Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945 DBP NO.34 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO. 12 OF 2023 IN COMPLAINT NO. 139 OF 2022 - DILAPIDATED CONDITION OF THE ROOF OF THE SREEKOVIL OF KARUNATTUKAVU SREE BHAGAVATHI TEMPLE – SUO MOTU PROCEEDINGS INITIATED - REG.
------------ COMPLAINANT:
S.SIVAKUMAR R.CHOKKAMADOM CHOKKAMADOM, KAVUMBHAGAM P.O., THIRUVALLA - 689 102
RESPONDENTS:
1 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM 695 003 2 EXECUTIVE ENGINEER THE TRAVANCORE DEVASWOM BOARD, THIRUVALLA 3 THE DEVASWOM OFFICER SREE KARUNATTUKAVU BHAGAVATHI TEMPLE, THIRUVALLA
R BY SRI G.BIJU – SC - TRAVANCORE DEVASWOM BOARD SRI P.RAMACHANDRAN- AMICUS CURIAE THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Anil K. Narendran, J.
This DBP is registered based on Report No.12 of 2023 of the learned Ombudsman in Complaint No.139 of 2022. In the said complaint, the complainant has pointed out that the roof of the Sreekovil of Karunattukavu Sree Bhagavathi Temple is in a dilapidated condition, which is likely to fall at any time. There is leakage inside the Sreekovil and as a result, the Melsanthi faces difficulties in performing the poojas.
2.
Before the learned Ombudsman, the 1st respondent Devaswom Commissioner submitted a report dated 30.11.2022, wherein it is stated that the revised estimate prepared by the Assistant Engineer, Mavelikkara has since been received by the 2nd respondent Executive Engineer, Thiruvalla. For taking follow up steps, the report has already been forwarded to the Travancore Devaswom Board.
3.
Before the learned Ombudsman, the Secretary of the Travancore Devaswom Board has filed a statement, wherein it is stated that the revised estimate has been sent to the office of the Executive Engineer, Mavelikkara from the office of the Assistant Engineer, Thiruvalla and the work will be started without delay.
4.
On 02.06.2023, when this matter came up for
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consideration, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court a few photographs of the Sreekovil of Karunattukavu Sree Bhagavathi Temple.
5.
Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a few photographs of the Sreekovil of Karunattukavu Sree Bhagavathi Temple. One photograph is reproduced hereunder;
6.
Heard the learned Standing Counsel for the Travancore
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Devaswom Board and also the learned Amicus Curiae for the learned Ombudsman.
7.
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 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.
8.
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
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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 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.
9.
The specific case of the complainant in Complaint No.139 of 2022 before the learned Ombudsman is that the roof of the Sreekovil of Karunattukavu Sree Bhagavathi Temple is in a dilapidated condition, which is likely to fall at any time. There is leakage inside the Sreekovil and as a result, the Melsanthi faces difficulties in performing the poojas. The dilapidated condition of the roof of the Sreekovil is evident from the photograph reproduced hereinbefore at paragraph 5.
The Travancore Devaswom Board, being a trustee in the management of Devaswom properties, has a statutory duty to ensure timely maintenance of the temple structures of the Devaswoms under its management. The Board, through the Engineers in its Maramath
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Wing, should ensure that there is periodical maintenance of the temple structures, especially the Sreekovil of the temples.
10. The learned Standing Counsel for the Travancore Devaswom Board would submit that the Chief Engineer, vide letter dated 12.06.2023, requested for administrative sanction to the aforesaid work, at an estimated cost of Rs.5,57,000/-, including 18% GST, based on DSR 2018. As per the said letter, the estimate includes provision for dismantling the roofing, supplying and fixing anjily wood reepers 50x25mm, 38x16mm, anjily wood wroughts put up for roof members, supplying RP tiles, MP tiles with department roof tiles, replastering, finishing of walls with acrylic smooth exterior paint, painting with synthetic enamel paint, oil type wood preservatives, etc.
11. Having considered the materials on record and also the submissions made by the learned Standing Counsel for Travancore Devaswom Board and the learned Amicus Curiae for the learned Ombudsman, this DBP is disposed of directing the Travancore Devaswom Board to proceed further with the request made by the Chief Engineer, vide letter No.CE/W/MVK/2023 dated 12.06.2023, for administrative sanction to the repair and maintenance work of the temple structure of Karunattukavu Sree Bhagavathi Temple, after complying with the procedural formalities. A decision in this
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regard shall be taken, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this order. Thereafter, the Executive Engineer, Mavelikkara shall invite tenders, after complying with the procedural formalities and the work shall be executed, as expeditiously as possible, at any rate, within an outer limit of six months. The entire exercise in this regard shall be completed, as expeditiously as possible, at any rate, within a period of six months, after complying with the procedural formalities. The entire expenditure in this regard shall be subject to statutory audit. The 1st respondent Devaswom Commissioner shall file a status report of the work before the learned Ombudsman, within a period of three months. Pending execution of the repair and maintenance work of the Sreekovil, the Board shall take preventive measures through its Maramath Wing, to avoid any leakage of rainwater into the Sreekovil.
Registry to communicate a copy of this order to the complainant in Complaint No.139 of 2022.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- P.G. AJITHKUMAR, JUDGE AV