Point of Law: Section 62 of Act deals with vesting of administration in Board.

ORDER :

(Anil K. Narendran, J.)

This DBP is registered suo motu, vide proceedings dated 14.07.2023, based on a news report that appeared in Malayala Manorama daily dated 13.07.2023 in connection with 'Naalambala Darshanam' of the year 2023. In connection with 'Naalambala Darshanam' of the year 2022, this Court issued various directions in the judgment dated 01.11.2022 in W.P.(C) No.25929 of 2022. Paragraphs 18 and 19 of the said judgment read thus;

“18. In view of the provisions under the Travancore-Cochin Hindu Religious Charitable Endowments Act, referred to hereinbefore, the Travancore Devaswom Board and the Cochin Devaswom Board and [in view of the provisions under the Koodalmanikyam Devaswom Act referred to hereinbefore], the Koodalmanikyam Devaswom, in discharge of their statutory duty, have to see that regular traditional rites and ceremonies, according to the practice prevalent in the religious institutions under its management are performed promptly and they have to establish and maintain proper facilities for the devotees in the temples under their management. They have to manage the properties of the respective Devaswoms and arrange for the conduct of daily worship and ceremonies and of the festivals in every temple under its management, according to its usage. Insofar as Sree Shathrughnan Temple, Payammal is concerned, the conduct of daily worship and ceremonies and of the festivals in that temple have to be conducted according to its usage, by those who are in the management of that temple. Therefore, based on any decision taken in the meeting of co-ordination committee, a preferential treatment in those temples for the devotees who avail Pilgrim Tourism Packages of KSRTC cannot be introduced, during ‘Nalambala Darshanam’.

19. In the above circumstances, we deem it appropriate to dispose of this writ petition, by making the interim order dated 12.08.2022 absolute, by holding that the provision of a separate queue for the devotees in Thriprayar Sree Ramaswami Temple, Sree Koodalmanikyam Temple, Thirumoozhikkulam Sree Lakshmana Temple and Payammal Sree Shathrughnan Temple, who avail the Pilgrim Tourism Packages of KSRTC for ‘Nalambala Darshanam’, is per se arbitrary and illegal, which cannot be permitted to continue. Therefore, all the devotees have to follow the queue system in the temples for ‘Nalambala Darshanam’. However, a separate queue has to be provided for senior citizens, differently-abled and mentally challenged persons and such other special categories of persons, who require special attention and care.”

2. On 14.07.2023, when this DBP came up for consideration, the respective Standing Counsel for Travancore Devaswom Board, Cochin Devaswom Board and Koodalmanikyam Devaswom sought time to get instructions. The learned Senior Government Pleader was directed to get instructions from the District Administration and also the District Police on the arrangements already made in connection with 'Naalambala darshanam'. In the order dated 14.07.2023, this Court made it clear that, in terms of the statutory provisions referred to in the judgment dated 01.11.2022 in W.P.(C)No.25929 of 2022, it is for the Cochin Devaswom Board, Travancore Devaswom Board and Koodalmanikyam Devaswom to ensure that proper facilities are provided to all the devotees in the respective temples for 'Naalambala Darshanam'.

3. Heard the learned Senior Government Pleader for the 1st respondent State, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 and 6, the learned Standing Counsel for Cochin Devaswom Board for respondents 3 and 4, the learned Senior Counsel for Koodalmanikyam Devaswom for the 5th respondent and also the learned counsel for the 7th respondent Executive Officer of Sree Shathrughna Temple, Payammal.

4. 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