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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
G. Vyasan, S/o. Govindan & Ors. - Petitioners
Versus
State of Kerala, Represented by the Principal Secretary to the Government Revenue (Devaswom) Department & Ors. - Respondents
W.P.(C) No. 18621 of 2023
Decided On : 07-08-2023
Travancore-Cochin Hindu Religious Institutions Act, 1950 - The Act provides for the administration, supervision, and control of Devaswoms and Hindu Religious Endowments. Section 3 vests the administration of Devaswoms in the Travancore Devaswom Board. Section 15 grants the Board rights, authority, and jurisdiction over Devaswoms and Hindu Religious Endowments. Section 15A outlines the duties of the Board, including ensuring the performance of traditional rites and ceremonies and the maintenance of religious institutions. Section 31A allows for the formation of Temple Advisory Committees to ensure the participation of Hindu devotees. The court referred to previous judgments that interpreted and applied these provisions.
Fact of the Case:
The petitioners, devotees and nearby residents of Sree Sarkara Devi Temple, filed a writ petition seeking a writ of mandamus to ensure a peaceful atmosphere in the temple and protect their right to worship. They also sought orders to prevent illegal use of the temple premises for conducting mass drill and weaponry training. The respondents, including the Travancore Devaswom Board, filed counter affidavits denying the allegations. The police conducted an enquiry and found no law and order issues. The Board issued circulars prohibiting such activities in the temple. The court heard arguments from all parties.
Finding of the Court:
The court examined the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950, which vests the administration of Devaswoms in the Travancore Devaswom Board. It also considered the rules framed by the Board for the formation of Temple Advisory Committees. The court referred to previous judgments that clarified the role of Temple Advisory Committees and the rights of worshippers. The court held that the temple premises cannot be used for conducting mass drill or weaponry training. It directed the Devaswom Commissioner and the Administrative Officer to ensure strict compliance with the circulars prohibiting such activities.
Ratio Decidendi: The court held that the temple premises cannot be used for conducting mass drill or weaponry training. The Travancore Devaswom Board has the authority to manage the temple and arrange for the conduct of worship and festivals according to the usage. The Temple Advisory Committee shall assist the Board in the smooth functioning of temple activities and festivals. The court directed strict compliance with the circulars prohibiting such activities in the temple.
Result: The court disposed of the writ petition by directing the Devaswom Commissioner and the Administrative Officer to ensure strict compliance with the circulars prohibiting mass drill and weaponry practices in the temple premises. The police were also directed to assist in enforcing the prohibition.
JUDGMENT :
Anil K. Narendran, J.
The petitioners, who are the devotees and nearby residents of Sree Sarkara Devi Temple, Chirayinkeezhu, which is a temple under the management of the 2nd respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 5 to ensure a ‘peaceful and calm atmosphere’ in Sree Sarkara Devi Temple, upholding the divinity of 'Sanctum Sanctorum', thereby protecting the 'right to worship' of the petitioners, enshrined under Article 21 of the Constitution of India. The petitioners have also sought for a writ of mandamus commanding the 4th respondent Administrative Officer of Sree Sarkara Devi Temple to consider Ext.P2 representation dated 24.04.2023, within a time frame to be fixed by this Court and to redress the grievance ventilated by the petitioners forthwith; a writ of mandamus commanding the 3rd respondent Devaswom Commissioner to consider Ext.P3 representation dated 15.05.2023, within a time frame to be fixed by this Court and to redress the grievance ventilated by the petitioner forthwith; a writ of mandamus commanding respondents 2 to 4 to take prompt steps to issue orders to prevent illegal use and unauthorised occupancy of Sree Sarkara Devi Temple and its premises by respondents 6 and 7, for conducting ‘mass drill’ and ‘weaponry training’, in strict compliance with Ext.P1 circular dated 30.03.2021 issued by the 3rd respondent Devaswom Commissioner and Ext.P4 circular dated 18.05.2023 issued by the 2nd respondent Travancore Devaswom Board and based on the directions by this Court on similar matters; and a writ of mandamus commanding the 5th respondent Station House Officer, Chirayinkeezhu Police Station to afford adequate protection and ensure strict enforcement of law and order in strong and effective implementation of Exts.P1 and P4 circulars.
2. Going by the averments in the writ petition, the petitioners are aggrieved by the illegal encroachment and occupying of temple premises at the behest of respondents 6 and 7 styling themselves to be the members of Rashthriya Swayam Sevak Sangh (RSS) for conducting mass drills and weaponry training during 05.00 p.m. to 12.00 a.m. on all days. Respondents 3 and 4 have already issued Exts.P1 and P4 circulars to prevent unauthorised use of temple and its premises, but the same was not seen strictly implemented in its vigour and spirit.
3. By the order dated 13.06.2023 in I.A.No.1 of 2023, the writ petition was amended and accordingly, the petitioners filed the amended writ petition.
4. On 20.06.2023, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice on admission for respondents 1 and 5. 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 6 and 7, returnable by 26.06.2023. The learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions.
5. On 26.06.2023, when this writ petition came up for consideration, the learned Senior Government Pleader, on instructions from the 5th respondent Station House Officer, Chirayinkeezhu Police Station submitted that based on the complaint made by the 4th respondent Administrative Officer, the Station House Officer has conducted an enquiry and found that at present, there is no law and order issues.
6. The 2nd respondent has filed a counter affidavit dated 11.07.2023. Paragraphs 4 to 6 of that counter affidavit read thus;
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
The main legal point established in the judgment is the legal impermissibility of unauthorized committees collecting funds in Hindu religious institutions, emphasizing the need for strict compliance ....
Temple Advisory Committees must operate strictly within the authority granted by the Travancore Devaswom Board, and deviations from prescribed conduct can lead to legal challenges and sanctions.
Temples under the management of the Travancore Devaswom Board must remain apolitical, following the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, which prohibits politica....
The Travancore Devaswom Board must ensure proper maintenance of temples, and the Temple Advisory Committee is authorized to collect funds for renovations under strict compliance with statutory proced....
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
The central legal point established in the judgment is the duty of the Travancore Devaswom Board to manage temple properties, perform traditional rites, and ensure compliance with statutory duties an....
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