Allowed

Chandrasekharan Nair v. Travancore Devaswom Board

Kerala HC17 Dec 2020WP(C)/24454/2020

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging the failure of the Travancore Devaswom Board to constitute Temple Advisory Committees. Although prayer regarding festival arrangements became infructuous, the Court directed the TDB to constitute the committees in two temples within three months, acknowledging pandemic constraints but emphasizing the statutory duty.

What did the court decide?

Directed the Travancore Devaswom Board to constitute Temple Advisory Committees in the specified temples within three months from the date of judgment.

Chandrasekharan Nair Vs Travancore… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.22631 OF 2020(D)

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PETITIONER:

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CHANDRASEKHARAN NAIR,AGED 59 YEARS S/O NARAYANAN NAIR,VILANGATTU HOUSE, VADAKKEMURI VILLAGE,UDAYANAPURAM,VAIKOM-686143.

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BY ADV. SRI.S.KRISHNAMOORTHY

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RESPONDENTS:

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1 TRAVANCORE DEWASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE,THIRUVANANTHAPURAM-695003.

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2 THE DEWASWOM COMMISSIONER, TRAVANCORE DEWASWOM BOARD, NANTHANCODE,THIRUVANANTHAPURAM-695003.

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3 THE ASSISTANT DEWASWOM COMMISSIONER, TRAVANCORE DEWASWOM BOARD,VAIKOM GROUP, VAIKOM-686143.

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4 THE SUB GROUP OFFICER,UDAYANAPURAM SRI SUBRAMANYA SWAMI TEMPLE,UDAYANAPURAM, VAIKOM-686143.

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5 THE DISTRICT COLLECTOR,OFFICE OF THE DISTRICT COLLECTOR, KOTTAYAM-686002.

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R1-4 BY ADV. SRI.G.SANTHOSH KUMAR (P), SC. SR.G.P- SRI.T.K.ANANDAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).24454/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).22631 & 24454/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.24454 OF 2020(F)

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PETITIONERS:

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1 CHANDRASEKHARAN NAIR AGED 59 YEARS

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S/O.NARAYANAN NAIR, VILANGATTU HOUSE, VADAKKEMURI VILLAGE, UDAYANAPURAM, VAIKOM-686143.

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2 ESWARA IYER, AGED 67 YEARS S/O.P.MAHADEVA IYER, ARCHANA, THEKKENADA, VAIKOM P.O., VAIKOM-686143.

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BY ADV. SRI.S.KRISHNAMOORTHY

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RESPONDENTS:

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1 TRAVANCORE DEWASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695003.

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2 THE DEWASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695003.

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W.P.(C).22631 & 24454/2020

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3 THE ASSISTANT DEWASWOM COMMISSIONER, TRAVANCORE DEWASWOM BOARD, VAIKOM GROUP, VAIKOM-686143.

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4 THE ADMINISTRATE OFFICER, VAIKOM DEVASWOM, VAIKOM-686143.

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SRI.G.SANTHOSH KUMAR, SC, TDB SR.G.P-SRI.T.K.ANANDAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).22631/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).22631 & 24454/2020

JUDGMENT

Ravikumar, J.

The former writ petition has been filed seeking the following

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reliefs:-

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i) To issue a writ of certiorari or other appropriate writ order or direction to call for the records leading to Ext P1 and to quash the same to the extent it restricts the presence of the elephant for the Vaikkathashtami festival on 8.12.2020.

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ii) To issue a writ of mandamus or other appropriate writ order or direction, directing the respondents 1 to 4 to allow one elephant to be participated to carry the thidambu of Lord Subramaniaswamy from Udayanapuram Temple on the day of Vaikkathashtami on 8.12.2020.

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iii)To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 to 4 to constitute a Temple Advisory Committee in accordance with Ext P2 notification issued by the 1^st respondent for Udayanapuram Subramania Swami Temple at the earliest.

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In view of the fact that the Vaikkathashtami festival is

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already over, prayer Nos. (i) and (ii) have become infructuous. The

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third prayer is for issuance of a writ of mandamus commanding

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W.P.(C).22631 & 24454/2020

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respondents 1 to 4 herein to constitute a Temple Advisory Committee in Udayanapuram Subramania Swami Temple following Ext.P2 notification.

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The latter writ petition has been filed seeking the following

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reliefs:-

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I) To issue a writ of mandamus or other appropriate writ order or direction, directing the respondents to constitute a Temple Advisory Committee for Vaikom Mahadeva Temple in accordance with Exhibit P6 within a time frame;

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II) To issue a writ of mandamus or other appropriate writ order or direction, directing the respondents to dissolve the present ad-hoc committee and to replace the same with new members in the absence of a Temple Advisory Committee constituted under Section 31A of the Act;

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III) To issue a writ of mandamus or other appropriate writ order or direction directing the first respondent to take action in pursuance to Exhibit P1 Vigilance report, suspending the existing Ad-hoc committee for Vaikkom Temple.

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The reliefs sought for in the former writ petition as also in the

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W.P.(C).22631 & 24454/2020 6

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latter writ petition would reveal that the grievance of the petitioners is regarding the failure on the part of the Travancore Devaswom Board (TDB) in constituting Temple Advisory Committee in Vaikom Mahadeva Temple under section 31A of the Travancore Hindu Religious Institutions Act (Amendment Act 2007), (for short 'the Act' only). The fact is that in the temples in question, there is no advisory committee constituted in accordance with the statutory provisions. In Vaikkom Mahadeva Temple, an ad-hoc committee is functioning, indisputably it is constituted for the purpose of effecting construction of chuttuvilakku in the temple. In such circumstances and in the light of the mandate under section 31A of the Act, TDB is bound to constitute Temple Advisory Committees in the aforesaid temples. The learned standing counsel for Travancore Devaswom Board submitted that in view of the COVID-19 pandemic situation, there is some difficulty to conduct election by convening a meeting of devotees physically. There is substance in the said contention as requiring all the registered devotees to assemble physically in the place for the aforesaid purpose may result in spreading of the disease.

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W.P.(C).22631 & 24454/2020 7

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However, no undue delay could be brooked in the matter as constitution of Temple Advisory Committee is a statutory function to be discharged by the TDB. We are of the view that taking into account all the circumstances, the writ petitions can be disposed of directing the TDB to constitute Temple Advisory Committees in Udayanapuram Subramania Swami Temple as also in Vaikkom Mahadeva Temple following the guidelines issued in the matter for discharging the statutory duty under section 31A of the Act. Ordered accordingly. It shall be done expeditiously, at any rate, within a period of three months from today, in accordance with the guidelines and norms in vogue.

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Writ petitions are disposed of.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

W.P.(C).22631 & 24454/2020

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APPENDIX OF WP(C) 24454/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE VIGILANCE REPORT DATED 1.7.2019 ISSUED BY THE DEVASWOM BOARD VIGILANCE.

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EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT IN THAT RESPECT DATED 28.1.2016.

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EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16.10.2019.

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EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27.2.2018 IN DBP.NO.177/2012.

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EXHIBIT P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE DEVOTEES DATED 31.10.2020 BEFORE 1ST RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE NOTIFICATION FOR CONSTITUTION OF TEMPLE ADVISORY COMMITTEE ISSUED BY 1ST RESPONDENT DATED 30.11.2011.

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W.P.(C).22631 & 24454/2020

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APPENDIX OF WP(C) 22631/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BOARD DECISION ROC NO.9014/20/NS DATED 13.10.2000 ISSUED BY THE 1ST RESPONDENT.

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TRUE COPY OF THE NOTIFICATION NO.ROCEXHIBIT P2 1809/09/N.S DATED 30.11.2011 ISSUED BY THE 1ST RESPONDENT.

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spc/

Chandrasekharan Nair v. Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Chandrasekharan Nair v. Travancore Devaswom Board

Case brief

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What did the court decide?

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