Allowed

Rajalakshmi.K @ Gomathy Amma v. Travancore Devaswom Board

Kerala HC10 Nov 2022WP(C)/6408/2020

Case brief

AI extract

What is this about?

The High Court of Kerala held that the Travancore Devaswom Board has a statutory duty under the Travancore-Cochin Hindu Religious Institutions Act, 1950, to maintain temples in good repair. The Court directed the Board to prepare an estimate and grant administrative sanction for the reconstruction of the Sreekovil within three months.

What did the court decide?

The 6th respondent to prepare a revised estimate within three months; the 4th respondent to place the matter before the 1st respondent for administrative sanction thereafter.

Rajalakshmi.K @ Gomathy Amma Vs Travancore… — Pension and Retirement Benefits | Kerala HC (2022)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
WP(C) NO. 6408 OF 2020

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PETITIONER/S:

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RAJALAKSHMI.K @ GOMATHY AMMA
AGED 76 YEARS

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W/O. (LATE) RAJASEKHARAN NAIR, MADATHUMPARAMBU,
NANDIKULANGARA, MANNAM PO, NORTH PARAVUR-683520.

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BY ADV S.SUBHASH CHAND

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RESPONDENT/S:

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1 TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.

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2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM COMMISSIONER, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695003.

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3 THE ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, PARAVUR GROUP, NORTH PARAVUR-683513.

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4 THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695003.

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5 THE EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE EXECUTIVE

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WP(C) NO. 6408 OF 2020

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ENGINEER, KOTTAYAM-686001.

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6 THE ASSISTANT ENGINEER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE ASSISTANT ENGINEER, ALUVA-683101.

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7 THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, MANNAM SUB GROUP, MANNAM683520.

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8 THE TEMPLE ADVISORY COMMITTEE OF NANDIKULANGARA SREE KRISHNA SWAMY TEMPLE, NANDIKULANGARA DEVASWOM, MANNAM P.O., NORTH PARAVUR683520, REPRESENTED BY ITS SECRETARY.

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BY ADVS.

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P.G.JAYASHANKAR
G.SANTHOSH KUMAR (P).

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 6408 OF 2020

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner, who is a devotee of Lord Maha Vishnu of Nandikulangara Sree Krishna Swamy Temple at North Paravur, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 8 to

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initiate immediate steps for the purpose of

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renovating/reconstructing the sanctum sanctorum, chuttambalam and Namaskaramandapam of the said temple, pursuant to Exts.P11 to P17, within a time frame to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 7 to take immediate steps for the implementation of Ext.P13 order dated 30.08.2019 and Ext.P15 order dated 18.11.2019 issued by the 1^st respondent Travancore Devaswom Board, in letter and spirit, forthwith or within a time frame to be fixed by this Court. Going by the averments in the writ petition, the temple structures are in a dilapidated condition, which requires immediate reconstruction/renovation.

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On 03.03.2020 when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions and file

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statement.

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On 17.08.2022, when this writ petition came up for

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consideration, Registry was directed to show the name of the present Standing Counsel for Travancore Devaswom Board and list this matter for further consideration on 24.08.2022, for the learned Standing Counsel to get instructions. On 13.10.2022, the learned Standing Counsel for Travancore Devaswom Board sought some more time to file counter affidavit. The 1^st respondent was directed to make available for the perusal of this Court a few photographs of the temple structure and the matter was ordered to be listed on 10.11.2022.

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The counter affidavit of respondents 1 to 7 is placed on record, producing therewith a few photographs as Exhibit R1(a) showing the present condition of the temple structure. From the counter affidavit, it is seen that, ‘Devaprasnam’ was conducted in the temple on 13.11.2015 and it was suggested to reconstruct the Sreekovil. Accordingly, the Thantri had prepared the plan for the proposed construction and the Board as per its decision No.ROC No.2518/18/M dated 26.03.2018, accorded administrative sanction for the re-construction of Sreekovil, for Rs.16,60,000/-, based on DSR 2014. The work was e-tendered twice and there was no

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WP(C) NO. 6408 OF 2020

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response. Subsequently, the Assistant Engineer, Aluva invited quotations and obtained one offer from Sri.M.M.Mathai, demanding 190% above the estimated rates, after negotiation. Since the rate was exorbitant, the rates could not be admitted. Further the Assistant Engineer, Aluva was directed to recast the estimate based on current schedule of rate (DSR 2018). The Assistant Engineer, Aluva, has reported that he is now preparing the estimate and the same shall be submitted immediately. After receiving the estimate prepared in accordance to DSR 2018 by the Assistant Engineer, Aluva, e-tender will be invited without any further delay. In the counter affidavit it is stated that the respondents will take appropriate steps in the matter, in a time bound manner.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 7. Considering the nature of reliefs proposed to be granted, service of notice on the 8^th respondent Temple Advisory Committee is dispensed with.

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Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and

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WP(C) NO. 6408 OF 2020 unincorporated Devaswoms and of other Hindu Religious

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Endowments and Funds.

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Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board.

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Section 4 of the Act deals with constitution of the

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Travancore Devaswom Board. As per sub-section (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms

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and Hindu Religious Institutions and Endowments under the management of the Board.

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Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per subsection (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction.

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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;

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(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.

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Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet

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the expenditure for the customary religious ceremonies and may provide for the educational uplift, social and cultural advancement and economic betterment of the Hindu community.

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Section 27 of the Act deals with Devaswom properties. As per Section 27, immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and

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such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30^th Meenam, 1097 corresponding to the 12^th April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 (IV of 1091) shall be applicable to Devaswom lands as in the case of Government lands.

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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.

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Viewed in the light of the statutory provisions referred to hereinbefore, conclusion is irresistible that the Travancore Devaswom Board and its officials have got a statutory duty to keep in a state of good repair the temple structure of Nandikulangara Sree Krishna Swamy Temple and administer the said Devaswom in accordance with recognized usages. As evident from Ext.R1(a) photographs, the Sreekovil of the temple requires immediate attention. The inaction on the part of the 1^st respondent Board and

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its officials, which amounts to their failure to discharge the statutory duties in the management of the properties and affairs of the Devaswom necessitated the filing of this writ petition by the petitioner, who is a devotee, aged 78 years, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, projecting cause of the devotees of Lord Maha Vishnu of Nandikulangara Sree Krishna Swamy Temple.

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Having considered the pleadings and materials on record

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and also the submissions made by the learned counsel on both sides, we deem it appropriate to dispose of this writ petition with the following directions;

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The 6^th respondent Assistant Engineer shall prepare a revised estimate for the reconstruction of the Sreekovil of Nandikulangara Sree Krishna Swamy Temple in accordance with the approved procedure, which shall be forwarded to the 4^th respondent Chief Engineer, through the 5^th respondent Executive Engineer. Thereafter, the 4^th respondent Chief Engineer shall place the matter before the 1^st respondent Travancore Devaswom Board for administrative sanction. The entire exercise in this regard shall be completed by all concerned, as expeditiously as possible, at any rate, within a period of three months. Thereafter, based on the

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administrative sanction accorded by the Travancore Devaswom Board, the Board shall file petition before the learned Ombudsman,

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with the Local Fund Audit in the party array.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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bkn/-

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WP(C) NO. 6408 OF 2020

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APPENDIX OF WP(C) 6408/2020

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF PROCEEDINGS BEARING ROC`
	`NO.16135/15/PR DATED 11.11.2015 ISSUED BY` `THE` `OFFICE` `OF` `RESPONDENT` `NO.2` `TO` `RESPONDENT NO.3.`
`EXHIBIT P2`	`TRUE COPY OF REPORT DATED 13.11.2015` `SUBMITTED BY THE LEARNED ASTROLOGERS.`
`EXHIBIT P3`	`TRUE` `COPY` `OF` `COVERING` `LETTER` `DATED` `23.11.2016 ALONG WITH THE MEASUREMENTS` `AND PLAN THUS FORWARDED TO RESPONDENT` `NO.3.`
`EXHIBIT P4`	`TRUE` `COPY` `OF` `COMMUNICATION` `DATED` `31.8.2017 ISSUED BY TANTRIC OF THE TEMPLE` `TO RESPONDENT NO.3.`
`EXHIBIT P5`	`TRUE` `COPY` `OF` `COMMUNICATION` `DATED` `5.10.2017 ISSUED BY RESPONDENT NO.3 TO` `RESPONDENT NO.6.`
`EXHIBIT P6`	`TRUE` `COPY` `OF` `COMMUNICATION` `DATED` `23.10.2017 ISSUED BY RESPONDENT NO.3 TO` `RESPONDENT NO.6.`
`EXHIBIT P7`	`TRUE COPY OF THE COMMUNICATION DATED` `5.12.2017 SUBMITTED BY RESPONDENT NO.6` `BEFORE RESPONDENT NO.5 ALONG WITH THE` `ESTIMATE REPORT.`
`EXHIBIT P8`	`TRUE COPY OF THE COMMUNICATION DATED` `6.3.2018 ALONG WITH THE ESTIMATE FOR THE` `WORK BASED UPON DSR 2014.`
`EXHIBIT P9`	`TRUE COPY OF THE REPRESENTATION DATED` `6.2.2019 THUS SUBMITTED BY THE PETITIONER` `BEFORE RESPONDENT NO.1.`
`EXHIBIT P10`	`TRUE COPY OF THE REPORT BEARING NO.2562` `DATED 13.02.2019 SUBMITTED BY RESPONDENT`

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NO.3 BEFORE RESPONDENT NO.2.

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`EXHIBIT P11`	`TRUE` `COPY`	`OF` `THE` `JUDGMENT` `DATED`
	`18.03.2019` `IN W.P.(C)`	`PASSED BY THIS HON'BLE COURT` `NO.6937/2019.`
`EXHIBIT P12`	`TRUE` `COPY` `05.09.2019` `IN CONTEMPT`	`OF` `THE` `JUDGMENT` `DATED` `PASSED BY THIS HON'BLE COURT` `CASE (CIVIL) NO.1656/2019.`
`EXHIBIT P13`	`TRUE COPY` `NO.9817/19/` `RESPONDENT`	`OF THE ORDER BEARING ROC` `M DATED 30.08.2019 PASSED BY` `NO.1.`
`EXHIBIT P14`	`TRUE COPY` `ISSUED BY` `NO.3.`	`OF THE ORDER DATED 16.10.2019` `RESPONDENT NO.2 TO RESPONDENT`
`EXHIBIT P15`	`TRUE COPY` `ISSUED BY R`	`OF THE ORDER DATED 18.11.2019` `ESPONDENT NO.1.`
`EXHIBIT P16`	`TRUE COPY` `19.11.2019`	`OF THE CONSENT DEED DATED` `EXECUTED BY RESPONDENT NO.8.`
`EXHIBIT P17`	`TRUE COPY` `29.08.2019`	`OF THE CONSENT LETTER DATED` `ISSUED BY RESPONDENT NO.8.`
`RESPONDENT EXHIBITS`
`Exhibit R1(a)`	`PHOTOGRAPHS` `SHOWING THE`	`CONSISTING` `OF` `6` `NUMBERS` `PRESENT STATUS OF THE TEMPLE.`

Rajalakshmi.K @ Gomathy Amma v. Travancore Devaswom Board

Case brief

What is this about?

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Rajalakshmi.K @ Gomathy Amma v. Travancore Devaswom Board

Case brief

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What did the court decide?

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