IMPORTANT POINT
The central legal point established in the judgment is the duty of the Cochin Devaswom Board to administer Devaswom properties and ensure the proper conduct of religious festivals in accordance with the Travancore-Cochin Hindu Religious Institutions Act, 1950.

This DBA is filed by the Cochin Devaswom Board seeking an order to issue appropriate directions to the respondents regarding solid waste management in Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) during Thrissur Pooram of the year 1199 ME (2024) and to issue necessary directions to the respondents to implement the directions contained in Annexure A3 report dated 10.10.2023 issued by the Internal Vigilance Wing of the Local Self Government Department. This DBA is filed in terms of the directions contained in Annexure A1 order dated 04.01.2024 of a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, in DBP No.3 of 2023, which was registered based on Report No.39 of the learned Ombudsman in Complaint No.52 of 2022 made by a devotee regarding disposal of the waste accumulated in Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) in connection with Thrissur Pooram.

2. On 05.04.2024, when this DBA came up for consideration, the learned Standing Counsel for the 4th respondent Thrissur Municipal Corporation, the learned Senior Counsel for 5th respondent Paramekkavu Devaswom, the learned counsel for the 6th respondent Thiruvambady Devaswom and the learned Senior Counsel for the 7th respondent Thrissur Pooram Exhibition Committee entered appearance and the matter was adjourned for getting instructions.

3. Heard the learned Standing Counsel for Cochin Devaswom Board for the applicant, the learned Senior Government Pleader for respondents 2 and 3, the learned Standing Counsel the 4th respondent Thrissur Municipal Corporation, the learned Senior Counsel for 5th respondent Paramekkavu Devaswom, the learned counsel for the 6th respondent Thiruvambady Devaswom and the learned counsel for the 7th respondent Thrissur Pooram Exhibition Committee.

4. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board under subsection (1) of Section 62 shall be dealt with as Devaswom Properties.

5. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund.

6. Section 73A of the Act deals with the duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees.

7. In K.B. Sumodh v. Commissioner, Cochin Devaswom Board and othe