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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
SUO MOTU – Petitioner
Versus
STATE OF KERALA – Respondent
D.B.P. No. 64 of 2022
Decided On : 13-12-2022
Kerala Revenue Recovery Act, 1968 - Section 71, 2(j) - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Guruvayur Devaswom Act, 1978 - Temple - Dissolve Temple Advisory Committee - Defaulted payment of balance bid amount - Recover balance - Filed by 6th respondent seeking a writ of mandamus commanding Travancore Devaswom Board and its Commissioner to dissolve Temple Advisory Committee of Temple and to constitute a new Temple Advisory Committee, in accordance with law, as early as possible - Board/Managing Committee, being trustee in management of Devaswom properties, is legally bound to perform its duty with utmost care and caution.
Findings of the Court:
Court deem it appropriate to direct additional 7th respondent to proceed with request made by 3rd respondent in Annexure R1(a) to issue a similar notification under Section 71 of Kerala Revenue Recovery Act, 1968, to make applicable provisions of said Act to recover amounts due to Board from any person or class of persons, as expeditiously as possible, at any rate, within a period of one month date of this order - Learned Standing Counsel for Travancore Devaswom Board, learned Standing Counsel for Cochin Devaswom Board and learned Standing Counsel for Guruvayur Devaswom Managing Committee are directed to place on record details of Kuthaka holders, who have defaulted payment of balance bid amount, for year 1198 ME (2022) and also for last three years; proceedings, if any, initiated against such defaulters for recovering defaulted amount and for black-listing; and whether any such defaulters are holding Kuthaka rights in temples under its management for current year.
Result: Ordered accordingly.
ORDER :
1. This DBP is registered suo motu based on the directions contained in the judgment of this Court dated 18.10.2022 in W.P. (C) No. 25350 of 2022, which was one filed by the 6th respondent herein - Anil Kumar R. along with Sunil Kumar G. who are devotees of Lord Ganapathy of Kottarakkara Sree Maha Ganapathi Temple, seeking a writ of mandamus commanding the Travancore Devaswom Board and its Commissioner to dissolve the Temple Advisory Committee of the said Temple and to constitute a new Temple Advisory Committee, in accordance with law, as early as possible. It has come out, during the pendency of that writ petition, that the 6th respondent herein - Anil Kumar R. has defaulted payment of the balance bid amount of Rs. 67,00,000/- in respect of Kuthaka right for conducting pooja stall in Kottarakkara PD Manikandeswaram Temple for the year 2020-21. On 12.08.2022, the learned Standing Counsel for Travancore Devaswom Board made available for the perusal of this Court a copy of the judgment dated 06.07.2021 in W.P. (C) No. 13039 of 2020, in which the 6th respondent herein was the 2nd petitioner. The learned Standing Counsel for the Board was directed to get instructions on the action, if any, taken to recover the balance bid amount from the 6th respondent herein, after the dismissal of W.P. (C) No. 13039 of 2020, by the judgment dated 06.07.2021 - Suresan Nair T.S. and Others vs. Travancore Devaswom Board and Others, 2021 (6) KHC 837 and whether he is holding Kuthaka right in any temple under the management of the Travancore Devaswom Board. On 18.10.2022, when W.P. (C) No. 25350 of 2022 came up for consideration, the learned Standing Counsel for the Board submitted that the 6th respondent herein is yet to make the payment of the balance bid amount together with interest, which comes to Rs. 67,50,100/- in respect of Kuthaka right in Kottarakkara PD Manikandeswaram Temple for the year 2020-21.
2. In the judgment dated 18.10.2022 in W.P.(C) No. 25350 of 2022 this Court noticed that even after the dismissal of W.P. (C) No. 13039 of 2020 by the judgment dated 06.07.2021, the Administrative Officer of Kottarakkara PD Manikandeswaram Temple and the Assistant Devaswom Commissioner, Kottarakkara Group have not taken any steps against the 6th respondent herein, for recovering the balance bid amount, openly flouting the law laid down by this Court in Abu K.S. vs. Travancore Devaswom Board, 2022 SCC Online Ker. 1642 and Suneesh K.S. vs. Travancore Devaswom Board, ILR 2022 (1) Ker. 1091. While dismissing W.P. (C) No. 25350 of 2022, by the judgment dated 18.10.2022, Registry was directed to initiate a suo motu proceedings on the default committed by the 6th respondent herein in remitting the balance bid amount and the inaction on the part of the Board and its officials in initiating coercive steps against him for recovering the said amount together with 18% penal interest and proceedings for black-listing. The learned Standing Counsel for the Board was directed to get instructions as to whether the 6th respondent herein is the holder of Kuthaka right in any temple under the management of the Board.
3. On 27.10.2022, when this DBP came up for consideration, the learned Senior Government Pleader took notice for respondents 1 and 2. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 3 to 5. Notice was ordered to the 6th respondent by speed post, returnable within three weeks. The learned standing Counsel was directed to place on record the request made by the Board, before the State Government for issuing notification under the provisions of the Kerala Revenue Recovery Act, 1968.
4. On 21.11.2022, the learned Standing Counsel for Travancore Devaswom Board has placed on record, Annexure R1(a) request dated 08.11.2022 of the Board, before the 1st respondent State, to issue a notification under Section 71 of the Kerala Revenue Recovery Act, 1968, to make applicable the provisions of the said Act to the recovery of
Section 71 of Act deals with power of Government to declare Act applicable to any institution.
Alteration of circumstances does not lead to frustration of contract and that doctrine of frustration has to be applied narrowly.
Devaswom Boards are trustees with a legal obligation to protect and manage the properties of the Devaswoms, and failure to do so constitutes a breach of trust.
The notice issued for revenue recovery was barred by limitation, affirming trustee obligations in managing temple properties.
The court established that the Travancore Devaswom Board has a robust obligation to manage and protect the properties of Devaswoms, reinforcing the necessity for careful credential scrutiny of staff ....
Trustees of religious institutions must adhere to fiduciary duties and statutory guidelines to safeguard temple funds and avoid conflicts of interest.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
The Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.
The court ruled that a compromise decree is binding on parties involved, and a temple advisory committee cannot re-agitate settled issues regarding ritual performance and fund collection without appr....
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
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