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2025 Supreme(Ker) 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM 
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Santhosh Warrier, S/o.Late. Sankunni Warrier Kottuvad Warriem - Respondent 
Versus 
State Of Kerala - Respondent 
WP(C) No. 10535 of 2025
Decided on : 08-04-2025

Advocates:
Advocate Appeared:
For the Appellant : ADVS.RESMI A., SREERAGH C.R.,
For the Respondent: ADVS. KUMARI SANGEETHA S NAIR, SRI.SREEJITH CK, SRI. S. RAJMOHAN, SR. GP, SRI. G. SANTHOSHKUMAR, SC, TDB

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.

Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 15A, 31, and 31A - Writ petition filed to prevent unauthorized conduct of Vilakku festival and illegal parking at Peruvaram Sree Mahadeva Temple - The Travancore Devaswom Board is mandated by law to ensure that traditional ceremonies are performed, and that only the Temple Advisory Committee may conduct temple activities - Unauthorized committees cannot collect funds or manage temple festivals, leading to the court's declaration regarding the prohibition of activities by the 7th respondent Committee. (Paras 9-22)

(B) Mandamus - Nature of - The court can issue a mandamus to enforce statutory duties of a public authority. (Paras 1-8)

Facts of the case:
The petitioner, a devotee, challenged the actions of the 7th respondent Committee, which was conducting an illegal Vilakku festival and obstructing temple activities without authorization. Evidence presented included receipts and complaints regarding the unauthorized collection of funds and parking issues.

Findings of Court:
The court upheld that only the Temple Advisory Committee is authorized for temple activities and money collection, emphasizing compliance with the board's rules and statutory duties.

Issues: Whether unauthorized entities could conduct temple activities and collect money.

Ratio Decidendi: The court reiterated that unauthorized committees cannot interfere with temple management or collect funds, as only the Temple Advisory Committee under Section 31A possesses such authority.

Result: Writ petition allowed; the 7th respondent Committee barred from future activities.

Table of Content
1. petitioner's allegations against the vilakku committee (Para 2 , 3)
2. court's procedural considerations and notices (Para 4 , 5 , 6)
3. legal standards and framework for temple management (Para 8 , 9 , 16)
4. duties and rules under the travancore-cochin act (Para 10 , 11)
5. regulation of temple activities and collections (Para 12 , 14 , 22)
6. defense by the padinjare nada vilakku committee (Para 20 , 21)
JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is a devotee of Peruvaram Sree Mahadeva Temple, North Paravur, which is a temple under the management of the 2nd respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Board to promptly take action to prevent the 7th respondent Padinjare Nada Vilakku Committee and its associates from conducting parallel Vilakku festival within the premises of Peruvaram Sree Mahadeva Temple; and a writ of mandamus commanding the 2nd respondent Board to implement appropriate measures to prohibit parking of vehicles in the temple property so as to ensure that the parking of vehicles of the devotees of Peruvaram Sree Mahadeva Temple is not obstructed. The document marked as Ext.P1 is a copy of the cash receipt dated 03.05.2024 issued by the 7th respondent Padinjare Nada Vilakku Committee, after collecting Rs.1,000/- from M/s.Krishna Steels as donation for Thiruvulsavam-2024 (Annual Festival) of Peruvaram Sree Mahadeva Temple. Ext.P1 receipt dated 03.05.2024 issued by the 7th respondent Vilakku Committee is extracted hereunder;

2. The documents marked as Ext.P2 series are a few photographs of the lamps put up by the 7th respondent Vilakku Committee in Padinjare Nada (Western Nada) of Peruvaram Sree Mahadeva Temple, during the annual festival of the year 2024.

The said photographs are extracted hereunder;

In the writ petition, it is alleged that the persons associated with the 7th respondent Vilakku Committee collected money from the devotees and general public for arranging lamps, without any authorisation from the 2nd respondent Travancore Devaswom Board. The said lamps were put up at the Padinjare Nada of Peruvaram Sree Mahadeva Temple. In addition to that, the 7th respondent Vilakku Committee made arrangements for ‘Para Nirakkal’ in the Padinjare Nada of the temple and collected money from the devotees. The document marked as Ext.P3 is a copy of the photograph taken on 05.05.2024, showing the arrangements made by the 7th respondent Vilakku Committee for ‘Para Nirakkal’ in the Padinjare Nada of Peruvaram Sree Mahadeva Temple. The said photograph is extracted hereunder;

3. The document marked as Ext.P4 is a complaint dated 26.12.2024 made by the petitioner before the Secretary of the 2nd respondent Travancore Devaswom Board against the parallel Vilakku festival conducted in the Padinjare Nada of Peruvaram Sree Mahadeva Temple by the 7th respondent Vilakku Committee and also against illegal parking of vehicles in the Devaswom land. Ext.P5 is a copy of similarly worded complaint dated 26.12.2024 made by the petitioner before the 3rd respondent Devaswom Commissioner. The document marked as Ext.P6 is a photograph showing the condition of the road in front of the Padinjare Nada of Peruvaram Sree Mahadeva Temple, with broken interlock tiles, etc. causing difficulty to the devotees.

4. On 28.03.2025, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for 1st respondent and also for additional respondents 8 and 9 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and also for the additional 10th respondent. Urgent notice on admission by special messenger was ordered to respondents 6 and 7, returnable by 01.04.2025. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board submitted that in Peruvaram Sree Mahadeva Temple there is a Temple Advisory Committee

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