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2025 Supreme(Ker) 2741

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ.
Kadasseri Munnila - Petitioner
Versus
Sree Kollakal Poroor Madom Devi Kshethram Upadesaka Samithi And Ors. - Respondent
R.P.NO.579 OF 2025
Decided On : 23-09-2025

Advocates Appeared:
For the Petitioner: Sri. B. Harish Kumar, Smt.Krishnapriya C.R., Sri. N.N. Sugunapalan (Sr.)
For the Respondent: Sri. P.B. Sahasranaman, Adv., Sri. G. Santhoshkumar, SC, Travancore Devaswom Board

Review under Order XLVII, Rule 1 is limited to correcting apparent errors, and not for rehearing cases on merits, reaffirming the authority of the Devaswom Board over temple management.

Headnote:(A) Code of Civil Procedure, 1908 - Order XLVII Rule 1 - Review petition - Review sought on judgment rejecting claims related to the performance of temple rituals and collection of funds by advisory committee - Court emphasized that review jurisdiction is limited to correcting patent errors and does not allow for rehearing or correcting mere errors of judgment. (Paras 1, 17, 22)

(B) Hindu Religious Institutions Act, 1950 - Section 31A - Regulatory framework for temple management - The court reaffirmed that only the Devaswom Board has the authority to manage collections for temple rituals, preventing the advisory committee from appropriating such funds from devotees. (Paras 1, 8, 12)

Facts of the case:
The petitioner sought a review of a judgment that prohibited the advisory committee from collecting funds for temple activities contrary to the established laws governing temple management, believing that the ruling deprived their rights as per a prior compromise decree.

Findings of Court:
Review petition dismissed, affirming that the advisory committee lacks authority to collect funds per the statutes governing temple management.

Issues: Whether a review is warranted under the limited scope defined by the applicable laws, and the validity of the advisory committee's claims.

Ratio Decidendi: The court held that review is not an avenue to challenge the merits of the original decision unless a clear, self-evident error is identified; the advisory committee’s inability to collect funds is consistent with existing laws protecting temple properties.

Result: Review petition dismissed.

Table of Content
1. jurisdiction over temple activities and financial management. (Para 1 , 2)
2. review petition and grounds of appeal. (Para 3 , 4 , 5)
3. temple management and legal precedents regarding fund appropriation. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. limits of review jurisdiction and definition of 'error'. (Para 17 , 18 , 19 , 20 , 21 , 22)
5. dismissal of the review petition. (Para 23)

ORDER :

Anil K. Narendran, J.

The 4th respondent in W.P.(C)No.2614 of 2016 has filed this review petition, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure, 1908, seeking review of the judgment of this Court dated 12.02.2025 in that writ petition. The said writ petition was one filed by the 1st respondent herein- petitioner, which is the Temple Advisory Committee of Sree Kollakal Poroor Madom Devi Temple, a temple under the management of the 2nd respondent Travancore Devaswom Board, seeking the following reliefs;

“i. To declare that the Ext.P2 compromise decree is not binding on the deity, petitioner Samithi or the devotees of the temple; ii. a writ of mandamus commanding respondents 1 to 3 to permit the petitioner to perform the Paraeduppu Ezhunillippu of the Kollakal Poroor Madom Devi Temple scheduled to be started from 8th of Makaram Malayalam month by issuing receipts get sealed by the Devaswom Board;

iii. a writ of mandamus commanding respondents 1 to 3 to ensure that the Jeevatha belongs to the temple alone shall be used to take Devi in procession at Paraeduppu Ezhunnullippu;

iv. a writ of mandamus to ensure that the entire income from the Paraeduppu Ezhunnullippu of the Devi shall be deposited in the Devaswom to be accounted and to be utilized for the development of the temple.”

2. That writ petition was disposed of by the judgment dated 12.02.2025, making it clear that in view of the provisions contained in the Bye-law (Rules) framed under sub-section (3) of Section 31A of the TRAVANCORE-COCHIN HINDU RELIGIOUS INSTITUTIONS ACT , 1950, the Kshethra Upadeshaka Samithi (Temple Advisory Committee) of Sree Kollakal Poroor Madom Devi Temple cannot either collect or appropriate the amounts paid by the devotees for Paraeduppu, in connection with Paraeduppu Ezhunillipu. Similarly, the 4th respondent Kadasseri Munnila NSS Karayogam (petitioner herein) cannot also collect or appropriate any amount paid by the devotees for Paraeduppu, in connection with Paraeduppu Ezhunillipu. Any collection of money from the devotees for Paraeduppu can only be against sealed receipts issued by the 2nd respondent Assistant Devaswom Commissioner (3rd respondent herein) and the amounts collected from the devotees will have to be credited into the account of the Devaswom. Based on the submissions made by the learned counsel for the Kshethra Upadeshaka Samithi (Temple Advisory Committee) of Sree Kollakal Poroor Madom Devi Temple (1st respondent herein) relief Nos.(i), (ii) and (iv) in W.P.(C)No.2614 of 2016 was dismissed as withdrawn, without prejudice to the right of the Samithi to move the appropriate forum.

3. Heard the learned Senior Counsel for the review petitioner-4th respondent, the learned counsel for the 1st respondent-writ petitioner and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and 13.

4. The learned Senior Counsel for the review petitioner-4th respondent would contend that the judgment dated 12.02.2025 in W.P.(C)No.2614 of 2016 is liable to be reviewed since the directions contained therein will deprive the right of the review petitioner to conduct Paraeduppu Ezhunillippu of Kollakal Poroor Madom Devi Temple, as conferred by Ext.P2 compromise decree in A.S.No.231 of 2005 on the file of the Additional District Court–I, Mavelikkara. There is error apparent on the face of record and as such the said judgment dated 11.02.2025 is liable to be reviewed.

5. On the other hand, the learned counsel for the 1st respondent-writ petitioner Kshethra Upadeshaka Samithi (Temple Advi

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