF INDIA
R.M. LODHA, A.K. PATNAIK, JJ.
SRI MARTHANDA VARMA AND ANR. - Petitioners
Vs.
STATE OF KERALA & ORS. - Respondents
Special Leave to Appeal (Civil) No(s).11295/2011 WITH SLP(C) NO. 12361 of 2011, SLP(C) NOS. 17081-17082 of 2011, W.P. (C) No. 518 of 2011
Decided On : 13-02-2013