DEVIDAS Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The petitioners, who are devotees of Lord Poornathrayeesa of Sree Poornathrayeesa Temple, Tripunithura, which is a temple under the management of the 1st respondent Cochin Devaswom Board, subject to the restrictions in sub-sec. (2) of Sec. 62 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, are before this Court in this writ petition seeking a declaration that the entire amounts obtained as donations in connection with Vrishchikoltsavam of Lord Poornathrayeesa are Devaswom Funds and be subjected to a thorough audit by the State Audit Department or any other organisation or person under the direct supervision of this Court. The petitioners have also sought for a writ of mandamus commanding the 1st respondent Cochin Devaswom Board to take immediate steps to account the income and expenses of the Temple Advisory Committees of the previous eight years, by the State Audit Department, or any other organization or person under the direct supervision of this Court; a writ of mandamus directing respondents 1 to 3 and 7 to take immediate action to take-down the various fake 'official' Instagram or social media accounts in the name of Sree Poornathrayeesa Temple and other temples under the management of the Board and take action against persons responsible; a writ of mandamus commanding the 1st respondent Board to have videography of the collection and counting of the hundis by the officials of the Board and prepare an inventory/ register of the gold, jewels, precious stones and other material offered by the devotees and publish the same periodically; a writ of mandamus commanding respondents 1 to 3 to keep at least 100 meters radius around Sree Poornathrayeesa Temple and other temples under its management, free from temporary shops and bunks during temple festivals, to enable emergency vehicles like ambulances and fire engines to have proper access; a writ of mandamus commanding respondents 1 to 3 and 7 to station ambulances, fire engines and teams of SDRF/NDRF at the entrance of Sree Poornathrayeesa Temple to enable swift rescue, in case of any untoward incident, since thousands of devotees are jostling for space when 15 elephants are paraded during the annual festival of Sree Poornathrayeesa Temple; a writ of mandamus commanding respondents 1 to 3 to ensure that the contracts for the programmes in connection with the annual festival, light and sound, elephants, percussionists etc., are awarded only after calling for tenders; a writ of mandamus commanding respondents 1 to 3 to provide prasadams like Pantheerazhi payasam in the exact proportion for which the offering has been made and to prohibit sale of payasam without taking proper receipt from the Devaswom Office; a writ of mandamus commanding respondents 1 to 3 to induct volunteers for the conduct of temple festivals only as per the specific directions contained in the order of this Court in DBP No.5 of 2021; a writ of mandamus commanding the 1st respondent Cochin Devaswom Board to take proactive steps to utilize various schemes like PRASHAD Scheme to get technical and financial assistance from the 9th respondent Central Government; a writ of mandamus commanding respondents 1 to 3 not to initiate any major renovation/reconstruction/demolishing of the temples and its properties managed by it without publishing an approved Master Plan for that temples; and a writ of mandamus commanding respondents 1 to 3 not to induct executive committee members of the defunct Temple Advisory Committees, as volunteers for the conduct of temple festival, for at least 10 years after the expiry of their tenure.

(2.) On 14/10/2024, when this writ petition came up for consideration, the learned counsel for the petitioners pointed out Ext.P1 screenshot of an Instagram Account 'Sree Poornathrayeesa Kshethram' created in the year 2022. The learned Standing Counsel for Cochin Devaswom Board, on instructions, submitted that the said Instagram Account is being managed by the 3rd respondent Devaswom Officer, after the filing of this writ petition.

(3.) On 25/10/2024, when this writ petition came up for consideration, by the order in I.A.No.2 of 2024, the Secretary and Treasurer of the former Kshethra Upadeshaka Samithi (Temple Advisory Committee) of Sree Poornathrayeesa Temple were impleaded as additional respondents 11 and 12 and Tripunithura Municipality, represented by its Secretary, was impleaded as additional 13th respondent. The learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 to 3 and the additional 14th respondent; the learned Senior Government Pleader for respondents 6, 7 and 10; the learned Standing Counsel for the 8th respondent Director General of Archaeological Survey of India; the learned Deputy Solicitor General of India for the 9th respondent Union of India and the learned Standing Counsel for Thripunithura Municipality for the additional 13th respondent. Notice on admission by special messenger was ordered to the 5th respondent and also for additional respondents 11 and 12, returnable by 29/10/2024. Service of notice on the 4th respondent, who is the Tantri of Sree Poornathresseya Temple, was dispensed with for the time being. The learned Standing Counsel for Cochin Devaswom Board was directed to get specific instructions on Ext.P1 Instagram Account in the name of Sree Poornathrayeesa Kshetram.