IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, G. GIRISH, JJ.
Suo Motu - Petitioner
Versus
State of Kerala, Represented by the Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat & Ors. - Respondents
DBP No. 8 of 2024
Decided On : 25-01-2024
Kodikoora Samarpanam - Hindu Religious Institutions Act - Section 3, 15A, 31, 31A - The court discussed the provisions of the Travancore-Cochin Hindu Religious Institutions Act, emphasizing the duty of the Board to ensure the proper conduct of traditional rites and ceremonies, the formation of Temple Advisory Committees, and the rules governing their objectives, office bearers, and prohibitions. The court also referred to previous judgments highlighting the duty of the Board and the Advisory Committee to perform their functions in accordance with the Act and the rules.
Fact of the Case:
The court addressed a complaint regarding irregularities in the conduct of 'Kodikoora Samarpanam' during the annual festival of Ettumanoor Sree Mahadeva Temple. The court analyzed the provisions of the Hindu Religious Institutions Act and previous judgments related to the duties of the Board and the Advisory Committee.
Finding of the Court:
The court found that the activities related to 'Kodikoora Samarpanam' must be conducted in accordance with the directions issued by the court in previous judgments, and the Board and the Advisory Committee have a duty to ensure the proper conduct of traditional rites and ceremonies.
Issues: The issues involved the proper conduct of 'Kodikoora Samarpanam' during the annual festival, the duties of the Board and the Advisory Committee, and compliance with the directions issued by the court in previous judgments.
Ratio Decidendi: The court emphasized the duty of the Board and the Advisory Committee to perform their functions in accordance with the provisions of the Hindu Religious Institutions Act and the rules governing the formation and operation of the Advisory Committee.
Final Decision: The court disposed of the case, directing the Advocate Commissioner to oversee the activities related to 'Kodikoora Samarpanam' to ensure compliance with the court's directions and the provisions of the Act.
ORDER :
Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated 06.01.2024, based on a complaint dated 03.01.2024 regarding ‘Kodikoora Samarpanam’ during the annual festival for the year 1199 ME (2024) of Ettumanoor Sree Mahadeva Temple, which is a major temple under the management of the 2nd respondent - Travancore Devaswom Board. In the complaint, the complainant has pointed out various irregularities in the conduct of ‘Kodikoora Samarpanam’. A copy of the judgment of this Court dated 06.02.2015 in W.P.(C) No.3258 of 2015, a copy of the relevant extract of the register maintained by the 4th respondent - Administrative Officer regarding ‘Kodikkayar’ and ‘Kodikoora’ Samarpanam during the annual festival are also enclosed along with the complaint.
2. On 10.01.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom submitted that the annual festival in Ettumanoor Sree Mahadeva Temple will commence on 11.02.2024. The learned Standing Counsel sought time to get instructions on the complaint made by the complainant. The learned Government Pleader entered appearance for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4. This Court issued notice to the 5th respondent Temple Advisory Committee by e-mail, through the 4th respondent - Administrative Officer of Ettumanoor Sree Mahadeva Temple, returnable by 18.01.2024.
3. On 18.01.2024, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that since the 4th respondent - Administrative Officer does not have an official e-mail ID, the email ID of the Assistant Devaswom Commissioner, Ettumanoor was furnished. By the order dated 18.01.2024, the Assistant Devaswom Commissioner, Ettumanoor, was suo motu impleaded as the additional 6th respondent. The learned Standing Counsel sought time to get instructions from the Assistant Devaswom Commissioner as to whether notice has already been served on the 5th respondent - Temple Advisory Committee.
4. On behalf of the 2nd respondent - Travancore Devaswom Board, an affidavit dated 22.01.2024 has been placed on record, wherein it is stated that the annual festival of Ettumanoor Sree Mahadeva Temple of the year 1199 ME will commence on 11.02.2024 with Kodiyettam and will end on 20.02.2024 with Arattu. The festival is conducted strictly following the customs, traditions and rituals of the temple. The annual festival is conducted by the Board in association with the 5th respondent Temple Advisory Committee, with the cooperation of all the devotees. ‘Kodikkoora’ and ‘Kodikkayar’ for hoisting the flag are made at Chengalam Vadakkedathu Illam, which will be collected by the 4th respondent - Administrative Officer and brought to the temple in a procession from Chengalam Sree Bhagavathy Temple, via Arpookkara Sree Subramania Swamy Temple, Kuttianikulangara Sree Bhagavathy Temple and Mariyamman Kovil Devasthanam. All activities connected with the above ritual are done with the assistance of the 5th respondent Temple Advisory Committee, with the cooperation of all the devotees and strictly conforming to the directions issued by this Court in W.P.(C)No.3258 of 2015. Every year, ‘Kodikkayar’ and ‘Kodikkoora’ will be offered by some devotees as Vazhipadu, who will bear the expense of making and bringing the same from Vadakkedathu Illam, Chengalam to Ettumanoor Sree Mahadeva Temple. The devotee offering ‘Kodikkayar’ and ‘Kodikkoora’ will not be permitted to publish any notice in their name or collect any money from the public in connection with the same. The 4th respondent - Administrative Officer maintains a register recording the names of the devotees who offer ‘Kodikkoora’ and ‘Kodikkayar’ for the annual festival. For the year 1199 ME (2024), two persons, namely, Chandrasekharan Nair, Kummanam, Kottayam and Kannan Kadapoor, Vattukulam, expressed their interest in offering ‘Kodikkoora’ and ‘K
Sunil Kumar C. and others v. Travancore Devaswom Board and others
Major Vellayani Devi Temple Advisory Committee v. State of Kerala
The court ruled that the Travancore Devaswom Board cannot grant permissions for rituals that are not part of traditional practices, emphasizing the need for transparency and the necessity of full dis....
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 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 ....
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Section 62 of Act deals with vesting of administration in Board.
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....
The court mandated that the activities of the committee for conducting religious ceremonies must comply with the bye-laws under the Travancore-Cochin Hindu Religious Institutions Act, ensuring transp....
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.