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2025 Supreme(Ker) 3266
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K. V. JAYAKUMAR, JJ.
Sundaresan Pillai, "Uthradam", - Appellant
Versus
The Devaswom Commissioner Travancore Devaswom Board – Respondent
DBP NO. 63 OF 2019
Decided on : 05-12-2025
For the Appellant : SRI.R.KRISHNA RAJ SMT.E.S.SONI SMT.KUMARI SANGEETHA S.NAIR SMT.SMT.RESMI A.
For the Respondent: SHRI.P. RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN SHRI .G. BIJU, SC, TRAVANCORE DEVASWOM BOARD
The court mandates restructuring of Mathapatasalas due to insufficient fund utilization and educational deficiencies, emphasizing effective financial management and curriculum relevance.
Headnote:(A) Travancore Devaswom Board - Management of Funds for Mathapatasalas - The operation of Mathapatasalas must meet prescribed educational standards to effectively propagate Hindu Dharma as per bye-laws of 1980 and 2002. The current system is deficient, leading to unspent budget allocations and necessitating a revamp of the curriculum and better management practices. (Paras 1-40)
(B) Budgetary Allocation - The court emphasized the responsibility of the Devaswom Board to utilize allocated funds efficiently and transparently to prevent lapses. (Paras 4, 11, 38)
(C) Educational Standards - The syllabus lacks clarity and engagement, requiring substantial revision for age-appropriate teachings. (Paras 28, 37)
Facts of the case:
The petitioner alleges mismanagement of funds intended for Mathapatasalas and a lack of adequate measures for their proper functioning. Notable sums allocated for Mathapatasalas had lapsed due to non-utilization, calling for court intervention.
Findings of Court:
The court finds the current structure of Mathapatasalas inadequate and orders a comprehensive review and restructuring of the syllabus and operational procedures.
Issues: The main issues addressed include the adequacy of educational standards in Mathapatasalas and the effectiveness of financial management practices.
Ratio Decidendi: The court ruled that a complete overhaul of the syllabus and management practices is necessary to enhance the educational outcomes of the Mathapatasalas, aligning with the responsibilities set out in the original bye-laws.
Result: The petition is disposed of with directions for restructuring and better management of Mathapatasalas.
| Table of Content |
|---|
| 1. overview of mathapatasala operations and context. (Para 1 , 2 , 3) |
| 2. concerns over budget allocation and expenditure. (Para 4 , 5 , 6) |
| 3. call for intervention due to neglected mathapatasalas. (Para 11 , 12) |
| 4. court's recognition of legal duties and cultural significance. (Para 18 , 19 , 20) |
| 5. deficiencies in the structure and syllabus of mathapatasalas. (Para 21 , 24 , 27) |
| 6. need for comprehensive reform in mathapatasala operations. (Para 29 , 30 , 32) |
| 7. recommendations for curriculum restructuring and financial management. (Para 34 , 35 , 38) |
| 8. final directives for operational enhancement and fund management. (Para 39 , 40) |
ORDER :
K. V. Jayakumar, J.
1. This DBP is registered on the basis of a report submitted by the learned Ombudsman with respect to the effective management of funds allotted in Mathapatasala.
2. Sri. Sundaresan Pillai has submitted a petition dated 13.03.2019 before the Ombudsman. In that petition, it is stated that the Mathapatasalas are functioning on the basis of a bye-law framed in the year 1980, which was subsequently amended in the year 2002.
3. The Children residing in the local vicinity of temples administered by the Travancore Devaswom Board, are enrolled as students in the designated Mathapatasala. It is further stated that 120 classes are conducted in the Mathapatasala and there is a prescribed syllabus. The facilities required for conducting the classes, including the payment of Honorarium, are to be arranged by the Board.
4. The petitioner further states that even though lakhs of rupees were allotted in the budget for the upkeep, maintenance and conduct of Mathapatasalas, the Board is not expending a sufficient amount for the conduct of the Mathapatasalas. The system of Mathapatasala is totally neglected by the Board. It is further stated in the petition that if the functioning of the Mathapatasala is coordinated and conducted in a proper way for propagating Hindu Dharma, it would be a great service to society. The petitioner also contends that no discernible efforts have been undertaken by the Board or its officers to fulfil the objectives set forth in the bye-law enacted in the year 1980 and subsequently amended in the year 2002.
5. The petitioner further states that an amount of Rs. 97,14,000/- was allotted for the conduct of the Mathapatasala in the year 2016-17. Likewise, an amount of Rs. 1,03,75,000/- was allotted in the year 2018-19. The petitioner contends that a substantial sum allocated within the budgetary provisions has lapsed as a consequence of non-utilisation by the Travancore Devaswom Board. The petitioner says that the budgetary allocation should be utilised by the Board before the expiration of that financial year in order to avoid the lapse of funds.
6. The petitioner additionally asserts in his complaint that, despite repeated requests to the officers of the Board to effectively utilise the budgetary allocation, no such steps were taken by the officers of the Board and thereby the entire budgetary allocation lapsed. He further stated that, if the amount set apart in the budget is deposited in a bank, the amount can then be spent periodically to promote the functioning of the Mathapatasalas attached to various temples under the Board. The petitioner further states that it is the bounden duty of the Board to impart knowledge of Dharma to children. Annexure-O1 is the copy of the complaint submitted by Sri. Sundaresan Pillai.
7. The Devaswom Commissioner-in-Charge of the TDB has filed Annexure-O2 reply before the Ombudsman. In the said counter, it is stated that merely because there is a provision in the budget, it is not necessary to expend the entire amount and there is no compulsion regarding the same. It is stated that every year, grants were given to various Mathapatasalas, including private Mathapatasalas and the teachers are also paid Honorarium, based on the report submitted by the Assistant Commissioner or the Sub Group Officer attached to those temples. The c
