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2025 Supreme(Ker) 2166

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ.
Prin Prasad, S/o. Rajendraprasad - Petitioner 
Versus 
Travancore Devaswom Board - Respondent 
DBP No. 27 of 2025
Decided on : 01-08-2025

Advocates:
Advocate Appeared:
For the Respondent: SRI.S RAJMOHAN, SR. GP, SRI.G.SANTHOSH KUMAR, SC, TDB, SRI.P RAMACHANDRAN, AMICUS CURIAE

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 governing Board.

Headnote:(A) Travancore - Cochin Hindu Religious Institutions Act, 1950 - Sections 3, 15A, and 31A - Writ petition seeking quashment of an order extending the term of a Temple Advisory Committee and directing the Devaswom Board to convene a new committee - Court noted that the extension was arbitrary due to ongoing complaints against the committee including financial mismanagement - The court directed inquiry into complaints and the administration of the temple to be taken over by the Board pending the investigation. (Paras 2, 26, 29)

(B) Judicial Review - Courts have the authority to intervene in matters of administrative decisions if they are arbitrary, illegal or unjust. (Paras 1, 2)

(C) Managing Temple Affairs - The Board must ensure proper functioning and adherence to regulatory provisions and standards laid down in the Act concerning the temple administration. (Paras 11, 20)

Facts of the case:
The petitioner, a devotee, challenged the extension of the Temple Advisory Committee's term due to objections raised concerning its conduct, financial issues, and failure to uphold temple traditions, alongside individual resignations from the committee. (Paras 2, 29)

Findings of Court:
The extension of the committee's term was deemed without regard to ongoing allegations against it. The court ordered an inquiry and stated that the committee should be dissolved until the investigation concluded to ensure proper temple administration. (Para 29)

Issues: The primary issues addressed were whether the extension of the committee's term violated the Bye-Laws and the authority of the Board considering the complaints made against the committee members.

Ratio Decidendi: The court reasoned that extending the committee's term without addressing serious allegations against its members undermined proper governance of the temple, hence the need for direct administration by the Board. (Paras 26, 29)

Result: Writ petition allowed with directions for inquiry.

Table of Content
1. petitioner's legal standing and temple governance issues. (Para 2)
2. procedural history and respondent's interventions in court. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. interpretation and stipulations of temple management laws. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
4. trustee obligations and fiduciary responsibilities. (Para 21 , 22 , 23)
5. detailing complaints against the temple advisory committee. (Para 24 , 26 , 27)
6. court's orders on inquiry and administration. (Para 25)
7. court's directive regarding temple advisory committee investigation. (Para 28 , 29)

JUDGMENT :

Muralee Krishna, J.

W.P.(C) No.12549 of 2025 is filed by a devotee of Ashtamangalam Sree Mahavishnu-Sree Bhagavathy Temple under the management of Travancore Devaswom Board, under Article 226 of the Constitution of India, seeking the following reliefs:

“(i) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext. P8 Order No.R.O.C 4033/23/NS2 dated 10.01.2025 issued by the 3rd respondent on behalf of the 2nd respondent as it is arbitrary, illegal and unjust;

(ii) to issue a writ of Mandamus or such other appropriate writ, order or direction to the 2nd respondent to consider Ext.P5 request made by the petitioner and others dated 06.01.2025 as expeditiously as possible within a time period that may be fixed by this Hon’ble Court;

(iii) to issue a writ of Mandamus or such other appropriate writ, order or direction to the 7th respondent to consider Ext. P6 complaint filed by the petitioner and to take necessary action on the same as expeditiously as possible within a time period that may be fixed by this Hon’ble Court;

(iv) to issue a writ of Mandamus or such other appropriate writ, order or direction to the 2nd respondent to dissolve the 7th respondent Temple advisory committee and to take steps to elect a new advisory committee to the Ashtamangalam Sree Mahavishnu-Sree Bhagavathy Temple.”

2. Going by the averments in the writ petition, the Petitioner is a devotee of the Ashtamangalam Sree Mahavishnu-Sree Bhagavathy Temple under the Ashtamangalam Sub Group in Punalur Group of the Travancore Devaswom Board. He is an ardent devotee and participant in the day-to-day rituals in the temple. The 7th respondent Temple Advisory Committee came into existence in February 2023, and its term expired on 25.02.2025. The petitioner and other devotees have objected the activities of the committee, where they have flouted the Bye-Law published by the 1st respondent Devaswom Board. There are allegations of financial mismanagement and violation of the rituals by the members of the Committee. Owing to dissent among the members of the committee, respondents 13 to 19 resigned from the committee as members and issued Ext. P2 Resignation Letter dated 13.11.2024 to the 2nd respondent. In the Devaprasnom conducted in the year 2024, it was found that there are some defects in the Kodimaram. The Committee, without any discussions in the General body and in their own interest, removed the base of the Kodimaram. The petitioners and others have filed complaints against the affairs of the committee as seen in Ext. P5 and Ext. P6. The 3rd respondent, on behalf of the 2nd respondent, without considering any of these aspects, extended the term of the committee for a further period of six months by Ext. P8 order. The same is against the Bye Law of the Board and the Law laid down by this Court in Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379] and in DBP No. 17 of 2025 [2025:KER:20024]. Hence, the petitioner filed the Writ Petition.

3. On 27.03.2025, when the writ petition came up for consideration, this Court directed the petitioner to file an application to implead the State of Kerala represented by the Special Secretary to Government, Revenue (Devaswom) Department and also the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit as additional respondents in the writ petition. The learned

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