VIJAYAN Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) Rights, authority, jurisdiction and powers of the Cochin Devaswom Board in the matter of administration and management of the incorporated and unincorporated Devaswoms under the Travancore Cochin Hindu Religious Institutions Act (Act XV of 1950), and also the scope of the bye laws framed by the Board for the constitution of the Kshetra Kshema Samithies are the issues which have come up for consideration before us in these cases.

(2.) Writ Petitions and applications are being filed by various Kshetra Kshema Samithies and devotees under Art.226 of the Constitution of India questioning the authority of the Board in the matter of administration and control of various temples vis-a-vis the Kshetra Kshema Samithies constituted under the bye laws framed by the Board. Disputes and differences often arise out of the interpretation and application of various provisions of the Act and the bye laws, giving rise to litigations before this Court and the Civil Courts and it is highly necessary to set right those issues to maintain peace and harmony between the devotees and for the smooth and effective administration of the temples under the Board.

(3.) W. P. (C) 34886/03 is filed by the devotee under Art.226 of the Constitution of India seeking a Writ of mandamus directing the Board to conduct reelection to the Kshetra Kshema Samithy of Thriprayar Sree Ramaswami Temple after giving membership to all the devotees, after holding that the constitution of Kshetra Kshema Samithy is illegal and irregular. Petitioner has also sought for a declaration that respondents 4 and 5 are not eligible to hold the post in the Kshetra Kshema Samithy since they are not believers in temple worship. W. P. (C) 22426/04 is filed by a devotee and former Secretary of the Kshetra Kshema Samithy of Velappaya Mahadeva Temple seeking a writ of mandamus under Art.226 of the Constitution of India directing the Board to take necessary action to convene the Annual General Body Meeting of the Kshetra Kshema Samithy for the year 2003-04. I. A. 2523 of 2003 in CDB. 9 of 2002 was filed by some of the devotees of Sree Kurumba Bhagavathy Temple, Kodungalloor for a direction to the Board and Sree Kurumba Kshetra Kshema Samithy to conduct election of office bearers and executive committee of the Kshetra Kshema Samithy after issuing notice to all the members and affording an opportunity to attend the general body meeting and also for other consequential reliefs. CDB. 9 of 2002 was registered on a complaint received from few devotees highlighting the deficiencies in the administration of the temple and its mismanagement. DBA 89/04 is an application filed by the Secretary of the Cochin Devaswom Board seeking permission of this Court to nominate the persons mentioned in the application as members of the Renovation Committee for attending the renovation works in the Sree Poornathrayeesa Temple, Tripunithura.