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2022 Supreme(Online)(KER) 59480

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SUO MOTU
– Appellant
Versus

STATE OF KERALA – Respondent
DBP 69 2022



Advocates:
SRI. K.P.SUDHEER, SC, CDB SRI.S.RAJMOHAN, SR.GOVT.PLEADER

The Cochin Devaswom Board is legally obligated to ensure cleanliness and adequate facilities for devotees as per the provisions of the Travancore-Cochin Hindu Religious Institutions Act.

Headnote:

Religious Facilities - Devaswom Administration - Travancore-Cochin Hindu Religious Institutions Act - Sections 62, 68, 73A, 76A - The court emphasized the statutory duties of the Cochin Devaswom Board to ensure adequate facilities for devotees and uphold hygiene standards as per legislative mandates.

Fact of the Case:

A senior citizen detailed grievances regarding inadequate facilities during Annadanam at Thriprayar Sreerama Swamy Temple, particularly lack of drinking water and hygiene, prompting the court to review the situation.

Finding of the Court:

The affidavits confirmed that the board had initiated improvements such as water and sanitation facilities, although some grievances regarding seating and washing areas were not fully resolved, prompting a directive for ongoing compliance.

Issues: Whether the Cochin Devaswom Board fulfilled its statutory obligations to provide adequate facilities and maintain cleanliness for devotees during Annadanam at the temple.

Ratio Decidendi: The court interpreted Sections 62, 68, 73A, and 76A of the Travancore-Cochin Hindu Religious Institutions Act, establishing the Cochin Devaswom Board's duty to maintain proper facilities and cleanliness at religious institutions.

Final Decision: The court directed that proper facilities for hygiene and seating be maintained for devotees during Annadanam at Thriprayar Sreerama Swamy Temple.

ORDER

Anil K. Narendran, J.

This DBP is registered suo motu based on a complaint dated 31.10.2022 of a devotee by name Padma K.N., a senior citizen aged 62 years, who had ‘darshan’ at Thriprayar Sreerama Swamy Temple on 30.10.2022, along with her husband aged 72 years, her son and daughter-in-law and also her grandchildren aged 7 and 4 years respectively. The complaint contain a detailed narration of the difficulties faced by her and her family members in connection with Annadanam. There was no facility for supply of drinking water to the devotees waiting in the queue for Annadanam and the place where Annadanam is conducted was not maintained clean and hygiene.

2. On 08.11.2022, when this DBP came up for consideration, the learned Standing Counsel for Cochin Devaswom Board, on instructions, submitted that the allegations contained in the complaint dated 31.10.2022, which forms part of this DBP, are factually correct to a large extent. The learned Senor Government Pleader took notice for the 1st respondent and the learned Standing Counsel for Cochin Devaswom Board took notice for respondents 2 and 3. This Court issued noticed to the 4th respondent, through the

3rd respondent Devaswom Officer.

3. On 08.11.2022, having considered the averments in the complaint dated 31.10.2022 and the submissions made by the learned Standing Counsel for the Cochin Devaswom Board and also the learned Senior Government Pleader, this Court directed the concerned Assistant Devaswom Commissioner and the 3rd respondent Devaswom Officer of Thriprayar Sreerama Swami Temple to provide drinking water facility to the devotees waiting in the queue for Annadanam. It was also directed that the devotees shall be provided with proper facilities for washing their hands, before and after Annadanam. Sufficient seating facilities shall be provided in the hall in which Annadanam is being conducted. The hall and the premises shall be maintained clean and hygiene, which shall be ensured by the 3rd respondent Devaswom Officer and the 4th respondent Temple Advisory Committee at regular intervals. Proper sanitation facilities shall be provided in the temple premises. By the said order, the concerned Assistant Devaswom Commissioner was directed to take photographs, on that day itself, showing the state of affairs in the Annadanam hall in the temple premises, and to make it available for the perusal of this Court, on the next posting date, through the learned Standing Counsel for the Cochin Devaswom Board.

4. On 15.11.2022, when this matter came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that affidavit of respondents 2 and 3 is being filed.

5. Today, individual affidavits of respondents 2 and 3 are placed on record. Paragraphs 2 and 3 of the affidavit filed by the 3rd respondent Devaswom Officer read thus;

“2. The above DBP was registered suo motu by this Honourable Court based on a complaint dated 31.10.2022 by a devotee by name Padma K.N. By order dated 08.11.2022, this Honourable Court directed the Devaswom to provide drinking water facility to the devotees waiting in the queue for Annadhanam at Thriprayar Sreerama Swamy temple. in terms of the direction issued by this Honourable Court, drinking water facility has already been provided with effect from 09.11.2022 onwards. It is submitted that proper facilities for washing the hands of devotees before and after annadhanam is already there. The grievance of the complainant was that there is no facility for washing the hands in the annadhanam hall and near the queue. It is submitted that the facility for washing hands before and after annadhanam is provided outside the annadhanam hall. Since washing of hands inside the temple premises is objectionable, the devotees have to wash their hands before entering the queue for annadhanam. Sufficient seating facilities have already been provided in the annadhanam hall and the premises are kept clean and hygienic and the third respondent is moni

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