T.N. ARJUNAN Vs. KAIPPILLIKKAVU BHAGAVATHI TEMPLE

JUDGEMENT

(1.) THIS DBP is registered on the basis of tdb Report No. 39 of 2011 of learned Ombudsman, generated on a complaint by Sri. T.N. Arjunan and others, we have perused that report and the documents made available therewith.

(2.) THE complaint relates to purchase of 20 cents of land in front of Kaippillikkavu Bhagavathi Temple. That parcel was purchased utilizing money collected from the devotees. The Temple Thanthri inaugurated that collection scheme ''?????????? ???????????? ???? ?????". Money was collected from the devotees by a temple advisory committee consisting of three members. However, Somanathan, who was dealing with the affairs of the Temple Advisory committee, and Madhusoodanan drew up and registered a Trust in the name "Sree Bhagavathi Seva Trust" and the land was purchased in the name of that Trust utilizing the aforesaid funds.

(3.) THE substance emanating out of the materials available in this case is that collections were made by issuing receipts with the caption "". The receipts available at Annexures A and B along with the report of the learned Ombudsman are issued on 08-09-2006 by the "Convenor, Land Endowment Scheme". Obviously, such amounts were collected on the premise and by making the public believe that the collection is a " " in favour of the deity. Exhibit R3(a) deed by which Somanathan and Madhusoodanan constituted a Trust is dated 05-11-2006. We see that the Advocate, who prepared it, has signed it only on 30-11-2006, going by the endorsement under his signature. Thus, even the registration and formation of the so-called Trust is more than two months after the collection of funds as evidenced by Annexures A and B. It was only on 30-11-2006 that the property was got conveyed in favour of Madhusoodanan, Somanathan and Raveendran on behalf of the Perumballoor Sree Bhagavathi Seva Trust. The acquisition on behalf of that Trust is, obviously, in the form of a dedication to the deity of the temple concerned and such dedication has been made utilizing funds collected from the public at large, that too, by an entity acting on behalf of the people who were prepared to make such dedication. For such collection, receipts have been issued by the Convenor of the "Land Endowment Scheme", a conglomeration of well-minded devotees. It has to be presumed that the benefit of such collection is for the purpose of the deity. Under such circumstances, we cannot but hold that the extent of 20 cents of land covered by Exhibit R3(b) document No. 6540/2006, is an item of property which stands dedicated in favour of the deity and the purchase of the land utilizing the amounts was only for the sake of; in favour of; and, in the course of dedication to, the deity. Travancore Devaswom Board holds all properties of the temples under its control, in terms of the provisions of the Travancore-Cochin Hindu Religious institutions Act, 1950. Necessary governance consequences would follow.