O R D E R

Anil K. Narendran, J.

This DBP is registered suo motu, based on a complaint dated ‘Nil’ [File No.D1-4/113048/2022] received from one Somanathan Nair, wherein it is stated as follows ;

OP No. 3821/1990.DBP No.49.OC 2015 Date 25.11.2015 ഉത്തരവത. 2. വവക്കം ക്ഷക്ഷ്രത്തിനു സ്മീപം വാൈനം പാർക്കത റചയ്യുവാൻ ് ൗണ്ടത

2. In the report dated 04.09.2023 of the Tahsildar, Vaikom Taluk, addressed to Registrar (District Judiciary), it is stated that reports were called for from the Village Officer, Vaikom and Assistant Devaswom Commissioner (Vaikom Group) in respect of the complaint made by the complainant. As per the report submitted by the Village Officer, Vaikom, a woman named Bhargavi, aged 89 years, begs on the temple premises and sleeps on the veranda of the Devaswom building situated near the North Gopuram of Vaikom Sree Mahadeva Temple. She has three sons. She had been living with her youngest son. One Avarachan, who runs a shop in the Devaswom building situated on the north side of the temple, helps her only on compassion. Regarding the levy of parking fee at the parking ground of Vaikom Sree Mahadeva Temple near the west side entrance, the Assistant Devaswom Commissioner, Vaikom reported that it is levied by the Temple Advisory Committee, without any sanction for the same from the Travancore Devaswom Board. Temple Advisory Committee reported that the parking fee is levied to meet the expenditures in connection with the functioning of fresh-up centre-cum-toilet complex established in the parking ground, as per the orders of this Court, which is under the supervision of the Temple Advisory Committee. As per the report of the Assistant Devaswom Commissioner, the Committee has not obtained permission for the same.

3. On 03.10.2023, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

4. On 09.10.2023, when this matter came up for consideration along with the connected matters, the learned Advocate Commissioner sought time to file a report in this DBP.

5. The learned Advocate Commissioner has filed a report dated 13.10.2023. Paragraph No.8 of that report reads thus;

“It is further submitted that the Complainant/Petitioner in D.B.P. No.96/2023 is one Somanathan Nair who is also a lottery vendor, vending lotteries inside and precincts of the temple and his allegation of begging by the old lady named Smt. Bhargavy, aged 89 is true and correct. She is sitting in front of the North Gopuram in a chair and begging therein. She is survived by 3 sons but she sleeps in the Varantha of Devaswom shop building situated near the Northern Gopuram of Temple. To my information, the old lady is maintaining a Bank Account in Dhanalakshmi Bank, Vaikom Branch and she is even lending money to certain persons with the help of some individuals including Sri. Avarachan. Hence, the involvement of Sri. Avarachan who is running a shop in the Devaswom building is highly suspicious because the entire help including counting of money is done by Sri. Avarachan.”

6. Heard the learned Senior Government Pleader for the

1st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and also the learned Advocate Commissioner.

7. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District.

8. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with constitution of the Travancore De