IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ.
The Temple Advisory Committee Of Moozhikkulam - Appellant
Versus
State Of Kerala - Respondents
DBP No. 88 Of 2024
Decided on : 13-03-2025
(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 15A and 31 - Management of temples - The Travancore Devaswom Board is mandated to ensure proper facilities for devotees and manage temple affairs effectively - Complaints regarding inadequate facilities were addressed, and the Board was directed to comply with previous court orders regarding infrastructure improvements. (Paras 6 , 12 , 14 )
(B) Administrative duties - The Board's role is analogous to that of trustees, and any improper acts can be questioned by worshippers - The court emphasized the need for compliance with established norms for the benefit of devotees. (Paras 9 , 10 , 12 )
Facts of the case:
The complaint from the Temple Advisory Committee highlighted inadequate facilities at Thiru Moozhikkulam temple, prompting the court to examine the Board's compliance with its statutory duties.
Findings of Court:
The court directed the Travancore Devaswom Board to ensure proper administration and facilities for devotees during the 'Nalambala Darshanam', emphasizing adherence to previous judgments.
Issues: The main issues included the adequacy of facilities for devotees and the Board's compliance with statutory duties.
Ratio Decidendi: The court ruled that the Travancore Devaswom Board has a statutory duty to provide adequate facilities and manage temple affairs, akin to a trustee's responsibilities.
Result: The DBP is disposed of with directions for compliance.
ORDER :
Muralee Krishna, J.
This DBP is registered suo motu, vide proceedings dated 30.08.2024, based on a complaint dated 15.08.2024 submitted by the Temple Advisory Committee of Thiru Moozhikkulam temple, addressed to a learned Judge of this Court, pointing out inadequate facilities in the said temple, which is under the management of the 2nd respondent Travancore Devaswom Board.
2. In the complaint, it was alleged that though the Travancore Devaswom Board spends lakhs of rupees for the construction of temporary roofing and towards electricity expenses, no sufficient parking space was made for the vehicles of the devotees coming to Thiru Moozhikkulam temple. Some suggestions are also made in the complaint regarding the infrastructure facilities to be made in the temple.
3. On 02.09.2024, when this matter came up for consideration, the 7th respondent Temple Advisory Committee was suo motu transposed as the petitioner/complainant. Notice was ordered to the petitioner/complainant by speed post returnable within four weeks. The learned Senior Government Pleader entered appearance for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6. The 2nd respondent was directed to place on record an affidavit within four weeks.
4. In pursuance to the above direction, the 2nd respondent filed an affidavit dated 24.02.2025. Paragraphs 3 to 7 of that affidavit read thus:
“3. It is submitted that the Devaswom Commissioner has directed the Assistant Devaswom commissioner North Paravur to provide adequate facilities other than the basic amenities for the devotees. True copy of the letter No.RDO: 12839/24/NSI dated 02.12.2024 issued by the Deputy Devaswom Commissioner, Travancore Devaswom Board to the Assistant Devaswom Commissioner is produced herewith and marked as Annexure-R2(a).
4. It is submitted that a report from the Assistant Devaswom Commissioner was sought in this regard. He reported that there was little delay in the construction of the Shed in the temple premises during the Nalambala darshanam for the year 1199 ME. That was the main reason for the complaint regarding inadequacy of facilities for the devotees. But, all the works had been completed before 1st of karkidakam, 1199 ME. The entire festival in connection with the karkidaka maasacharanam and Nalambala Darshanam was completed without any room for complaint. The Assistant Devaswom Commissioner, North Paravur has given necessary instructions to the Assistant Engineer, Aluva regarding the maramath works to be completed for Nalambala darshanam in the year 1200 ME.
5. In addition to the above, the Board directed the Chief Engineer to provide necessary facilities for the pilgrims during the Nalambala Darshanam. There will not be any rush in the temple during the rest of the year.
It is submitted that this Honorable court as per the Judgment in WP(C): 25929/2022 directed the Devaswom to provide separate que for senior citizens, differently abled and mentally challenged persons and such other special category of persons and further In DBP 65/2023 directed the Travancore Devaswom Board to provide proper facilities for the devotees during Nalambala Darsanam, by providing separate que for aged and sick persons, drinking water facility, toilet facility etc. and also directed to provide sufficient number of ticket counters and vazhipadu counters. The directions issued by this Hon’ble Court was complied in letter and spirit by providing the above facilities to the devotees in the year 2022, 2023 and also in 2024.
6. It is submitted that in the number of devotees visiting the Moozhikkulam Lakshmana Perumal temple is comparatively very low. Only during the Nalambala Darshanam period in the month of Karkidakam every year, there will be rush in the temple and all arrangements are being made every year to meet this. The demands of the Temple Advisory Committee to Seevelippura, to construct three storied auditorium above the existing structure etc are no
The Travancore Devaswom Board has a statutory duty to ensure proper facilities for devotees and manage temple affairs effectively, akin to trusteeship.
Section 62 of Act deals with vesting of administration in Board.
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 established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
A writ of mandamus requires the existence of a legal right and a statutory duty, which the petitioner failed to demonstrate, leading to the dismissal of the petition.
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....
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
A writ of mandamus can only be issued when there is a clear statutory duty and legal right, which was not established by the petitioners in this case.
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....
The Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.
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