Suo Motu v. State Of Kerala, Represented By The Principal Secretary To The Government, Revenue (Devaswom) Department, Government Secretariat
2024-02-15
ANIL K.NARENDRAN, G.GIRISH
body2024
DigiLaw.ai
ORDER : Anil K. Narendran, J. This DBP is registered suo motu vide proceedings dated 06.01.2024, based on a complaint dated nil received from a devotee by name Anilkumar M., pointing out the functioning of a Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple, a temple under the management of the 2nd respondent Travancore Devaswom Board. In the complaint, it is stated that the Temple Development Committee is going to conduct ‘Sapthaham’ by collecting huge amounts from the devotees. The complainant has also enclosed the information received from the State Public Information Officer, in the office of the District Registrar (General), in order to show that the registration of the Temple Development Committee has not been renewed from the year 2015 onwards. 2. On 10.01.2024, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the activities undertaken by the Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple and whether there is an elected Temple Advisory Committee in that temple, constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. 3. On 12.01.2024, when this matter came up for further consideration, Registry was directed to list this matter on 17.01.2024, along with the judges’ papers in DBP No.111 of 2023. 4. On 17.01.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board, on instructions from the 4th respondent Administrative Officer, submitted that the 5th respondent Temple Development Committee (Kshethra Vikasana Samithi) was permitted to conduct ‘Sapthaham’ during the period from 01.01.2024 till 08.01.2024, based on the permission granted by the 3rd respondent Devaswom Commissioner. The learned Standing Counsel was directed to produce a copy of that order of the Devaswom Commissioner, along with a memo. The learned Senior Government Pleader entered appearance for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4. Notice was ordered to the 5th respondent Temple Development Committee, by speed post. By the order dated 17.01.2024, individual affidavits of the 3rd respondent Devaswom Commissioner and the 4th respondent Administrative Officer were directed to be placed on record within two weeks. 5.
Notice was ordered to the 5th respondent Temple Development Committee, by speed post. By the order dated 17.01.2024, individual affidavits of the 3rd respondent Devaswom Commissioner and the 4th respondent Administrative Officer were directed to be placed on record within two weeks. 5. On 07.02.2024, when this DBP came up for consideration, the 5th respondent, who is the Secretary of the Temple Development Committee (Kshethra Vikasana Samithi), entered appearance through counsel and sought time to file counter. Two weeks’ time was granted. The submission made by the learned counsel for the 5th respondent on 07.02.2024, was that the Temple Development Committee has been conducting ‘Sapthaham’ in Thiruvallam Sree Parasurama Swamy Temple, for the last several years, as permitted by the Travancore Devaswom Board. 6. By the order dated 07.02.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to the aforesaid permission granted to the Temple Development Committee (Kshethra Vikasana Samithi) to conduct ‘Sapthaham’ in Thiruvallam Sree Parashurama Temple from 01.01.2024 till 08.01.2024. 7. Today, when this matter is taken up for consideration, the learned Standing Counsel has made available for the perusal of this Court, File No.ROC 8768/17/NS1, regarding the conduct of ‘Bhagavatha Sapthaham’ in Thiruvallam Sree Parasurama Swamy Temple by the Temple Development Committee (Kshethra Vikasana Samithi). 8. Heard the learned Senior Government Pleader for the 1st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Counsel for the 5th respondent. 9. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. 10. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 11.
11. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 12. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act deals with the formation of Temple Advisory Committees. As per sub-section (1) of Section 31A, a Committee for each temple, in the name “Temple Advisory Committee” (name of the temple), may be constituted in order to ensure the participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under subsection (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by rules made by the Board, not inconsistent with any practice, prevailing, if any. 13. In the exercise of the powers under sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules (Bye-laws) for the formation of Temple Advisory Committees in the temples under its management, which has been approved by this Court, by the order dated 03.11.2011 in DBA No.153 of 2009. 14. Clause (2) of the Rules, which deals with the objectives of the Temple Advisory Committees, reads thus : (underline supplied) 15. As per Clause (2) of the Rules the Temple Advisory Committee has to render necessary assistance to the Travancore Devaswom Board and its officials for the smooth functioning of the temple activities, the conduct of daily worship, ceremonies and festivals according to the usage. The Advisory Committee has to formulate schemes for the betterment and development of the temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth conduct of temple activities and festivals only with the permission of the Department. 16. Clause (3) of the Rules, which deals with membership, reads thus : 17.
The Advisory Committee shall collect donations from the devotees for the smooth conduct of temple activities and festivals only with the permission of the Department. 16. Clause (3) of the Rules, which deals with membership, reads thus : 17. Clause (3) of the Rules makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshipers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with the class of persons who are entitled to get membership. 18. Clause (9) of the Rules deals with office bearers and their duties. Clause (9.1) deals with the President, Clause (9.2) deals with the Vice President, Clause (9.3.) deals with the Secretary and Clause (9.4) deals with the Treasurer. Clause (9) of the Rules reads thus; (underline supplied) 19. As per Clause (9) of the Rules, one among the duties of the President, as provided in Clause (9.1), is to formulate projects for the betterment of the temple and for the convenience of the devotees and implement the same with the approval of the Board. The President has to supervise the collection of funds at the initiative of the Advisory Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Travancore Devaswom Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them in safe custody, after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30th April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 20.
As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 20. Section 31A of the Act provides for formation of a Temple Advisory Committee in a temple under the management of the Travancore Devaswom Board, in the name of the temple, in order to ensure the participation of Hindu devotees, and the composition of the Temple Advisory Committee shall be in the manner as prescribed in the rules made by the Board under subsection (3) of Section 31A, not inconsistent with any practice, if any, prevailing in that temple. The Rules (Bye-laws) framed by the Travancore Devaswom Board under sub-section (3) of Section 31A of the Act has been approved by this Court by the order dated 03.11.2011 in DBA No.153 of 2009. As per the provisions contained in Clause (2) of the Rules (Bye-laws), the Temple Advisory Committee has to render necessary assistance to the Travancore Devaswom Board and its officials for the smooth functioning of the temple activities, the conduct of daily worship, ceremonies and festivals according to the usage. The Temple Advisory Committee has to formulate schemes for the betterment and development of the temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth conduct of temple activities and festivals only with the permission of the Department. 21. As per the provisions contained in Clause (9) of the Rules (Bye-laws) the President of the Temple Advisory Committee has to supervise the collection of funds at the initiative of the Advisory Committee and he has to ensure that the functioning of the Committee is in accordance of the directions issued by the Board. The Secretary of the Advisory Committee has to get the approval of the Department for the collection of funds, against sealed coupons with the seal of the Assistant Commissioner. The Secretary has to ensure that such coupons are used only as per the permission granted by the Board.
The Secretary of the Advisory Committee has to get the approval of the Department for the collection of funds, against sealed coupons with the seal of the Assistant Commissioner. The Secretary has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to close the accounts relating to the collection of funds, income and expenditure audited, which shall be produced before the authorities in the Board before 30th April of every year. The Treasurer of the Committee has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 22. Clause (12) of the Rules, which deals with the powers and rights of the Devaswom Board, reads thus; (underline supplied) 23. As per Clause (12) of the Rules, the Devaswom Commissioner shall have the power to determine the eligibility of the members of the Advisory Committee and the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In the event of the activities of the Advisory Committee being contrary to the interest of the Temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 24. Clause (18) of the Rules, which deals with prohibitions, reads thus; (underline supplied) 25. Clause (18) of the Rules prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. 26.
No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. 26. In Sunil Kumar C. and others v. Travancore Devaswom Board and others [ 2022 (4) KHC 663 ] a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party held that the provisions under Clause (18) of the Rules provide sufficient safeguards to prevent illegal collection of funds by the Temple Advisory Committee for development activities in a temple. 27. In Major Vellayani Devi Temple Advisory Committee v. State of Kerala [ 2023 (2) KHC 290 ] this Court held that, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. 28. Thiruvallam Sree Parasurama Swamy Temple is a Temple under the management of the Travancore Devaswom Board, in which a Temple Advisory Committee has to be constituted by the Board, under the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Act.
28. Thiruvallam Sree Parasurama Swamy Temple is a Temple under the management of the Travancore Devaswom Board, in which a Temple Advisory Committee has to be constituted by the Board, under the Rules (Bye-laws) framed under sub-section (3) of Section 31A of the Act. In the order dated 07.02.2024 this Court noticed the submission made by the learned Counsel for the 5th respondent that the Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple is conducting ‘Sapthaham’ in the temple for the last several years, as permitted by the Travancore Devaswom Board. 29. We have perused the files handed over by the learned Standing Counsel for Travancore Devaswom Board, regarding the permission granted by the 3rd respondent Devaswom Commissioner to the Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple for conducting ‘Bhagavatha Sapthaha Yajnam’ in the temple from 01.01.2024 till 08.01.2024. The request dated 10.06.2022 made by Sree Parasurama Swamy Kshethra Vikasana Samithi seeking permission to conduct ‘Bhagavatha Sapthaha Yajnam’ in the temple, for the year 2023, is available at page No.305 of the file. Based on that request, the 3rd respondent Devaswom Commissioner granted permission for the year 2023, vide order dated 10.06.2022, which is available at page No.309 of the file. For conducting ‘Bhagavatha Sapthaha Yajnam’ for the year 2024, from 01.01.2024 to 08.01.2024, the Temple Development Committee submitted an application dated 12.10.2023 before the 4th respondent Administrative Officer. A copy of that request along with an estimate for a sum of Rs.12,00,000/- is available at page Nos.313 and 314 of the file. The additional 6th respondent Assistant Devaswom Commissioner forwarded that request to the Devaswom Commissioner along with a report dated 24.10.2023 of the Administrative Officer, vide letter dated 28.10.2023. A copy of that letter is available at page No.312 of the file. Based on that report, the Devaswom Commissioner, vide order dated 07.11.2023, granted permission to the Temple Development Committee to conduct ‘Bhagavatha Sapthaha Yajnam’ in the temple from 01.01.2024 to 08.01.2024 and a copy of that order is available at page No.316. By that order, the Temple Development Committee was permitted to collect Rs.10,00,000/- from the devotees against sealed coupons and it was also permitted to collect money from the devotees, within the temple premises. 30.
By that order, the Temple Development Committee was permitted to collect Rs.10,00,000/- from the devotees against sealed coupons and it was also permitted to collect money from the devotees, within the temple premises. 30. In DBP No.111 of 2023, which was registered suo motu based on a complaint against the formation of unauthorised committees in Thiruvallam Sree Parasurama Swamy Temple, this Court passed an interim order dated 24.11.2023, wherein it was made clear that in view of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, organisations under the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., cannot be permitted to function in the premises of Thiruvallam Sree Parasurama Swamy Temple. The 4th respondent Administrative Officer and additional 6th respondent Assistant Devaswom Commissioner were directed to take necessary steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple. Paragraphs 8 to 10 of that order read thus : “8. In view of the statutory provisions referred to hereinbefore and the law laid down by this Court in Major Vellayani Devi Temple Advisory Committee [ 2023 (2) KHC 290 ] and other decisions rendered in the context of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, including the decision in Sunilkumar C. and others v. Travancore Devaswom Board and others [ 2022 (4) KHC 663 ] organisations under the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., and Arts and Sports Clubs cannot be permitted to function in the temple premises of Thiruvallam Sree Parasurama Swamy Temple, which is a temple under the management of the Travancore Devaswom Board. Such organisations or clubs cannot be permitted to erect flex boards, banners, etc., inside the temple premises. It is for the concerned Assistant Commissioner and the 4th respondent Administrative Officer to take necessary steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple. 9. The learned Standing Counsel for Travancore Devaswom Board to place on record, within two weeks, an affidavit on behalf of the 2nd respondent Board, explaining the facts and circumstances, and also the reason for the non-constitution of a Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple, under Section 31A of the Act. 10.
9. The learned Standing Counsel for Travancore Devaswom Board to place on record, within two weeks, an affidavit on behalf of the 2nd respondent Board, explaining the facts and circumstances, and also the reason for the non-constitution of a Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple, under Section 31A of the Act. 10. The learned Senior Government Pleader to place on record an affidavit of the 6th respondent Station House Officer, Thiruvallam Police Station, within two weeks, as to whether flex boards or banners in the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., or Arts and Sports Clubs are erected on the road leading to Thiruvallam Sree Parasurama Swamy Temple.” (underline supplied) 31. By the order dated 12.12.2023, DBP No.111 of 2023 was disposed of with the directions contained in paragraph 12 of that order, whereby the interim order dated 24.11.2023 was made absolute, and the Assistant Devaswom Commissioner was directed to take necessary steps to convene the general body of the registered mandalam to elect the members of the Temple Advisory Committee, after complying with the statutory requirements. Paragraph 12 of that order reads thus; “12. In view of the statutory provisions referred to hereinabove and also the law laid down in the decisions referred to supra, it is for the Temple Advisory Committee of Thiruvallam Sree Parasurama Swamy Temple to render necessary assistance to the Travancore Devaswom Board and its officials for the smooth functioning of the temple activities and festivals according to the usage of that temple. Organisations under the name of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., and Arts and Sports Clubs cannot be permitted to function in the temple premises of Thiruvallam Sree Parasurama Swamy Temple, which is a temple under the management of the Travancore Devaswom Board. Such organisations or clubs cannot be permitted to erect flex boards, banners, etc., inside the temple premises. It is for the additional 7th respondent Assistant Commissioner and the 4th respondent Administrative Officer to take necessary steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple.
Such organisations or clubs cannot be permitted to erect flex boards, banners, etc., inside the temple premises. It is for the additional 7th respondent Assistant Commissioner and the 4th respondent Administrative Officer to take necessary steps to prevent the activities of such organisations in Thiruvallam Sree Parasurama Swamy Temple. Since there is no Temple Advisory Committee in Thiruvallam Sree Parasurama Swamy Temple, which is a major temple under the management of the Travancore Devaswom Board, the additional 7th respondent Assistant Commissioner is directed to take necessary steps to convene the general body of registered mandalam to elect the members of the Temple Advisory Committee, after complying with the statutory requirements. Necessary steps in that regard shall be initiated, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment. Till the constitution of a Temple Advisory Committee, the activities in Thiruvallam Sree Parasurama Swamy Temple shall be managed by the Board directly, through the additional 7th respondent Assistant Commissioner and the 4th respondent Administrative Officer. In case any assistance is required, the 4th respondent can approach the 6th respondent Station House Officer, with a proper request, in which event the Police shall render necessary assistance.” 32. The activities undertaken by the Temple Development Committee (Kshetra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple and the permission granted by the 3rd respondent Devaswom Commissioner by the order dated 07.11.2023 to the Temple Development Committee to conduct ‘Bhagavatha Sapthaha Yajnam’ from 01.01.2024 to 08.01.2024, after collecting a sum of Rs.10,00,000/- from the devotees, against sealed coupons, were not brought to the notice of this Court during the pendency of DBP No.111 of 2023. 33. The request made by the Temple Development Committee (Kshetra Vikasana Samithi) for conducting ‘Sapthaha Yajnam’ in Thiruvallam Sree Parasurama Swamy Temple, for the year 2024, which is available at page No.313 of the file handed over by the learned Standing Counsel for Travancore Devaswom Board, is in the letterhead of that Committee, which is re-produced hereunder : 34. In Suneesh K.S. v. Travancore Devaswom Board and others [ILR 2022 (1) Ker.
In Suneesh K.S. v. Travancore Devaswom Board and others [ILR 2022 (1) Ker. 1091] a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party, held that the traders, who are successful bidders of various Kuthaka items in the temples under the management of Travancore Devaswom Board shall not be permitted to exhibit in front of their stalls either the name of the Travancore Devaswom Board or the name of the Deity or the Temple. Similarly, a trader, who is conducting any stall outside the temple premises, after obtaining necessary licence from the concerned Municipality or Grama Panchayat, shall not be permitted to exhibit in front of his stall either the name of the Travancore Devaswom Board or the name of the Deity or the Temple. 35. As already noticed hereinbefore, sub-section (1) of Section 31A provides for constitution of a committee for each temple, in the name “Temple Advisory Committee” (name of the temple), in order to ensure the participation of Hindu devotees. the Advisory Committee has to render necessary assistance to the Travancore Devaswom Board and its officials for the smooth functioning of the temple activities, the conduct of daily worship, ceremonies and festivals according to the usage. The Advisory Committee has to formulate schemes for the betterment and development of the temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth conduct of temple activities and festivals, only with the permission of the Department. 36. In view of the provisions contained in Section 31A of the Act and the Rules (Bye-laws) framed under sub-section (3) of Section 31A, formation of Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., by the devotees, using the name of the deity or the name of the temple, which is under the management of Travancore Devaswom Board is legally impermissible. Such Committees cannot collect any money from the devotees, since any collection of money from the devotees in connection with any ceremonies, festivals or development activities can only be made either by the Board or by the Temple Advisory Committee formed under Section 31A of the Act. Any such collection of money by the Advisory Committee shall be with the prior permission of the Board, against sealed coupons issued by the Assistant Devaswom Commissioner. 37.
Any such collection of money by the Advisory Committee shall be with the prior permission of the Board, against sealed coupons issued by the Assistant Devaswom Commissioner. 37. ‘Bhagavatha Sapthaha Yajnam’ in Thiruvallam Sree Parasurama Swamy Temple has to be conducted every year, according to the usage, either by the Travancore Devaswom Board or by the Temple Advisory Committee formed under Section 31A of the Act. The Temple Development Committee (Kshetra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple in which the 5th respondent herein is Secretary should not have been granted permission to conduct ‘Bhagavatha Sapthaha Yajnam’ and the decision taken by the 3rd respondent Devaswom Commissioner vide order dated 07.11.2023, available at page No.316 of the file handed over by the learned Standing Counsel for Travancore Devaswom Board is per se arbitrary and illegal. In view of the provisions contained in the Rules (Bye-laws) framed under subsection (3) of Section 31A of the Act, which is having statutory force, the Temple Development Committee (Kshethra Vikasana Samithi) in Thiruvallam Sree Parasurama Swamy Temple, should not have been granted permission to conduct ‘Bhagavatha Sapthaha Yajnam’ in the temple or to collect money from the devotees for that purpose. It is for the Travancore Devaswom Board to take necessary steps to prevent the activities of committees like Kshethra Vikasana Samithi, Kshethra Samrakshana Samithi, etc., in the temples under its management. In the absence of a duly constituted Temple Advisory Committee under Section 31A of the Act, ceremonies, festivals, etc., in the temples under the management of the Board are conducted departmentally. 38. In such circumstances, this DBP is disposed of by directing the Travancore Devaswom Board and its officials to take necessary steps to ensure strict compliance of the directions contained in the order of this Court dated 12.12.2023 in DBP No.111 of 2023, in letter and spirit, by preventing the activities of the Temple Development Committee (Kshethra Vikasana Samithi), in which the 5th respondent herein is the Secretary, and other Committees in Thiruvallam Sree Parasurama Swami Temple. No such committees shall be granted permission to conduct ‘Bhagavatha Sapthaha Yajnam’ or any other activity in connection with the daily worship, ceremonies or festivals in the temple.
No such committees shall be granted permission to conduct ‘Bhagavatha Sapthaha Yajnam’ or any other activity in connection with the daily worship, ceremonies or festivals in the temple. The additional 6th respondent Assistant Devaswom Commissioner shall take necessary steps to ensure that the audited accounts of the Temple Development Committee (Kshethra Vikasana Samithi) in which the 5th respondent herein is the Secretary, in connection with the conduct of ‘Bhagavatha Sapthaha Yajnam’, for the year 2024 are subjected to audit by the Audit Wing of the Travancore Devaswom Board, within a period of two months. The audited accounts shall be subjected to further scrutiny by the additional 7th respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit. Thereafter, the additional 7th respondent shall file a report before this Court, which shall be numbered as DBAR and listed before the Devaswom Bench. Registry to return the file handed over by the learned Standing Counsel for Travancore Devaswom Board. The Judges’ papers in DBP No.111 of 2023 are returned.