IMPORTANT POINT
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 with the legal provisions and rules governing the management of such institutions.

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu vide proceedings dated 06.01.2024, based on a complaint dated nil received from a devotee by name Anilkumar M., pointing out the functioning of a Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple, a temple under the management of the 2nd respondent Travancore Devaswom Board. In the complaint, it is stated that the Temple Development Committee is going to conduct ‘Sapthaham’ by collecting huge amounts from the devotees. The complainant has also enclosed the information received from the State Public Information Officer, in the office of the District Registrar (General), in order to show that the registration of the Temple Development Committee has not been renewed from the year 2015 onwards.

2. On 10.01.2024, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the activities undertaken by the Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple and whether there is an elected Temple Advisory Committee in that temple, constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950.

3. On 12.01.2024, when this matter came up for further consideration, Registry was directed to list this matter on 17.01.2024, along with the judges’ papers in DBP No.111 of 2023.

4. On 17.01.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board, on instructions from the 4th respondent Administrative Officer, submitted that the 5th respondent Temple Development Committee (Kshethra Vikasana Samithi) was permitted to conduct ‘Sapthaham’ during the period from 01.01.2024 till 08.01.2024, based on the permission granted by the 3rd respondent Devaswom Commissioner. The learned Standing Counsel was directed to produce a copy of that order of the Devaswom Commissioner, along with a memo. The learned Senior Government Pleader entered appearance for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4. Notice was ordered to the 5th respondent Temple Development Committee, by speed post. By the order dated 17.01.2024, individual affidavits of the 3rd respondent Devaswom Commissioner and the 4th respondent Administrative Officer were directed to be placed on record within two weeks.

5. On 07.02.2024, when this DBP came up for consideration, the 5th respondent, who is the Secretary of the Temple Development Committee (Kshethra Vikasana Samithi), entered appearance through counsel and sought time to file counter. Two weeks’ time was granted. The submission made by the learned counsel for the 5th respondent on 07.02.2024, was that the Temple Development Committee has been conducting ‘Sapthaham’ in Thiruvallam Sree Parasurama Swamy Temple, for the last several years, as permitted by the Travancore Devaswom Board.

6. By the order dated 07.02.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to the aforesaid permission granted to the Temple Development Committee (Kshethra Vikasana Samithi) to conduct ‘Sapthaham’ in Thiruvallam Sree Parashurama Temple from 01.01.2024 till 08.01.2024.

7. Today, when this matter is taken up for consideration, the learned Standing Counsel has made available for the perusal of this Court, File No.ROC 8768/17/NS1, regarding the conduct of ‘Bhagavatha Sapthaham’ in Thiruvallam Sree Parasurama Swamy Temple by the Temple Development Committee (Kshethra Vikasana Samithi).

8. Heard the learned Senior Government Pleader for the 1st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Counsel for the 5th respondent.

9. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision fo