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2025 DIGILAW 1246 (KER)

Suo Motu v. State of Kerala

2025-05-19

ANIL K.NARENDRAN, P.V.BALAKRISHNAN

body2025
ORDER : Anil K. Narendran, J. 1. This DBP is registered suo motu, vide the order dated 26.07.2024 in DBP No.57 of 2022 and W.P. (C) No.22489 of 2024, after obtaining the order of the Hon’ble the Acting Chief Justice, on the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple, which were scheduled to be conducted from 17.03.2025 for 41 days and 01.04.2025 to 13.04.2025, respectively. Report No.2 of 2024 in DBP No.57 of 2022 filed by the learned Advocate Commissioner forms part of this DBP. 2. On 01.08.2024, when this DBP came up for consideration, the learned Senior Government Pleader entered appearance for respondents 1 to 8, Adv.A. Sreekala, the learned Standing Counsel for Vaikom Municipality for the 9 th respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 10 to 14. This Court issued notice to the 15 th respondent Temple Advisory Committee by speed post, returnable within ten days. The learned Standing Counsel for Travancore Devaswom Board submitted that regarding the formation of an Executive Committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ the Board has convened a meeting on 27.07.2024 at Vaikom Sree Mahadeva Temple and a list of 39 persons is prepared apart from 11 persons from the Temple Advisory Committee, which is pending approval before the Board. By the order dated 01.08.2024, the learned Standing Counsel was directed to place on record the list of those persons, along with a memo, by 06.08.2024. 3. On 13.09.2024, when this DBP came up for consideration, this Court passed a detailed order regarding the constitution of a 50 member committee, with 15 elected Secretaries, for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu-2025’ in Vaikom Sree Mahadeva Temple. In the said order it was made clear that the entire activities of the committee and the sub committees constituted for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 shall be governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . Paragraphs 4 to 19 of that order read thus: “4. A meeting of the devotees of Vaikom Sree Mahadeva Temple was convened on 28.07.2024 to elect 50 member committee including the existing 11 members of the Temple Advisory Committee. Paragraphs 4 to 19 of that order read thus: “4. A meeting of the devotees of Vaikom Sree Mahadeva Temple was convened on 28.07.2024 to elect 50 member committee including the existing 11 members of the Temple Advisory Committee. Accordingly, a 50 member committee is constituted as evident from Annexure R10(a) report dated 03.08.2024 submitted by the Administrative Officer, Vaikom to the Assistant Devaswom Commissioner, Vaikom. 5. On 05.08.2024, the learned Advocate Commissioner filed Report No.1 of 2024, enclosing therewith a chart of office bearers of the committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 in Vaikom Sree Mahadeva Temple. The said chart is reproduced hereunder: 6. On behalf of the 15 th respondent Temple Advisory Committee, an affidavit dated 08.08.2024 has been placed on record, producing therewith Annexures R15(a) and R15(b). An affidavit dated 29.08.2024 of respondents 10 to 14 has also been placed on record, producing therewith Annexure R10(b) mahazar of the meeting held on 27.08.2024, along with the list of office bearers elected in that meeting, which consists of 20 members from the 50 member committee. 7. The learned Advocate Commissioner has filed Report No.2 of 2024 dated 02.09.2024, producing therewith Annexure 1 notice dated 23.08.2024 of the Deputy Devaswom Commissioner, Vaikom, Annexure 2 panel submitted by the Temple Advisory Committee dated 27.08.2024 and Annexure 3 panel submitted by another group of devotees dated 27.08.2024. 8. By the order dated 06.09.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court the files relating to the decision taken by the Devaswom Commissioner. 9. Heard the learned Senior Government Pleader for respondents 1 to 8, the learned Standing Counsel for 9 th respondent Municipality, the learned Standing Counsel for Travancore Devaswom Board for respondents 10 to 14 and also the learned counsel for the additional 15 th respondent Temple Advisory Committee. 10. 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. 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. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. 11. 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. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 12. 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. 13. The President and General Secretary of the Committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 in Vaikom Sree Mahadeva Temple have already been elected in the meeting held on 27.08.2024. The learned counsel for the 15 th respondent Temple Advisory Committee would submit that two persons have been elected as President and General Secretary of the Committee, after considering the suggestion made by the members of the Temple Advisory Committee. The learned counsel for the 15 th respondent Temple Advisory Committee would submit that two persons have been elected as President and General Secretary of the Committee, after considering the suggestion made by the members of the Temple Advisory Committee. One post of Vice President is lying vacant since, in the order of approval granted by the Temple Advisory Committee, approval was not granted in the case of a persons, who is the Secretary of Sree Vaikathappan Annadhana Trust, on account of a pending litigation with the Travancore Devaswom Board. Out of the other two persons elected as Vice Presidents, Subhash P.T is presently the Municipal Vice Chairman, Vaikom Municipality. 14. Having considered the submissions made at the Bar, we are of the view that instead of the person holding the post of Municipal Vice Chairman, Vaikom Municipality, who is otherwise engaged in official works, the 50 member Committee can elect an office bearer/member of the Temple Advisory Committee as Vice President. In another post of Vice President as well an office bearer/member of the Temple Advisory Committee can be elected by the 50 member Committee. 15. Out of 15 persons elected as Secretaries of various committees, two persons are members of the Temple Advisory Committee. Considering the nature of responsibilities of various Committees, we are of the view that the 50 member Committee can elect the an office bearer/member of the Temple Advisory Committee, either as Secretary or Convenor of Finance Committee, Counter 1 and Counter 2 and Food and Accommodation Committee. 16. It is for the concerned officer of the Travancore Devaswom Board to take necessary steps to ensure that a meeting of the 50 member Committee is convened immediately on receipt of a copy of this order for electing members in the Committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’–2025. 17. The learned Advocate Commissioner shall participate in all the meetings of the said Committee and also the meetings of the sub committees. In case interference of this Court is necessary, the learned Advocate Commissioner shall submit interim reports before this Court. 18. We make it clear that the entire activities of the committee and the sub committees constituted for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 shall be governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . 18. We make it clear that the entire activities of the committee and the sub committees constituted for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 shall be governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . 19. The learned Standing Counsel for Travancore Devaswom Board would submit that the President of the Travancore Devaswom Board is convening a meeting at Vaikom Sree Mahadeva Temple on 22.09.2024, in order to discuss various issues relating to the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025. The said submission is recorded.” 4. On 15.10.2024, when this DBP came up for consideration, this Court ordered that the entire income and expenditure in respect of ’Kodi Archana’ and ’Vakdakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple for the year 2025 will be subjected to audit by the additional 16 th respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit. 5. On 08.11.2024, when this DBP came up for consideration, this Court passed an order regarding the opening of bank account of the additional 18 th respondent ‘Kodi Archana ‘Vadakkupurathu Pattu’ Committee. The said order reads thus; “Along with a memo dated 08.11.2024 filed by the learned Standing Counsel for the Travancore Devaswom Board, Annexure R10(e) Board order dated 06.11.2024 regarding the conduct of ’Kodi Archana’ and ’Vadakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple and Annexure R10(f) order dated 07.11.2024 of the Devaswom Commissioner, whereby the bank account of the Committee for the conduct of ’Kodi Archana’ and ’Vadakkupurathu Pattu’ is permitted to be opened in Vaikom Branch of Punjab National Bank, are placed on record. 2. During the course of arguments, it is submitted by the learned Advocate Commissioner, the learned Counsel for the 15 th respondent-Temple Advisory Committee and also the learned Counsel for the additional 18 th respondent- Kodi Archana Vadakkupurathu Pattu Committee that the bank account of the Committee has to be operated jointly by the President, Finance Secretary and Treasurer (Administrative Officer) of Kodi Archana Vadakkupurathu Pattu Committee. 3. The learned Senior Government Pleader would submit that the additional 16 th respondent Deputy Director, State Audit Department, has no objection on the above aspect. 4. 3. The learned Senior Government Pleader would submit that the additional 16 th respondent Deputy Director, State Audit Department, has no objection on the above aspect. 4. In such circumstances, it is ordered that the account of the additional 18 th respondent Kodi Archana Vadakkupurathu Pattu Committee shall be operated jointly by the President, Finance Secretary and Treasurer (Administrative Officer) of the said Committee. 5. The learned Advocate Commissioner would submit that since the Board has already granted permission to open the bank account in Vaikom Branch of Punjab National Bank, necessary steps in that regard shall be taken today itself, since Ashtami festival commences on 12.11.2024.” 6. On 13.03.2025, when this matter came up for consideration, this Court made it clear that filing of affidavits by the additional 18 th respondent ‘Kodi Archana’ ‘Vadakkupurathu Pattu’ Committee in this proceedings is unnecessary, since the entire activities of the committee and the sub-committees are governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and that the entire income and expenditure in respect of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ will be subjected to audit by the additional 16 th respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Audit. Paragraphs 3 to 6 of that order read thus; “3. The General Secretary of Kodi Archana Vadakkupurathu Pattu Committee-2025 filed an affidavit dated 17.01.2025, which is followed by another affidavit dated 16.02.2025. 4. In paragraph No.18 of the order of this Court dated 13.09.2024 in this DBP, this Court made it clear that the entire activities of the committee and the sub committees constituted for the conduct of ’Kodi Archana’ and ’Vadakkupurathu Pattu’-2025 shall be governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . Similarly, in Paragraph No.3 of the order dated 15.10.2024 in this DBP, this Court made it clear that the entire income and expenditure in respect of ’Kodi Archana’ and ’Vadakupurathu Pattu’ in Vaikom Sree Mahadeva Temple for the year 2025 will be subjected to audit by the additional 16 th respondent Deputy Director, State Audit Department, Travancore Devaswom Board Audit. 5. In the above circumstances, filing of such affidavits by the additional 18 th respondent Kodi Archana Vadakupurathu Pattu Committee-2025 in this proceedings is unnecessary. 6. 5. In the above circumstances, filing of such affidavits by the additional 18 th respondent Kodi Archana Vadakupurathu Pattu Committee-2025 in this proceedings is unnecessary. 6. The learned Advocate Commissioner has filed a report dated 11.03.2025. Having perused the report of the learned Advocate Commissioner, we find that the issue raised in paragraph No.7 of the report of the learned Advocate Commissioner is one that has to be considered by the Board at the appropriate level and not by this Court, based on the report of the learned Advocate Commissioner.” 7. On 17.03.2025, when this matter came up for consideration, this Court passed a detailed order regarding crowd management and other aspects during ’Kodi Archana’ and ’Vadakkupurathu Pattu’. Paragraphs 6 and 7 of that order read thus; “6. Regarding the parking of vehicles of the devotees, 6 parking grounds have been identified in the nearby schools and also in the Beach ground. A decision to that effect has already been taken in the joint meeting convened by the 6 th respondent District Collector, Kottayam. The roads around the temple compound have already been declared ‘no parking zones’, and bike patrolling has also been provided. In the report, it is stated that the police shall take necessary steps to ensure that the devotees have a safe and comfortable darshan at Vaikom Sree Mahadeva Temple, during ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’. 7.Having considered the report of the Deputy Superintendent of Police, Vaikom and also the submissions made at the Bar, we deem it appropriate to direct the 19 th respondent, District Police Chief, Kottayam, through the additional 20 th respondent Deputy Superintendent of Police, Vaikom and the 8 th respondent Station House Officer, Vaikom Police Station to take necessary steps to ensure proper crowd management during ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ at Vaikom Sree Mahadeva Temple, strictly in terms of the Police Bandobast Scheme, in order to ensure that the devotees have a safe and comfortable darshan for the period from 17.03.2025 till 13.04.2025.” 8. Today, when this matter is taken up for consideration, the learned Advocate Commissioner would submit that the entire activities in connection with ’Kodi Archana’ and ’Vadakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple were concluded by 13.04.2025. Today, when this matter is taken up for consideration, the learned Advocate Commissioner would submit that the entire activities in connection with ’Kodi Archana’ and ’Vadakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple were concluded by 13.04.2025. After conducting internal audit, the accounts of the Committee will be submitted for statutory audit by the additional 16 th respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Audit, through the additional 13 th respondent Assistant Devaswom Commissioner, Vaikom Group. The surplus amount in the account of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ Committee-2025 shall be kept in Fixed Deposit, for the time being. 9. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this DBP in terms of the directions contained in the aforesaid orders. The additional 13 th respondent Assistant Devaswom Commissioner shall ensure that the accounts of the additional 18 th respondent ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ Committee-2025, after internal audit, is submitted for statutory audit by the additional 16 th respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Audit, within a period of one month. After conducting a statutory audit, the report of the additional 16 th respondent shall be placed before this Court, which shall be numbered as DBAR and listed before the Division Bench dealing with Devaswom matters. After depositing the surplus amount in the account of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ Committee-2025 in a Fixed Deposit, pending statutory audit, the learned Advocate Commissioner shall file a report before this Court in DBP No.57 of 2022, which shall be listed before the Division Bench dealing with Devaswom matters, for further orders.