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ANIL K. NARENDRAN, P. G. AJITHKUMAR
K. K. Murukan – Appellant
Versus
Travancore Devaswom Board – TDB, Represented By Its Secretary, Kawdiar Post, Nanthencode, Thiruvananthapuram – Respondent
JUDGMENT :
(Anil K. Narendran, J.)
The issue involved in DBP No.77 of 2023 and W.P(C)No.29355 of 2024 relates to the reconstruction of Vilakkumadam in Peruvaram Sree Mahadeva Temple (Peruvaram Devaswom), which is an ancient temple under the management of the Travancore Devaswom Board.
2. DBP No.77 of 2023 is registered based on report No.27 of 2023 of the learned Ombudsman in Complaint No.88 of 2023 made by the complainants regarding the reconstruction of Vilakkumadam in Peruvaram Devaswom. The issue that requires consideration in this DBP is as to whether the Vilakkumadam of Peruvaram Sree Mahadeva Temple requires reconstruction. In the report, the learned Ombudsman noticed that the expenditure to be incurred being huge, the appropriate course of action is to file a maramath petition before this Court, so that the necessity of the work can also be examined by this Court and appropriate direction can be given.
2.1. On 18.08.2023, when this DBP came up for consideration, this Court issued various directions regarding the filing of reports by the learned Ombudsman. The directions are contained in the order dated 18.08.2023 read thus:
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 emphasized the need for proper audit and accountability in managing temple renovation funds, mandating the formation of a Temple Advisory Committee as per statutory requirements.
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 ....
The court reinforced that the Temple Advisory Committee must fulfill statutory duties regarding financial account audits while confirming the limit of writ jurisdiction to prevent unlawful directives....
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
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 court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
The extension of a Temple Advisory Committee's term must comply with statutory provisions and prior court rulings, and cannot be granted for minor works.
The extension of a Temple Advisory Committee's term without addressing complaints against its members is arbitrary and unjust, warranting judicial intervention and direct administration by the govern....
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