Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 DBP NO. 18 OF 2024 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – PUTHIYA THRIKKOVIL SREE MAHAVISHNU TEMPLE, THIRUNAKKARA – SUO MOTU PROCEEDINGS INITIATED ON THE BASIS OF A COMPLAINT DATED 13.12.2023 MADE BY ONE JAYASREE WARRIER @ JAYASREE KUMAR – REG.
PETITIONER:
JAYASREE WARRIER @JAYASREE KUMAR S.K. VILAS, THIRUNAKKARA P.O., KOTTAYAM RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM- 695 003 3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN-695 003 4 ADMINISTRATIVE OFFICER, THIRUNAKKARA DEVASWOM, TRAVANCORE DEVASWOM BOARD, THIRUNAKKARA P.O, KOTTAYAM-686001
R1 BY SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;
R2 TO R4 BY SRI G.BIJU - STANDING COUNSEL - TRAVANCORE
2 DBP No.18 of 2024
DEVASWOM BOARD
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 DBP No.18 of 2024
ORDER Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated 06.02.2024, based on a complaint dated 13.12.2023 received from the petitioner-complainant regarding the absence of cloakroom with toilet and wastewater disposal in Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara, which is a temple under the management of the Travancore Devaswom Board. Various other aspects have also been pointed out in the said complaint.
2.
On 08.02.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.
3.
Heard the learned Senior Government Pleader for the 1st respondent and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4.
4.
Travancore-Cochin Hindu Religious Institutions Act, 1950 makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per Section 15A of the Act, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv) of Section 15A, which
4 DBP No.18 of 2024
includes duty to see that regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; and to establish and maintain proper facilities in the temples for the devotees. In view of the provisions under Section 31 of the Act, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and festivals in every temple according to its usage.
5.
The provisions under the Travancore-Cochin Hindu Religious Institutions Act make it explicitly clear that the role assigned to the Travancore Devaswom Board in the administration, supervision and control of incorporated and unincorporated Devaswoms is that of a trustee in the management of the properties vested in the Deity, which is bound to administer, supervise and control incorporated and unincorporated Devaswoms in accordance with the provisions under the said Act. The Board and its officials are duty bound to function within the framework of the statute, by scrupulously following the stipulations contained therein and acting strictly in accordance with the settled legal principles relating to the
5 DBP No.18 of 2024
administration of Hindu religious trust. The Board, being a trustee in the management of Devaswom properties, is legally bound to perform its duties with utmost care and caution.
6.
The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that for the construction of RCC drainage with a length of 28m with waste pit, the Executive Engineer, Kottayam, submitted an estimate amounting to Rs.4,30,000/- including 18% GST, based on DSR 2018 with cost index 36.44% (Kottayam). The Executive Engineer reported that the existing drainage pipeline from Thidappally and Nalambalam in Puthiyathrikkovil Devaswom is damaged and blocked due to drainage. Hence wastewater is not flowing properly from Thidappaly and Nalambalam. On account of this, wastewater overflows into Thirumuttam, which creates foul smell and unhygienic environment in Thirumuttam, causing inconvenience to the devotees and also the temple staff.
Moreover, during rainy season, due to insufficient drainage facility, rainwater is not flowing out of Thirumuttam, which causes inconvenience to the devotees during darshan. The temple compound lies at a lower level than the surrounding properties. Since elephants are paraded around chuttambalam
6 DBP No.18 of 2024
during the annual festival, instead of pipeline the construction of RCC drainage is necessary. Therefore the estimate includes earthwork excavation for drainage and waste pit, CC 1:4:8 for base, DR masonry for waste pit, RCC 1:1:5:3 for drainage wall, covering slab and manhole near Thidappally, etc. Vide Letter No.268 dated 04.03.2024, the Executive Engineer requested the Chief Engineer to grant administrative sanction for the construction of drainage and waste pit for Thidappally and Nalambalam of Puthiya Thrikkovil Sree Mahavishnu Temple.
7.
Along with the complaint the petitioner has enclosed Letter No.5529 dated 31.08.2019 of the Assistant Devaswom Commissioner, Kottayam, addressed to the Assistant Engineer, Kottayam regarding the construction of Office building and toilet in Puthiya Thrikkovil Sree Mahavishnu Temple. Another Letter No.3984 dated 04.12.2019 of the Chief Engineer, addressed to the Secretary of the Travancore Devaswom Board, requesting Administrative sanction for the construction of Office building and toilet in Puthiya Thrikkovil Sree Mahavishnu Temple at an estimate cost of Rs.8,19,100/- is also enclosed along with the complaint. The petitioner submitted a complaint before the learned Ombudsman, i.e. Complaint No.243 of 2019, in which
7 DBP No.18 of 2024
the Executive Engineer, Kottayam was directed to submit a reply.
8.
Having considered the materials on record and also the submissions made by the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board we find that the inaction on the part of the Travancore Devaswom Board in providing a proper drainage from Thidappally and Nalambalam of Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara is a serious lapse on the part of the Board and its officials in discharging its statutory duty provided under Section 15A of the Act. Despite the complaints made by the devotees regarding lack of toilet facilities, cloak room, etc. in the temple, which were brought to the notice of the Assistant Engineer, vide Letter No.5529 dated 31.08.2019 of the Assistant Devaswom Commissioner, Kottayam, which had resulted in the proposal made by the Chief Engineer vide Letter No.3984 dated 04.12.2019, addressed to the Secretary of the Travancore Devaswom Board, for administrative sanction for the work at an estimated cost of Rs.8,91,000/-, no earnest efforts have been made by the Travancore Devaswom Board for undertaking such constructions, which necessitated the
8 DBP No.18 of 2024
petitioner who is a devotee to submit a complaint dated 13.10.2023.
9.
In the above circumstances, this DBP is disposed of by directing the 2nd respondent Travancore Devaswom Board to take an appropriate decision on the proposal made by the Chief Engineer for administrative sanction for constructing toilet facilities and cloak room in Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara and also the proposal made by the Executive Engineer, Kottayam, which is pending before the Chief Engineer for constructing a drainage and waste pit for Thidappally and Nalambalam of the Temple, after complying with the statutory requirements, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this order.
10. Registry to communicate a copy of this order and also a copy of the DBP to the learned Ombudsman. The Chief Engineer shall file an action taken report before the learned Ombudsman, within a period of three months from the date of this order.
11. In case further directions of this Court are necessary, it would be open to the learned Ombudsman to file reports
9 DBP No.18 of 2024
before this Court, seeking appropriate directions.
Registry to communicate a copy of this order to the complainant, through registered post with acknowledgment due.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- G. GIRISH, JUDGE AV/11/3