Kerala High Court Permits Hike in Temple Offering Rates, Upholds Devaswom Board's Financial Autonomy - 2025-04-07

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Kerala High Court Greenlights Hike in Sarkara Devaswom Offering Rates

Ernakulam, Kerala – In a recent judgment delivered on Thursday, February 13, 2025, the High Court of Kerala, presided over by Justices Anil K. Narendran and Muralee Krishna S. , permitted the Travancore Devaswom Board (TDB) to enhance the rates for ' Chirappu Vilakku ' Vazhipadu offerings at the Sarkara Devaswom temple in Varkala. The decision comes in response to DBP No.35 of 2024, initiated suo motu based on a report by the Ombudsman for the Travancore and Cochin Devaswom Boards and related complaints.

Background of the Case

The Travancore Devaswom Board, responsible for managing numerous temples in Kerala, sought permission to increase the rates of Chirappu Vilakku , a significant offering at Sarkara Devaswom involving 18 kg and 36 kg of oil. The proposal for rate revision stemmed from rising costs of materials and operational expenses since the last rate revision in 2015. The matter was initially brought before the Ombudsman, who, after considering devotees' concerns and audit observations, submitted Report No.2 of 2024, leading to the registration of DBP No.35 of 2024 by the High Court.

Ombudsman's Observations and Audit Scrutiny

The Ombudsman's report acknowledged the necessity for rate revision, noting that proposed ' Muthalkoottu ' rates seemed reasonable. However, it addressed concerns from devotees regarding the prior practice of allowing devotees to bring Vazhipadu materials. The report suggested that continuing this practice alongside the option of full payment could mitigate devotee dissatisfaction.

The Kerala State Audit Department also submitted remarks, highlighting the significant percentage increase in the 'Supplier Cost' component of the proposed rates – over 134% for both 18 kg and 36 kg Chirappu Vilakku . The audit also questioned whether Chirappu Vilakku was excluded from the Supplier Cost Savings Return (SCSR), seeking clarity from the Devaswom Board on this aspect.

Court's Rationale and Reliance on Precedents

The High Court, after considering submissions from both the Devaswom Board and the Senior Government Pleader representing the Audit Department, delved into the legal framework governing Devaswom administration. Referencing the Travancore-Cochin Hindu Religious Institutions Act, 1950, the court underscored the Board's statutory duty to maintain temples, ensure traditional rites, and provide facilities for devotees.

The judgment cited several previous rulings concerning judicial intervention in Vazhipadu rate revisions. In Anoop S. v. Travancore Devaswom Board , the court had previously held that rate fixation is primarily an administrative function, with limited scope for judicial review unless actions are "perverse and unreasonable." Similarly, in Radhakrishna Pillai N. v. Travancore Devaswom Board , while acknowledging limited judicial interference, the court maintained its purview to intervene against "arbitrary exercise" by the Devaswom in public interest.

The court also noted the precarious financial position of the Travancore Devaswom Board, as highlighted in Rajani P. Kuttan and another v. State of Kerala and others , where it was stated that only a small fraction of the 1250 temples under the Board are self-sufficient, relying heavily on Sabarimala Devaswom 's surplus income.

Decision and Implications

Ultimately, the High Court ruled in favor of the Travancore Devaswom Board, granting permission to enhance the Chirappu Vilakku Vazhipadu rates to ₹7,289 for 18 kg and ₹12,708 for 36 kg of oil, as proposed. The bench concluded that the rate hike was justifiable, considering the increased costs since 2015 and not "totally unreasonable" or "unguided."

The judgment underscores the judiciary's deference to the administrative autonomy of the Travancore Devaswom Board in managing temple affairs and revising Vazhipadu rates to ensure financial sustainability and the smooth conduct of religious practices. This decision allows the Sarkara Devaswom to implement the revised rates, potentially enhancing its revenue and facilitating better management of temple rituals and facilities for devotees.

- Case: DBP No.35 of 2024

- Court: High Court of Kerala at Ernakulam

- Bench: Honourable Mr.Justice Anil K. Narendran & Honourable Mr.Justice Muralee Krishna S.

- Petitioner: Travancore Devaswom Board

- Date of Judgment: February 13, 2025