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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, P.G. AJITHKUMAR, JJ.
Hindu Seva Kendram Reg. NO.563/IV/2019 68/991 – Appellant
Versus
State Of Kerala – Respondent
W.P.(C)Nos.10154 & 10406 of 2023
Decided on : 30-03-2023
Constitution of India, 1950 - Article 226 - Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 - Madras Hindu Religious and Charitable Endowments Act, 1951- Section 14, (1), (2), 6(11)(b), 8B, 18, 99, 70, (2), 71, (a) to (d), 74 (8) - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Festival in Temple - Conduct a public meeting - Participation of political personalities - Sought for a writ of mandamus commanding respondents 1 to 5 not to conduct a public meeting with participation of political personalities, as part of Festival in Temple – Temple decides to constitute a committee to render necessary assistance to temple administration for conducting temple festival - Para 20.
Finding of the Court :
A temple festival has to be conducted in accordance with custom, rituals and practices of a temple - Politics has no role to play in conduct of daily worship and ceremonies and festivals in temples - In absence of a committee consisting of devotees, constituted under provisions contained in Circular entire activities in connection with Festival of Temple shall be conducted by temple administration and ‘Pooram-2023 Sangadaka Samithi’ cannot meddle with any such matters - For conducting a ‘cultural meeting’ and that to be incurred in connection with ‘Mandandri Puraskara Samarpanam’ falls outside scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of Madras Hindu Religious and Charitable Endowments Act will be decided in this writ petition - Any expenditure incurred by Devaswom in that regard, which is beyond scope of matters enumerated in clauses (a) to (d) of sub-section (2) of Section 70 of Act shall attract provisions under sub-section (8) of Section 74.
Result: Ordered accordingly.
ORDER :
Anil K. Narendran, J.
The issue involved in these writ petitions relates to the conduct of the Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple, Angadippuram, which is a controlled institution under the Malabar Devaswom Board.
2. W.P.(C)No.10154 of 2023:- The petitioner, namely, Hindu Seva Kendram, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the decision taken by the 2nd respondent Malabar Devaswom Board constituting an organising committee consisting of non-Hindus, as seen in Ext.P1, for the conduct of Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 not to conduct a public meeting on 01.04.2023, with the participation of political personalities, as part of Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple; and a writ of mandamus commanding respondents 1 to 5 to strictly follow the provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder and restrain the entry of non-Hindus into Sree Thirumandhamkunnu Bhagavathy Temple, including the members of the organising committee. The 4th respondent is the Executive Officer of Sree Thirumandhamkunnu Bhagavathy Devaswom and the 5th respondent is the hereditary trustee of the said Devaswom.
2.1. On 12.03.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1st respondent State. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 2 and 3. Urgent notice on admission by special messenger was ordered to respondents 4 and 5, returnable by 27.03.2023. The service of notice on the 6th respondent was dispensed with for the time being. The learned Standing Counsel for Malabar Devaswom Board was directed to get instructions.
3. W.P.(C)No.10406 of 2023:- The petitioner, who is a devotee of Sree Thirumandhamkunnu Bhagavathy, has filed this writ petition, during the pendency of W.P.(C)No.10154 of 2023, seeking a writ of certiorari to quash the constitution of the committee, as evidenced by Ext.P1, for conducting Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 4 to delete members of Muslim community from the committee for conducting Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple; and a writ of mandamus commanding the respondents not to constitute any committee for conducting Poorams, festivals, etc., in Sree Thirumandhamkunnu Bhagavathy Temple, with the members of Muslim community.
3.1. On 24.03.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1st respondent State. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for the 2nd respondent. Urgent notice on admission by special messenger was ordered to respondents 3 to 5, returnable by 27.03.2023. The learned Standing Counsel was directed to get instructions and the writ petition was ordered to be listed, on 27.03.2023, along with W.P.(C)No.10154 of 2023.
4. On 27.03.2023, when the above writ petitions came up for consideration, one of the arguments advanced by the learned counsel for the 4th respondent Executive Officer was that the constitution of the committee for conducting Pooram Festival of 2023 in Sree Thirumandhamkunnu Bhagavathy Temple, from 28.03.2023 till 07.04.2023, was based on a decision taken in the meeting convened in the temple premises on 06.12.2022. The brochure of the Pooram festival was published in the 1st week of March itself. By the order dated 27.03.2023, the learned counsel for the 4th respondent was directed to make available for the perusal of this Court the files relating to the constitution of the committee for con
The main legal point established in the judgment is the legal impermissibility of unauthorized committees collecting funds in Hindu religious institutions, emphasizing the need for strict compliance ....
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
The temple premises cannot be used for conducting mass drill or weaponry training. The Travancore Devaswom Board has the authority to manage the temple and arrange for the conduct of worship and fest....
Temple Advisory Committees must operate strictly within the authority granted by the Travancore Devaswom Board, and deviations from prescribed conduct can lead to legal challenges and sanctions.
The court ruled that a compromise decree is binding on parties involved, and a temple advisory committee cannot re-agitate settled issues regarding ritual performance and fund collection without appr....
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
Temples under the management of the Travancore Devaswom Board must remain apolitical, following the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, which prohibits politica....
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