Kerala High Court Orders Cochin
Devaswom
Board to Tackle Fake Temple Social Media Accounts and Ensure Online Transparency
Ernakulam, Kerala
– The Kerala High Court, in a significant judgment dated May 23, 2025, has directed the Cochin
Devaswom
Board to take robust measures against fake social media accounts operating in the name of temples under its management, including the Sree
Poornathrayeesa
Temple. The Division Bench, comprising Justice
Anil K. Narendran
and Justice
P. V. Balakrishnan
, emphasized the Board's duty as a trustee and invoked its
parens patriae
jurisdiction to protect devotees from potential exploitation.
The court's decision came in a writ petition (WP(C) NO. 35495 OF 2024) filed by devotees
Devidas
C and others, who raised concerns over various aspects of temple administration, primarily focusing on the Sree
Poornathrayeesa
Temple in Tripunithura.
Case Overview: Concerns Over Temple Management and Online Presence
The petitioners, devotees of Lord
Poornathrayeesa
, initially sought a wide array of reliefs. These included a declaration that donations for the Vrishchikoltsavam festival are
Devaswom
funds requiring thorough audit, auditing of Temple Advisory Committees' (TACs) accounts for the past eight years, action against fake social media accounts, videography of hundi collections, maintaining a 100-meter radius around temples free from temporary shops during festivals, stationing emergency services, ensuring transparent tendering for festival contracts, providing prasadams in correct proportions, regulating volunteer induction, utilizing central government schemes like PRASHAD, and mandating approved Master Plans for temple renovations.
However, during the proceedings, the petitioners' counsel confined the reliefs sought to the issue of fake
Instagram
and social media accounts in the name of Sree
Poornathrayeesa
Temple and other temples under the Cochin
Devaswom
Board.
Key Arguments and Court's Observations
Petitioners' Concerns:
The petitioners highlighted a specific
Instagram
account, ‘Sree
Poornathrayeesa
Kshethram’ (Ext.P1), alleging it was a fake "official" account. They urged the court to direct the Board to take down such accounts and act against those responsible.
Cochin
Devaswom
Board's Submissions:
The Board, through its Standing Counsel, informed the court that the
Devaswom
Officer of Sree
Poornathrayeesa
Temple was managing the said
Instagram
account after the writ petition was filed. It was also submitted that an order dated October 1, 2024 (Ext.R1(e)) had already directed the Chief Vigilance Officer of the Board to inquire into the fake
Instagram
account issue, even before the petition was filed. The Board also pointed to official websites for several major temples like Sree
Poornathrayeesa
, Chottanikkara Bhagavathy,
Sree Vadakkunnathan
, and
Ernakulam Siva
, which offer online pooja booking and donation facilities.
Legal Principles Invoked:
The Court extensively reviewed the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950, particularly: -
Section 62:
Vesting of administration of
Devaswom
s in the Board. -
Section 68:
The Board's duty to administer affairs as a trustee, in accordance with trust objects, established usage, and customs. -
Section 73A:
Duties of the Board, including ensuring performance of traditional rites and proper maintenance of institutions. -
Section 76A:
Formation of Temple Advisory Committees.
The Court reiterated established legal principles: - The Board's position is analogous to that of trustees and any improper act can be questioned by a worshipper (citing
Ram Mohan Das v. Travancore
Devaswom
Board
). - Temple properties must be protected from usurpation or misappropriation, and courts have a duty to safeguard them (citing
A.A. Gopalakrishnan v. Cochin
Devaswom
Board
). - The High Court, as guardian of the Deity (who is treated as a minor), has inherent jurisdiction under the doctrine of
parens patriae
(citing
Travancore
Devaswom
Board v. Mohanan Nair
and
Suo Motu v. State of Kerala
). - Funds collected by Temple Advisory Committees are for the benefit of the deity and must be managed transparently by the Board (citing
Arjunan T.N. v. President, Temple Advisory Committee
and
Murukan K.K. v. Travancore
Devaswom
Board
).
The judgment noted, "The Cochin
Devaswom
Board and those entrusted with the duty of managing the properties and affairs of incorporated and unincorporated
Devaswom
s under its management are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation... Since the deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of parens patriae will also apply in the exercise of such jurisdiction."
Court's Directives
Concluding the matter, the High Court disposed of the writ petition with the following key directions to the Cochin
Devaswom
Board:
-
Action on Fake Accounts:
Finalize proceedings pursuant to its order dated October 1, 2024 (Ext.R1(e)) regarding the fake
Instagram
account, after considering the Chief Vigilance Officer's report and hearing the petitioners' representative and concerned parties from the former Temple Advisory Committee. This must be completed within three months.
-
Prevent Exploitation:
Take necessary steps to ensure devotees are not exploited through fake websites,
Instagram
accounts, etc., for online pooja bookings or donations.
-
Display Official Information:
Exhibit details of official websites and
Instagram
accounts at prominent places in respective temples for devotee awareness.
-
TACs and Online Collections:
Prohibit Temple Advisory Committees or their members from collecting money from devotees through websites,
Instagram
accounts, etc.
-
Vigilance Wing's Role:
The Board's Vigilance Wing, headed by the Chief Vigilance Officer, must maintain constant vigil against exploitation via fake online platforms.
-
Legal Action:
Initiate legal action against persons behind such fake platforms by lodging complaints with the concerned Station House Officers.
-
Expand Online Facilities:
Take steps to provide online pooja booking and donation facilities for all major temples under its management, if not already available.
This judgment underscores the judiciary's proactive role in ensuring transparency and accountability in temple administration, especially in the digital age, and protecting the interests of devotees.