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 procedures.

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:

(i) When a report of the learned Ombudsman is filed, the office of the learned Ombudsman shall ensure that a complete copy of the report with index and all its enclosures are furnished in the office of the learned Advocate General, the learned Standing Counsel for the Devaswom Board concerned, the learned Amicus Curiae for the learned Ombudsman and if there is any other official respondents, Standing Counsel of such respondents;

(ii) Once the report is numbered as a DBP and the cause title is generated, the docket of the file printed on A4 size paper shall be collected from the Registry and copies thereof shall be served on the Government Pleader/Standing Counsel/Amicus Curiae by the official from the office of the learned Ombudsman;

2.2. On 22.08.2023, when this DBP came up for consideration, this Court issued notice to the complainants by speed post, returnable within three weeks. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions.

2.3. By the order dated 26.09.2023, the State of Kerala, represented by the Secretary to Government, Revenue (Devaswom) Department and the Deputy Director, Local Fund Audit, Travancore Devaswom Board Audit were suo motu impleaded as additional respondents 5 and 6 and the learned Senior Government Pleader entered appearance for the said respondents. In the order dated 26.09.2023, this Court noticed that the construction in question is repair work of Vilakkumadam in Peruvaram Devaswom. As per Annexure O2 report of the 2nd respondent Devaswom Commissioner in Annexure O1 complaint made by the complainants, it is stated that the estimate for the said work is Rs.87,33,750/-. In case such a work is undertaken directly by the Travancore Devaswom Board utilising the Devaswom fund, the Board has to file a maramath petition for sanction, which has to be placed before this Court, along with the report of the learned Ombudsman, since the estimated amount is more than Rs.20,00,000/-. The submission made by the learned Standing Counsel for Travancore Devaswom Board is that such a procedure is not followed in case the construction work is undertaken either through sponsorship or by collection of funds through the Temple Advisory Committee, by issuing sealed coupons. In the order dated 26.09.2023, it was made clear that in the affidavit being filed by the Board, the procedure being followed in undertaking construction through different modes shall also be explained.

3. W.P.(C)No.29355 of 2023 is filed by the petitioner, who is a devotee of Lord Sree Mahadeva of Peruvaram Sree Mahadeva Temple, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent the Travancore Devaswom Board to immediately grant permission for the renovation of the Vilakkumadam/Vilakkazhi of P