Kerala High Court Approves Golden Dwajam Construction, Emphasizing Devaswom Board's Trustee Role and Financial Oversight - 2025-04-07

Law Updates Made Simple.

Kerala High Court Greenlights Golden Flag Mast for Navayikulam Temple, Reinforces Financial Accountability

Ernakulam, Kerala – The High Court of Kerala has granted permission for the construction of a Golden Dwajam (flag mast) at the Navayikulam Sree Sankaranarayana Swami Temple. The decision, delivered by a division bench comprising Justices Anil K. Narendran and Muralee Krishna S., underscores the Travancore Devaswom Board's (TDB) fiduciary responsibilities in managing temple affairs and ensures stringent financial oversight for the project.

Background of the Petition

The Travancore Devaswom Board initiated proceedings seeking approval for the golden flag mast construction at the Navayikulam temple, which falls under its administration. The petition followed a report from the Ombudsman based on an earlier application by the TDB. The existing flag mast, made of concrete and covered with copper, showed signs of deterioration, prompting the proposal for a replacement with a golden structure funded entirely by the Temple Advisory Committee (TAC) through devotee donations.

Ombudsman and Audit Scrutiny

The Ombudsman's report detailed the project's progression, from the initial recommendation by the Devaswom Commissioner to the Board's decision to grant permission based on revised estimates. The Kerala State Audit Department also reviewed the proposal, emphasizing the necessity for strict adherence to Board decisions, proper agreements, and future audits of the project's income and expenditure.

Court's Observations and Legal Framework

The High Court, in its order, highlighted the statutory duties of the Travancore Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act, 1950. Referencing Section 15A (duties of the Board) and Section 31 (management of Devaswom s), the court reiterated the Board's role as a trustee, responsible for the proper administration, maintenance, and upliftment of temples.

The judgment cited several precedents, including Ram Mohan Das v. Travancore Devaswom Board [1975 KLT 55], affirming the Board's trustee-like position and the right of devotees to question improper acts. It also drew upon A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482], emphasizing the judiciary's duty to protect temple properties from misappropriation.

The court further elaborated on the role and limitations of Temple Advisory Committees, referencing Section 31A of the Act and the Board's Rules for TAC formation. It stressed that while TACs can assist in temple activities and development, they operate under the strict supervision and control of the Devaswom Board. The judgment quoted Clause (2) of the Rules, outlining the TAC's objectives, and Clause (9), detailing the responsibilities of office bearers, particularly in financial matters.

Financial Directives and Conditions for Approval

Acknowledging the Temple Advisory Committee's commitment to fund the project through devotee donations, the court laid down specific financial directives based on the precedent set in Murukan K.K. v. Travancore Devaswom Board [2025 (1) KHC SN 17]. The judgment mandated that funds collected by the TAC be temporarily transferred to the Devaswom fund. Project payments will then be disbursed from the Devaswom fund upon the Maramath wing's payment bills, ensuring tighter financial control and auditability.

The court modified condition (xii) of the Ombudsman's report to align with this financial procedure. It upheld all other conditions stipulated by the Ombudsman and the State Audit Department, including:

Strict adherence to Board decisions and Tantric principles.

Execution of necessary agreements, subject to State Audit verification.

Mandatory audit of accounts within one month of project completion.

Detailed protocols for handling copper paras and gold plating.

Videography of the entire process.

Supervision by key officials, including the Thiruvabharanam Commissioner and State Audit representatives.

Conclusion: Balancing Tradition and Accountability

The Kerala High Court's judgment provides a balanced approach, permitting the construction of the Golden Dwajam while reinforcing the importance of financial accountability and the Devaswom Board's overarching trustee role. By implementing stringent oversight mechanisms and referencing relevant legal provisions and precedents, the court ensured the project proceeds with transparency and adherence to established temple governance principles. This decision serves as a significant reminder of the judiciary's role in safeguarding religious institutions' properties and ensuring responsible financial management within the Devaswom framework.