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2024 Supreme(Online)(KER) 55431
HIGH COURT OF KERALA
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
Sri. K. Narayanankutty – Appellant
Versus
Cochin Devaswom Board – Respondent
DBP NO.90 OF 2024|Complaint No.20 of 2024|Report No.49/2024
For the Appellants/Petitioners: K.P. Sudheer
For the Respondents: S. Rajmohan, K.P. Sudheer, P. Ramachandrjan
The Cochin Devaswom Board is required to maintain temple properties in accordance with statutory obligations, ensuring adherence to traditional customs amidst commercial interests.
Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 73A and 76A - Duties of Cochin Devaswom Board regarding maintenance and administration of temple properties - Court directed Cochin Devaswom Board to maintain Vadakkechira pond in compliance with statutory duties and emphasized the role of the Temple Advisory Committee (Paras 6-10).
(B) Public interest litigation - Allegations of violations concerning leasing practices near religious institutions and propriety of offerings being sold against traditions were raised and challenged (Paras 1-5).
Facts of the case:
The petitioner challenged the leasing of a temple property for commercial use alleged to be contrary to temple customs and traditions, including issues regarding maintenance and the reported renovations (Paras 1-5).
Findings of Court:
The court upheld statutory responsibilities of the Cochin Devaswom Board to maintain temple properties, despite the Board's actions regarding contractors and lessees (Paras 6-10).
Issues: The main concerns related to the Board's adherence to legal obligations and upholding religious customs amidst commercial interests (Paras 1-5).
Ratio Decidendi: The court reaffirmed that the Cochin Devaswom Board must act in accordance with the statutory requirements to ensure the proper maintenance of temple amenities and customs (Paras 6-10).
Result: The court directed immediate action by the Cochin Devaswom Board to maintain the Vadakkechira as mandated by law.
| Table of Content |
|---|
| 1. allegations of improper leasing of temple property. (Para 2) |
| 2. procedures followed and responses from involved parties. (Para 3 , 5 , 10) |
| 3. details of communications relating to property maintenance. (Para 4 , 6) |
| 4. duties of cochin devaswom board under relevant laws. (Para 7 , 9) |
| 5. directive for future maintenance of temple property. (Para 11) |
ORDER
Anil K. Narendran, J.
This DBP is registered based on Report No.49 of 2024 of the learned Ombudsman in Complaint No.20 of 2024, which relates to leasing out Vadakkechira to a private party for conducting boating, running refreshment stalls, etc. The report of the learned Ombudsman reads thus;
“This complaint is filed by Sri. K. Narayanankutty, a public interest litigant alleging that in violation of the High Court order, the property adjacent to Vadakkechira, Thrissur (Arattukulam of Asokeswaram temple) is being leased for running a park to a private individual. It is also alleged that non vegetarian items etc. are sold contrary to temple customs and traditions. There is also an attempt to resume boating in the pond. Some photographs are also attached along with the complaint. The complaint is marked as Annexure O1.
2. In the reply dated 12.03.2024 by the Devaswom Commissioner, marked as Annexure O2, it is stated that the temple pond was covered with moss and was not in use. Steps to the pond and the compound wall were also in a dilapidated condition. Under the leadership of the Thrissur Collector, as Chairman of the Tourism Promotion Council, along with Thrissur Corporation, a request was made to the Cochin Devaswom Board to grant permission to renovate the pond and permission was granted, subject to certain conditions. The work was partly completed. However, for removing the moss, though steps were taken, they were not fruitful. Vadakkechira is having an extent of 3 acres of land; due to lack of funds only nominal maintenance could be done. The Chairman of Kalyan Silks came forward seeking permission to renovate the same. The Board passed an order on 13.03.2020 granting permission subject to certain conditions and they completed certain works in 2021. He stated that an amount of Rs. 40 lakhs had to be spent and unless it is properly maintained it may go back to its previous position. His request for starting a pedal boating in the pond was granted imposing certain conditions and he was permitted to run a refreshment stall with a direction to keep the pond clean. W.P.(C)Nos.25515 of 2021, 191 of 2022 and 276 of 2022 were filed before the Honourable High Court in the matter relating to the Aarattukulam in Asokeswara temple and judgment was delivered on 03.04.2023. Based on the same, some remedial measures have been proposed and draft agreement is pending before the Board.
3. Subsequently, another statement was filed by the petitioner. According to the further statement, the contentions of the Board are not true and conversion of the Asokeswaram Aarattukulam as a tourist centre cannot be permitted. Copy of the further statement is produced as Annexure O3. The Devaswom Commissioner filed a further reply, dated 15.06.2024, copy of which is produced as Annexure O4, refuting the allegations of the complainant. It is pointed out that, based on the instruction of the Board, the Special Tahsildar measured the plot and filed a report and included the same in the B.T.R register. As regards the allegation that 60 cents were lost by the Board, the Tahsildar has been requested to verify the same and file a report. For renovation of the temple pond, permission was granted to Kalyan Silks with certain conditions including arrangements for maintenance of the Chira and starting a light refreshment stall. Copy of the Board order is produced along with the reply.
Being a matter in respect of which writ petitions were filed, considered and orders passed, though copy of the judgment is not available, and in view of the subsequent developments, the Honourable High Court may consider the fact
