Only Statutory Temple Advisory Committees Can Conduct Temple Activities & Collect Funds Under Sec 31A of TCHRI Act & TAC Rules: Kerala HC - 2025-04-08

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Kerala High Court: Only Official Temple Advisory Committees Can Conduct Festivals and Collect Funds

Ernakulam, Kerala – In a significant ruling impacting the administration of temples under the Travancore Devaswom Board (TDB), the Kerala High Court has declared that no committee other than the statutorily constituted Temple Advisory Committee (TAC) can conduct activities, including festivals and fund collection, within temple premises. The judgment, delivered by a Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. , emphasized adherence to the Travancore-Cochin Hindu Religious Institutions (TCHRI) Act, 1950, and the rules framed thereunder.

The decision came in a writ petition filed by Santhosh Warrier , a devotee of Peruvaram Sree Mahadeva Temple, North Paravur, managed by the TDB.

Case Background: Unauthorized Activities and Fund Collection

The petitioner, Mr. Warrier , approached the High Court seeking intervention against the Padinjare Nada Vilakku Committee (7th respondent). He alleged that this committee was conducting a "parallel Vilakku festival" and collecting funds from devotees and the public for the temple's annual festival without any authorization from the Travancore Devaswom Board. Evidence presented included a cash receipt (Ext.P1) issued by the Vilakku Committee for a donation and photographs (Ext.P2, P3) showing lamps and arrangements for 'Para Nirakkal' (a ritual offering) made by the committee.

Mr. Warrier had previously lodged complaints with the TDB Secretary and the Devaswom Commissioner regarding these unauthorized activities and also highlighted issues of illegal vehicle parking within the temple property, causing obstruction to devotees.

Arguments from Respondents

Travancore Devaswom Board (TDB) : The TDB, through its counsel, supported the petitioner's stance. They stated that the Padinjare Nada Vilakku Committee was indeed conducting illegal activities, including unauthorized fund collection, and that these posed a safety threat. The Board had lodged a complaint (Ext.R2(a)) with the North Paravur Police on April 28, 2024, against the committee. However, the police allegedly insisted on an amicable settlement instead of registering a crime. A vigilance inquiry was subsequently ordered by the TDB (report Ext.R2(b)), and a fresh complaint (Ext.R2(c)) was filed on April 3, 2025, concerning the upcoming annual festival. The TDB also acknowledged the problem of unauthorized parking.

Temple Advisory Committee (TAC - 6th Respondent) : The official TAC of the Peruvaram Sree Mahadeva Temple also submitted that the Padinjare Nada Vilakku Committee was acting illegally and collecting money without authorization, further stating their activities posed safety risks.

Padinjare Nada Vilakku Committee (7th Respondent) : This committee argued it was formed by devotees and local residents to organize the 'Padinjare Nada Vilakku' during the annual festival in a grand manner and ceased to exist post-festival. They claimed their fund collection was voluntary and that they had support from some TAC members and TDB employees. They also mentioned another similar committee, Kizhakke Nada Vilakku Committee, operating in the temple.

Legal Framework and Court's Reasoning

The High Court meticulously examined the legal provisions governing temple administration under the TDB.

Key Legal Provisions Invoked:

* Section 15A, TCHRI Act, 1950 : Outlines the duties of the Board, including ensuring traditional rites, proper maintenance, and facilities for devotees.

* Section 31, TCHRI Act, 1950 : Mandates the Board to manage Devaswom properties and affairs, and conduct worship and festivals according to temple usage.

* Section 31A, TCHRI Act, 1950 : Provides for the statutory formation of Temple Advisory Committees (TACs) to ensure devotee participation, with Board approval and composition as per prescribed rules.

* Clause (18) of the Rules for TACs : This crucial clause prohibits TACs or their members from unauthorized fund collection (e.g., via kanikkavanchi/hundies). It stipulates that any coupons for fund collection for development activities require departmental approval, must be for specified amounts, and bear the seal of the Assistant Devaswom Commissioner.

Court's Observations and Precedents: The Court reiterated its previous rulings in Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290] and Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491], emphasizing the TDB's duties and the TAC's role in assisting the Board. It also referred to Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379], which affirmed the statutory nature of TACs.

The Bench underscored that: > "No committee other than the Temple Advisory Committee constituted under Section 31A of the Act... shall have any activity in a temple under the management of the Travancore Devaswom Board in connection with the daily worship, ceremonies and festivals."

Furthermore, the Court clarified the stringent rules for fund collection: > "When collection of money from the devotees in connection with any ceremonies or development activities in a temple under the management of the Travancore Devaswom Board is legally permissible only against sealed coupons/receipts issued to the Temple Advisory Committee by the Assistant Commissioner, with the approval of the Board, the collection of money from the devotees by the 7th respondent Padinjare Nada Vilakku Committee, in connection with Vilakku festival or ‘Para Nirakkal’ in Peruvaram Sree Mahadeva Temple is per se arbitrary and patently illegal."

The Court noted that even the official TAC is bound by Clause (18) and cannot, for instance, collect money for 'Para Nirakkal' without adhering to these strict regulations. The police were also implicitly reminded of their duty to act on complaints regarding such illegal activities.

Final Directives

Disposing of the writ petition, the Kerala High Court issued the following key directives:

Exclusive Role of TAC : No committee other than the 6th respondent (the official Temple Advisory Committee) shall conduct any activity related to daily worship, ceremonies, or festivals (including the upcoming annual festival from April 23, 2025, to May 2, 2025) at Peruvaram Sree Mahadeva Temple.

TAC's Responsibilities : The official TAC must assist the TDB and its officials in the smooth conduct of the annual festival according to temple usage.

Regulated Fund Collection : Any fund collection by the TAC must have prior approval from the TDB and be conducted only through sealed coupons issued by the Assistant Devaswom Commissioner.

Prohibition on Other Committees : The 7th respondent (Padinjare Nada Vilakku Committee) or any committee other than the official TAC shall have no involvement with the temple's annual festival.

Action Against Violations : If unauthorized activities or fund collections occur, the Assistant Devaswom Commissioner or the Sub Group Officer must file a complaint with the Station House Officer, North Paravur Police Station, who is then mandated to take immediate legal action.

Parking : The Station House Officer must also take necessary action against unauthorized vehicle parking on Devaswom land upon receiving a complaint.

This judgment reinforces the statutory framework for temple management under the Travancore Devaswom Board, aiming to curb unauthorized activities and ensure transparency and accountability in temple affairs.