Devotee's writ petition and Ombudsman report concerning delay by the Travancore Devaswom Board in renovating Nandikulangara Sreekrishna Swami Temple despite earlier judgment directions. Court directed Board to complete renovation works within six months and file action taken report before the Ombudsman.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
DBP NO. 87 OF 2023
TRAVANCORE DEVASWOM BOARD - REPORT NO. 40/2023 IN COMPLAINT
NO. 140/2023- NANDIKULANGARA DEVASWOM - PARAVUR GROUP -
COMPLAINT BY TEMPLE ADVISORY COMMITTEE IN THE MATTER OF
RECONSTRUCTION OF SREEKRISHNASWAMY SREEKOVIL – SUO MOTU
PROCEEDINGS INITIATED – REG.
PETITIONER:
G.GOPALAKRISHNA PILLAI, SECRETARY, TEMPLE ADVISORY
COMMITTEE, NANDIKULANGARA SREE KRISHNA SWAMI TEMPLE,
MANNAM P.O., NORTH PARAVUR- 683 520
RESPONDENTS:
1 THE SECRETARY TRAVANCORE DEVASWOM BOARD, KAWDIAR POST, NANTHANCODE, THIRUVANANTHAPURAM2 THE CHIEF ENGINEER TRAVANCORE DEVASWOM BOARD, KAWDIAR POST, NANTHANCODE, THIRUVANANTHAPURAM
3 THE EXECUTIVE ENGINEER TRAVANCORE DEVASWOM BOARD, KOTTAYAMSRI G.SANTHOSH KUMAR, SC, TDB ;
SRI P.RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN ;
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH WP(C).33058/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 33058 OF 2023
PETITIONER:
SREEKALA JAYAKRISHNAN, AGED 49 YEARS
W/O JAYAKRISHNAN S., THIRUMUPPATHU WARRIAM,
MANNAM PO, NANDIKULANGARA, NORTH PARAVUR, PIN -
683520
BY ADV S.SUBHASH CHAND
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.2 THE DEVASWOM COMMISSIONER OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 6950033 THE ASSISTANT DEVASWOM COMMISSIONER OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, PARAVUR GROUP, NORTH PARAVUR, PIN - 6835134 THE CHIEF ENGINEER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 6950035 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER TRAVANCORE DEVASWOM BOARD, KOTTAYAM-, PIN - 6860013
DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
6 THE SUB GROUP OFFICER, OFFICE OF THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, MANNAM SUB GROUP, MANNAM, PIN - 6835207 THE TEMPLE ADVISORY COMMITTEE OF NANDIKULANGARA SREE KRISHNA SWAMY TEMPLE, NANDIKULANGARA DEVASWOM, MANNAM PO, NORTH PARAVUR, PIN – 683520, REPRESENTED BY ITS SECRETARYBY ADV SANTHOSH KUMAR G
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH DBP.87/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
ORDER/JUDGMENT
Anil K. Narendran, J.
The issue raised in this DBP and writ petition relates to reconstruction of Nandikulangara Sreekrishna Swami Temple, North Paravur, which is a temple under the management of the Travancore Devaswom Board. The DBP is registered, based on report No.40 of 2023 of the learned Ombudsman in Complaint No.140 of 2023 filed by the Secretary of the Temple Advisory Committee of Nandikulangara Sreekrishna Swami Temple complaining that despite the direction contained in the judgment of this Court dated 10.11.2022 in W.P.(C)No.6408 of 2020 filed by a devotee by name Rajalakshmi, the Travancore Devaswom Board has not so far filed any Maramath petition for renovation and reconstruction of the Sreekovil and other related works of that temple. In the writ petition filed by a devotee of Nandikulangara Sreekrishna Swami Temple, seeking a writ of mandamus commanding respondents 1 to 6 to implement the findings and predictions of 2015 Devaprasnam in its entirety and to commence and conclude various reconstruction/renovation works of the temple forthwith and conclude the same within a time limit to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 6
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
to commence the construction/reconstruction of Chuttambalam and Sanctum Sanctorum, in accordance with the directions of the Tantri of the temple and to conclude the same within a time limit to be fixed by this Court.
“The complainant, Sri.G. Gopalakrishna Pillai, points out that despite the judgment of the Honourable High Court in W.P.(C)No.6408 of 2020 dated 10.11.2022, filed by Smt.Rajalakshmi, and the directions issued therein, the Devaswom Board has not so far filed any Maramath Petition for the renovation and reconstruction of the Sreekovil and other related works of the Nandikulangara Sreekrishna Swami Temple. According to the complainant,
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
it is a long pending matter and the Temple is about to fall. Copy of the complaint is produced as Annexure O1.
The Liaison Officer who appeared on behalf of the Board submitted that the estimate for the work to the tune of Rs.89,80,000/- based on DSR, 2018 has been submitted to the Board for administrative sanction on 26.07.2023 and the work will be tendered as soon as the administrative sanction is obtained. A letter dated 26.07.2023 of the Chief Engineer to that effect is also produced which is marked as Annexure O2.
The Honourable High Court in the judgment, copy of which is enclosed along with the complaint, has directed the Assistant Engineer to prepare a revised estimate for renovation of the Sreekrishna Temple as per the approved procedure and to forward the same to the Chief Engineer by the Executive Engineer and thereafter the Chief Engineer has to place the matter before the Board for administrative sanction. A time limit of three months is also prescribed to complete the entire exercise and to file a Maramath petition before this Office.
If for any reason, a maramath petition could not be filed within time as directed, proper course would have been to seek extension of time showing reasons. That is also not done. Hence the grievance of the complainant as prayed for in the complaint shows inaction on the part of the authorities. Hence whether any revised time limit is to be granted or not is a matter for the Honourable High Court to consider.”
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
Devaswom Board submitted that in connection with the reconstruction of Sreekovil of Nandikulangara Sreekrishna Swami Temple, Balalaya Prathishta is scheduled to be held on 24.02.2024.
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
writ petition was disposed of by Ext.P2 judgment dated 10.11.2022 with the directions contained in paragraph 15 of that decision, which was one rendered after taking note of the statutory provisions under the Travancore-Cochin Hindu Religious Institutions Act. Paragraph 15 of that decision reads thus;
“15. Having considered the pleadings and materials on record 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;
The 6th 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 4th respondent Chief Engineer, through the 5th respondent Executive Engineer. Thereafter, the 4th respondent Chief Engineer shall place the matter before the 1st 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 administrative sanction accorded by the Travancore Devaswom Board, the Board shall file petition before the learned Ombudsman, with the Local Fund Audit in the party array.”
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
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.
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board.
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
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.
properties. As per Section 27, immovable properties entered or
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30th Meenam, 1097 corresponding to the 12th 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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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
usages. The inaction on the part of the Board and its officials, amounting to their failure to discharge the statutory duties in management of the properties and affairs of the Devaswom, necessitated the filing of W.P.(C)No.6408 of 2020 by the petitioner, who is a devotee aged 78 years, projecting cause of the devotees of Lord Maha Vishnu of Nandikulangara Sree Krishna Swamy Temple.
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
judgment. The Board, through the 3rd respondent Executive Engineer, shall file an action taken report before the learned Ombudsman, within a period of three months. If found necessary, the learned Ombudsman shall file fresh reports before
this Court seeking further directions.
With the above directions, this writ petition and DBP are disposed of.
Registry to communicate a copy of this order/judgment to
the learned Ombudsman, along with a copy of the writ petition.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
AV/14/2
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
APPENDIX OF DBP 87/2023
RESPONDENT ANNEXURES
ANNEXURE-R1(A) TRUE COPY OF THE BOARD ORDER DATED
25/08/2023 COMMUNICATED TO THE CHIEF
ENGINEER.
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DBP No.87 of 2023 & W.P.(C)No.33058 of 2023
APPENDIX OF WP(C) 33058/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED
18.03.2019 THUS PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.6937/2019
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED
10.11.2022 THUS PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO. 6408/2020
RESPONDENT EXHIBITS
EXHIBIT-R1(A) TRUE COPY OF THE BOARD ORDER DATED
25/08/2023 COMMUNICATED TO THE CHIEF
ENGINEER.
EXHIBIT-R1(B) TRUE COPY OF THE LETTER DATED 25/11/2023
SUBMITTED BY THE CONTRACTOR SRI.M.M.MATHAI
TO THE SECRETARY.
EXHIBIT-R1(C) TRUE COPY OF THE COMMUNICATION DATED
25/11/2023 ISSUED BY THE SECRETARY TO THE
CHIEF ENGINEER.
1 issue framed by the court
Whether the Travancore Devaswom Board should be directed to complete renovation/reconstruction works of Nandikulangara Sreekrishna Swami Temple within a fixed time limit despite non-compliance with ea
9 provisions across 2 enactments
Travancore Devaswom Board (Report No. 40/2023 in Complaint No. 140/2023 - Nandikulangara Devaswom)
The Secretary, Travancore Devaswom Board
The Chief Engineer, Travancore Devaswom Board
The Executive Engineer, Travancore Devaswom Board
Sreekala Jayakrishnan
The Temple Advisory Committee of Nandikulangara Sree Krishna Swamy Temple
ANIL K. NARENDRAN
G. GIRISH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court