Santhosh Warrier, S/o. Late. Sankunni Warrier Kottuvad Warriem v. State Of Kerala
2025-04-08
ANIL K.NARENDRAN, MURALEE KRISHNA S.
body2025
DigiLaw.ai
JUDGMENT : Anil K. Narendran, J. The petitioner, who is a devotee of Peruvaram Sree Mahadeva Temple, North Paravur, which is a temple under the management of the 2 nd respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2 nd respondent Board to promptly take action to prevent the 7 th respondent Padinjare Nada Vilakku Committee and its associates from conducting parallel Vilakku festival within the premises of Peruvaram Sree Mahadeva Temple; and a writ of mandamus commanding the 2 nd respondent Board to implement appropriate measures to prohibit parking of vehicles in the temple property so as to ensure that the parking of vehicles of the devotees of Peruvaram Sree Mahadeva Temple is not obstructed. The document marked as Ext.P1 is a copy of the cash receipt dated 03.05.2024 issued by the 7 th respondent Padinjare Nada Vilakku Committee, after collecting Rs.1,000/- from M/s.Krishna Steels as donation for Thiruvulsavam-2024 (Annual Festival) of Peruvaram Sree Mahadeva Temple. Ext.P1 receipt dated 03.05.2024 issued by the 7 th respondent Vilakku Committee is extracted hereunder; 2. The documents marked as Ext.P2 series are a few photographs of the lamps put up by the 7 th respondent Vilakku Committee in Padinjare Nada (Western Nada) of Peruvaram Sree Mahadeva Temple, during the annual festival of the year 2024. The said photographs are extracted hereunder; In the writ petition, it is alleged that the persons associated with the 7 th respondent Vilakku Committee collected money from the devotees and general public for arranging lamps, without any authorisation from the 2 nd respondent Travancore Devaswom Board. The said lamps were put up at the Padinjare Nada of Peruvaram Sree Mahadeva Temple. In addition to that, the 7 th respondent Vilakku Committee made arrangements for ‘Para Nirakkal’ in the Padinjare Nada of the temple and collected money from the devotees. The document marked as Ext.P3 is a copy of the photograph taken on 05.05.2024, showing the arrangements made by the 7 th respondent Vilakku Committee for ‘Para Nirakkal’ in the Padinjare Nada of Peruvaram Sree Mahadeva Temple. The said photograph is extracted hereunder; 3.
The document marked as Ext.P3 is a copy of the photograph taken on 05.05.2024, showing the arrangements made by the 7 th respondent Vilakku Committee for ‘Para Nirakkal’ in the Padinjare Nada of Peruvaram Sree Mahadeva Temple. The said photograph is extracted hereunder; 3. The document marked as Ext.P4 is a complaint dated 26.12.2024 made by the petitioner before the Secretary of the 2 nd respondent Travancore Devaswom Board against the parallel Vilakku festival conducted in the Padinjare Nada of Peruvaram Sree Mahadeva Temple by the 7 th respondent Vilakku Committee and also against illegal parking of vehicles in the Devaswom land. Ext.P5 is a copy of similarly worded complaint dated 26.12.2024 made by the petitioner before the 3 rd respondent Devaswom Commissioner. The document marked as Ext.P6 is a photograph showing the condition of the road in front of the Padinjare Nada of Peruvaram Sree Mahadeva Temple, with broken interlock tiles, etc. causing difficulty to the devotees. 4. On 28.03.2025, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for 1 st respondent and also for additional respondents 8 and 9 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and also for the additional 10 th respondent. Urgent notice on admission by special messenger was ordered to respondents 6 and 7, returnable by 01.04.2025. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board submitted that in Peruvaram Sree Mahadeva Temple there is a Temple Advisory Committee constituted under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 . The learned Standing Counsel made available for the perusal of this Court a copy of the complaint dated 28.04.2024 made by the 4 th respondent Assistant Devaswom Commissioner, Paravur Group before the additional 8 th respondent Station House Officer, against unauthorised activities, including collection of money by the 7 th respondent Padinjare Nada Vilakku Committee. The said complaint reads thus; 5. By the order dated 28.03.2025, the learned Senior Government Pleader was directed to get instructions from the additional 8 th respondent Station House Officer as to the action taken on the aforesaid complaint dated 28.04.2024 made by the 4 th respondent Assistant Devaswom Commissioner against unauthorised activities, including collection of money by the 7 th respondent Padinjare Nada Vilakku Committee.
By the order dated 28.03.2025, the learned Senior Government Pleader was directed to get instructions from the additional 8 th respondent Station House Officer as to the action taken on the aforesaid complaint dated 28.04.2024 made by the 4 th respondent Assistant Devaswom Commissioner against unauthorised activities, including collection of money by the 7 th respondent Padinjare Nada Vilakku Committee. The learned Standing Counsel for Travancore Devaswom Board submitted that the Board has already ordered enquiry by its Vigilance Wing, on the report made by the 4 th respondent Assistant Devaswom Commissioner. The learned Standing Counsel sought time to get instructions on the outcome of that enquiry. 6. On 01.04.2025, when this writ petition came up for consideration, the 6 th respondent Temple Advisory Committee of Peruvaram Sree Mahadeva Temple and the 7 th respondent Padinjare Nada Vilakku Committee entered appearance through their respective counsel. The learned Senior Government Pleader sought further time to get instructions from the additional 8 th respondent Station House Officer as to the action taken on the complaint dated 28.04.2024 made by the 4 th respondent Assistant Devaswom Commissioner. 7. The learned Standing Counsel for Travancore Devaswom Board has filed a counter affidavit dated 03.04.2025 on behalf of respondents 2 to 5 and additional 10 th respondent, producing therewith Exts.R2(a) to R2(c) documents. The 6 th respondent Temple Advisory Committee has filed a counter affidavit dated 05.04.2025. The 7 th respondent Padinjare Nada Vilakku Committee has also filed a counter affidavit dated 07.04.2025. 8. Heard arguments of the learned counsel for the petitioner, the learned Senior Government Pleader for the 1 st respondent and also for additional respondents 8 and 9, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and also for the additional 10 th respondent, the learned counsel for the 6 th respondent Temple Advisory Committee and also the learned counsel for the 7 th respondent Padinjare Nada Vilakku Committee. 9. Travancore-Cochin Hindu Religious Institutions Act, 1950 , enacted by the State Legislature, provides for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Peruvaram Sree Mahadeva Temple is an incorporated Devaswom in Schedule I of the said Act. 10. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the duties of the Board.
Peruvaram Sree Mahadeva Temple is an incorporated Devaswom in Schedule I of the said Act. 10. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the 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 31 of the Act deals with the 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. 11. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per sub-section (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub- section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (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 the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub- section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 12.
In terms of sub- section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 12. As held by a Division Bench of this Court in Major Vellayani Devi Temple Advisory Committee v. State of Kerala [ 2023 (2) KHC 290 ] , in which one among us [Anil K. Narendran, J.] was a party, 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 the temples under its management are performed promptly; and to establish and maintain proper facilities in the temples 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 Devaswoms and arrange for the conduct of the daily worship and ceremonies and of the festivals in the temples 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. The law laid down in the said decision was reiterated in Rajalekshmi P. v. State of Kerala [ 2023 (3) KHC 491 ] 13. Peruvaram Sree Mahadeva Temple is a major Siva Temple under the management of the 2 nd respondent Travancore Devaswom Board. The Upadevatas of the temple include Lord Ganapathi, Lord Ayyappa and Goddess Sree Parvati, sitting behind Lord Siva towards Padinjare Nada. The 6 th respondent is the Temple Advisory Committee of Peruvaram Sree Mahadeva Temple, constituted under Section 31A of the Act, which consists of the 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. 14.
The 6 th respondent is the Temple Advisory Committee of Peruvaram Sree Mahadeva Temple, constituted under Section 31A of the Act, which consists of the 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. 14. The specific stand taken in the counter affidavit filed on behalf of respondents 2 to 5 and the additional 10 th respondent is that the 7 th respondent Padinjare Nada Vilakku Committee is illegally conducting Vilakku festival in Peruvaram Sree Mahadeva Temple, without obtaining any permission from the Travancore Devaswom Board. The 7 th respondent Vilakku Committee is collecting huge amounts from the devotees without any sealed coupons issued by the Board. Moreover, the Vilakku festival conducted by the 7 th respondent Vilakku Committee is posing serious threat to the safety of the devotees. The 4 th respondent Assistant Devaswom Commissioner, upon knowing about the illegal collection of amounts from the devotees, preferred Ext.R2(a) complaint dated 28.04.2024 against the 7 th respondent Vilakku Committee, before the additional 8 th respondent Station House Officer, North Paravur Police Station. However, instead of registering a crime, the 8 th respondent insisted for an amicable settlement of the issue. When the said issue was brought to the notice of the Devaswom Board, a Vigilance inquiry was ordered in the matter. The additional 10 th respondent Chief Vigilance and Security Officer (Superintendent of Police) submitted Ext.R2(b) report dated 13.06.2024, enclosing therewith the report of the Vigilance Sub Inspector, North Zone. Accordingly, the 3 rd respondent Devaswom Commissioner vide Order ROC No.20757/ 24/VIG dated 05.11.2024 instructed the 4 th respondent Assistant Devaswom Commissioner to act in accordance with the recommendations contained in Ext.R2(b) Vigilance report. The annual festival of the temple for the year 1200ME (2025) is from 23.04.2025 till 02.05.2025 and Valiyavilakku is scheduled to be held on 01.05.2025. Since the 7 th respondent Vilakku Committee is taking steps to continue with the illegal activities, the 5 th respondent Sub Group Officer has preferred Ext.R2(c) complaint dated 03.04.2025 before the additional 8 th respondent Station House Officer. 15. Regarding unauthorised parking of vehicles in the Devaswom land of Peruvaram Sree Mahadeva Temple, it is stated in the said counter affidavit that even though ‘No parking’ board has been erected in the Devaswom property, vehicles are being parked unauthorisedly, causing much hardship to the devotees.
15. Regarding unauthorised parking of vehicles in the Devaswom land of Peruvaram Sree Mahadeva Temple, it is stated in the said counter affidavit that even though ‘No parking’ board has been erected in the Devaswom property, vehicles are being parked unauthorisedly, causing much hardship to the devotees. In Ext.R2(c) complaint dated 03.04.2025 submitted before the additional 8 th respondent Station House Officer, the 5 th respondent Sub Group Officer has pointed out the illegal parking of vehicles in the Devaswom land. 16. In Chandu K. v. Travancore Devaswom Board [ 2021 (3) KHC 379 ] a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of sub- section (2) of Section 35 of the Act, has framed the Rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. 17. Clause (18) of the said Rules, which deals with prohibitions, reads thus; (underline supplied) 18. Clause (18) of the said Rules prohibits the Temple Advisory Committee or its members from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. When coupons are printed for collecting money in connection with any 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 money. 19. The provisions under Clause (18) of the Rules framed under sub-section (3) of Section 31A of the Act provides sufficient safeguards to prevent illegal collection of money by the Temple Advisory Committee constituted in temples under the management of the Travancore Devaswom Board. Clause (18) of the Rules prohibits the Temple Advisory Committee or its members from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. When coupons are printed in connection with any development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed.
Clause (18) of the Rules prohibits the Temple Advisory Committee or its members from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundies. When coupons are printed in connection with any development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. Further, no receipts without the seal of the Assistant Commissioner shall be used for collecting money. In view of the prohibition contained in Clause (18) of the Rules, even a Temple Advisory Committee, constituted under Section 31A of the Act, cannot collect money from the devotees in connection with ‘Para Nirakkal’ in a temple under the management of the Travancore Devaswom Board. No committee other than the Temple Advisory Committee constituted under Section 31A of the Act, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules, shall have any activity in a temple under the management of the Travancore Devaswom Board in connection with the daily worship, ceremonies and festivals. 20. The stand taken in the counter affidavit filed by the 7 th respondent Padinjare Nada Vilakku Committee is that the said committee is constituted by the devotees of the temple, including the nearby residents, who used to donate oil for lighting the lamps in Peruvaram Sree Mahadeva Temple. The said committee is usually formed during the onset of the annual festival of the temple, by convening a meeting. In that meeting, the President, Secretary and other members of the committee are being elected. The object of the formation of such a committee is to organise ‘Padinjare Nada Vilakku’ in connection with the annual festival of the temple in a grand manner. After the festival is over, the committee ceased to exit. In the counter affidavit, it is stated that the members of the 6 th respondent Temple Advisory Committee and also the employees of the 2 nd respondent Travancore Devaswom Board are supporting the activities of the 7 th respondent Vilakku Committee in connection with ‘Padinjare Nada Vilakku’. The 7 th respondent Vilakku Committee is accepting voluntary donations from those who are interested in participating in ‘Padinjare Nada Vilakku’. There is no complaint from any devotees that the 7 th respondent Vilakku Committee has collected funds claiming affiliation with the temple in a forceful manner.
The 7 th respondent Vilakku Committee is accepting voluntary donations from those who are interested in participating in ‘Padinjare Nada Vilakku’. There is no complaint from any devotees that the 7 th respondent Vilakku Committee has collected funds claiming affiliation with the temple in a forceful manner. Another committee by name Kizhakke Nada Vilakku Committee is conducting ‘Kizhakke Nada Vilakku’ in the Kizhakke Nada (Eastern Nada) of Peruvaram Sree Mahadeva Temple, during the annual festival. The 7 th respondent Padinjare Nada Vilakku Committee lit the lamps on the 9 th day of the annual festival, whereas Kizhakke Nada Vilakku Committee lit the lamps on the 10 th day of the annual festival. Valiya Vilakku in connection with the annual festival of the temple is conducted inside the Chuttambalam, whereas the Vilakku Committees lit their lamps outside the Chuttambalam. 21. The stand taken in the counter affidavit filed by the 6 th respondent Temple Advisory Committee is that the 7 th respondent Padinjare Nada Vilakku Committee is illegally conducting Vilakku in the Padinjare Nada of Peruvaram Sree Mahadeva Temple and they are unauthorisedly collecting money from the devotees. The said committee is putting up several lamp stands in Padinjare Nada, posing threat to the safety of the devotees. During the annual festival of the year 1199ME (2024), the 7 th respondent Vilakku Committee installed a sculpture of Lord Narasimha and organised ‘Para Nirakkal’ in front of that installation. They collected funds for ‘Para Nirakkal’ after making announcements through mike and issued receipts to the devotees. 22. In view of the provisions contained in Section 31A of the Act and the Rules made under sub-section (3) of Section 31A, no committee other than the 6 th respondent Temple Advisory Committee constituted under Section 31A of the Act, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules, shall have any activity in Peruvaram Sree Mahadeva Temple under the management of the 2 nd respondent Travancore Devaswom Board in connection with the daily worship, ceremonies and festivals. In view of the prohibition contained in Clause (18) of the Rules, even the 6 th respondent Temple Advisory Committee cannot collect money from the devotees in connection with ‘Para Nirakkal’ in the said temple.
In view of the prohibition contained in Clause (18) of the Rules, even the 6 th respondent Temple Advisory Committee cannot collect money from the devotees in connection with ‘Para Nirakkal’ in the said temple. 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 7 th 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. When such illegal collection of money from the devotees by the 7 th respondent Vilakku Committee, during the annual festival of the year 1199ME (2024), was brought to the notice of the additional 8 th respondent Station House Officer, by submitting Ext.R2(a) complaint dated 28.04.2024 made by the 4 th respondent Assistant Devaswom Commissioner, the Police ought to have taken action on that complaint, in accordance with law. Regarding the annual festival for the year 1200ME (2025), which is scheduled to be held from 23.04.2025 till 02.05.2025, the 5 th respondent Sub Group Officer has already submitted Ext.R2(c) complaint dated 03.04.2025 before the additional 8 th respondent Station House Officer. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this writ petition with a declaration that no committee other than the 6 th respondent Temple Advisory Committee constituted under Section 31A of the Act, shall have any activity in Peruvaram Sree Mahadeva Temple, which is under the management of the 2 nd respondent Travancore Devaswom Board, in connection with the daily worship, ceremonies and festivals, including the annual festival for the year 1200ME (2025), which is scheduled to be held from 23.04.2025 till 02.05.2025. The 6 th respondent Temple Advisory Committee shall render necessary assistance to the Board and its officials for the smooth conduct of the annual festival and the activities connected therewith, according to the usage of that temple.
The 6 th respondent Temple Advisory Committee shall render necessary assistance to the Board and its officials for the smooth conduct of the annual festival and the activities connected therewith, according to the usage of that temple. Any collection of money from the devotees by the 6 th respondent Temple Advisory Committee, in connection with the annual festival, shall be with the prior approval of the Board, against sealed coupons issued by the Assistant Commissioner. The 7 th respondent Padinjare Nada Vilakku Committee or any committee other than the 6 th respondent Temple Advisory Committee shall have no connection whatsoever with the annual festival of Peruvaram Sree Mahadeva Temple for the year 1200ME (2025). In case of unauthorised activities by any such committees, including collection of money from the devotees, the 4 th respondent Assistant Devaswom Commissioner or the 5 th respondent Sub Group Officer shall submit a complaint before the additional 8 th respondent Station House Officer, in which event, the said respondent shall take immediate action on that complaint in accordance with law. In case of unauthorised parking of vehicles in the Devaswom land of Peruvaram Sree Mahadeva Temple, on a complaint being made, the 8 th respondent Station House Officer shall take necessary action in accordance with law.