Point of Law: Administration of Temple - Duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs.

ORDER :

Anil K. Narendran, J.

By the proceedings dated 17.02.2022, Registry was directed to register this DBP suo motu, based on a news item that appeared in Kerala Kaumudi daily dated 17.02.2022 that there were protests from priests in the auction of 'balitharas' at Aluva Shivratri Manappuram in connection with Mahashivratri Festival, 2022, and list the matter before the Devaswom Bench on 18.02.2022.

2. On 18.02.2022, when this DBP came up for consideration at 10.15 a.m., the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board submitted that, on 15.02.2022 and thereafter on 16.02.2022, auction proceedings were obstructed at the leadership of Sri.Radhakrishna Wadhyar, who is the Aluva Mandalam Secretary of Archak Purohit Sabha. The learned Standing Counsel for Travancore Devaswom Board was directed to file a memo furnishing the address of Sri.Radhakrishna Wadhyar and the matter was ordered to be listed at 1.00 p.m. When the matter was taken up again at 1.00 p.m., the learned Standing Counsel furnished the address and mobile number of Sri.Radhakrishna Wadhyar, along with a memo.

3. By the order dated 18.02.2022, Sri.Radhakrishna Wadhyar was suo motu impleaded as the additional 8th respondent. The learned Senior Government Pleader took notice for respondents 1 and 5 to 7 and the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 4. Urgent notice was ordered to the additional 8th respondent, through the 7th respondent Station House Officer, Aluva East Police Station. Registry was directed to e-mail a scanned copy of the DBP and the order dated 18.02.2022 to the e-mail ID of the 7th respondent and the said respondent was directed to ensure service of notice on the additional 8th respondent, on 18.02.2022 itself, along with a copy of the DBP and also the order dated 18.02.2022. The 6th respondent Superintendent of Police (Rural) and the 7th respondent Station House Officer were directed to take necessary steps, well in advance, to ensure that there is no obstruction whatsoever in the auction of balitharas scheduled to be held on 22.02.2022, and the DBP was ordered to be listed on 21.02.2022.

4. On 21.02.2022, when this DBP came up for consideration, the additional 8th respondent entered appearance through counsel and filed a counter affidavit, wherein it is stated that, when the 4th respondent Administrative Officer, Aluva Sree Mahadevar Temple insisted to start the auction of balitharas with a base price of Rs.1,50,000/-, most of the purohits/shantis objected to the same. They informed the 4th respondent that normally around 300 to 400 people can perform 'balitharpanam' in a balithara on Shivratri day. Due to Covid-19 restrictions only a few devotees will come to Aluva Manappuram for balitharpanam. There was no obstruction from the side of the 8th respondent or others, except the representation filed before the 4th respondent, who may be directed to fix the base price starting from Rs.10,000/-. In the counter affidavit, it is alleged that, the 4th respondent allotted certain balitharas to 3 purohiths/shanthis at the rate Rs.10,000/-. At the same time, the 4th respondent is insisting others to pay Rs.1,50,000/-.

5. The learned Standing Counsel for Travancore Devaswom Board, on instructions, submitted that during the year 2020, balitharas at Shivratri Manappuram were auctioned for amounts ranging between Rs.11,000/-to Rs.1,67,000/-, depending upon the proximity of river bank and other considerations. When the 4th respondent Administrative Officer attempted to conduct auction on 15.02.2022 and thereafter on 16.02.2022, the same was obstructed at the leadership of the additional 8th respondent.

6. The learned counsel for the additional 8th respondent submitted that the said respondent has not caused any obstruction whatsoever to the auction proceedings conducted by the 4th respondent. He has only voiced his grievance against the rate fixed for balitharas.