IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 DBA.No. 112 of 2007() --------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - DEVASWOM MATTER- TO CONSTITUTE THE MEETING OF THE TRAVANCORE DEVASWOM BOARD) APPLICANTS ---------- 1. RAVEENDRAN PILLAI ,AGED 64 YEARS, S/O.CHANDRAN PILLAI,PRESIDENT, KOZHINJA NELLUR SHKTRA UPADESHAKA SAMITHI,KANNAMANGALAM NORTH CHETTIKULANGARA. 2. SIVADASAN NAIR,S/O. MADHAVAN NAIR DEVOTTEE, ELAMPADI VADAKKETHIL KANNAMANGALAM NORTH CHETTIKULANGARA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: RESPONDENTS ------------------------ 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY NANDANCODE, THIRUVANANTHAPURAM. 2. C.K.GUPTAN, PRESIDENT TRAVANCORE DEVASWOM BOARD O/O. TRAVANCORE DEVASWOM BOARD NANDANCODE, THIRUVANANTHAPURAM. 3. P.NARAYANAN, MEMBER TRAVANCORE DEVASWOM BOARD NANDANCODE, THIRUVANANTHAPURAM. 4. SUMATHIKUTTY,MEMBER TRAVANCORE DEVASWOM BOARD NANDANCODE, THIRUVANANTHAPURAM. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY DEVASWOM DEPARTMENT THIRUVANANTHAPURAM. R1 & R2 BY SRI D.SREEKUMAR SC FOR TDB. R4 BY ADV. SRI.S.SANAL KUMAR R3 BY ADV. SRI.P.RAVINDRAN (SR.) SMT.BHAVANA VELAYUDHAN SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN R5 BY GOVT.PLEADER SRI LAKSHMINARAYANAN THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON 31/01/2008 PASSED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A. NO. 112 OF 2007 (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - DEVASWOM MATTER - TO CONSTITUTE THE MEETING OF THE TRAVANCORE DEVASWOM BOARD) -------------------------- DATED THIS, THE 31ST DAY OF JANUARY, 2008. O R D E R Raman, J. This is a petition praying that a direction be issued to Respondents 1 to 4 to convene the regular meeting of the Board at its headquarters on every Tuesday and Wednesday, strictly following the provisions under section 13(2) & (3) of the Travancore Cochin Hindu Religious Institutions Act and to consider the applications preferred by persons like the applicants and to take major decisions of the Devaswom only through convening its Board meeting and also to direct the 4th respondent not to interfere with the affairs of the Travancore Devaswom Board. 2. This Court, even at the time of issuing notice, took notice of Report No.3 filed by the Ombudsman wherein it is reported that unless the Board meets regularly and grants sanction for meeting the expenditure, it would be difficult for all the temples to conduct festivals. But the Board is not meeting regularly. The Board has been envisaged with the power of control and supervision in respect of both incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. DBA 117/2007 :2: 3. As per Section 15A of Act 5 of 2007 it shall be the duty of the Board to see that regular traditional rites according to the practice prevalent in the religious institutions are performed promptly, to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly, to ensure proper maintenance and upliftment of the Hindu religious institutions and to establish and maintain proper facilities in the major temples for the devotees. It is contended in the writ petition that since the Board is not meeting regularly and transacting any business, considerable difficulties are faced by the temples under the management of the Travancore Devaswom Board. 4. Pursuant to the notice issued, the parties appeared and filed their statements to which we shall make reference later. On 7.1.2008 this Court, after considering the affidavits filed by the parties, directed that the Board be convened on or before 10.1.2008, to consider certain urgent matters to be included in the agenda, more particularly, referred to in the said order. It is submitted that pursuant to the said order, a meeting was already convened and the urgent items required to be considered were considered by the Board in their meeting and have disposed of those items. 5. The prayer in the application, as we have already noticed, is to DBA 117/2007 :3: direct the Board to convene its meeting at regular intervals, highlighting the difficulties that are experienced in the absence of meeting held by the Board for consideration of various matters pending before it. The applicants in the present application are the President and Secretary respectively of the Upadeshaka Samithi of the Kozhinja Nellur Devi Temple, which is a temple under the administration of the Travancore Devaswom Board. According to the applicants, if there is any administrative problem, they used to request the Devaswom Board who will take appropriate decisions. Earlier, at the request of the Samithi, a part time Santhi of the said temple had been made full time Santhi, by appointing a permanent Santhi for performing daily poojas in the morning and evening. Even though the Samithi is requesting for granting allowances (Paditharam) for the daily poojas and for special poojas conducting in the temple, the same had not been granted so far. It is also averred that with a single full-time Santhi, the entire temple activities cannot be carried out and there is an urgent necessity of a Kazhakam or any other Lavanam. Cleaning of the vessels and temple surroundings are being done by the devotees and hence the applicants approached the Devaswom Board to create a Lavanam for the said job. Copy of the said request dated 1.11.2007 DBA 117/2007 :4: is produced as Annexure 1 along with this application. It is averred that though the applicants had gone to the Head quarters of the Travancore Devaswom Board at Thiruvananthapuram, to press their demand contained in Annexure A1, in the absence of any regular Board meeting convened for the past three months, no action was taken in that regard. It is stated that no Board meetings are taking place nor any decision taken by the Board and the Board members are also failing to attend the demands of the devotees, Upadeshaka Samithi etc. It is also stated that there are altogether 1208 temples under the Travancore Devaswom Board and the Board is vested with power to administer those Devaswoms, its functions, property etc. Section 13 of the Travancore Cochin Hindu Religious Institutions Act deals with the office and meetings of the Board, which inter alia states that the meeting of the Board shall be presided over by the President and if he is not present, by a member authorized by him to preside. Thus, the second respondent is the authority to hold the meetings of the Devaswom Board or he must authorise the third or fourth respondents for the said purpose. It is averred that there is a conflict of interest between the second respondent and respondents 3 and 4 and that is the main reason for not holding the Board meeting. Thus, a strange situation is created whereby many of the DBA 117/2007 :5: matters which are pending before the Board are not being attended to in the absence of holding such regular meeting. It is also pointed out that as per Section 15A(4) of the Travancore Cochin Hindu Religious Institutions (Amendment), Bill 2007, the Board has to establish and maintain proper facilities in major temples for devotees and therefore, Respondents 2 to 4 are bound to discharge the functions and duties as are imposed by the Statute. It is also alleged that number of requests put in by various Kshethra Samithies are pending consideration and awaiting meeting of the Board and unless and until appropriate direction is issued for convening the regular meeting of the Board, in conformity with the earlier practice of convening the meeting at least twice in a week, interest of the applicants and such other devotees could not be protected. In these circumstances, it is prayed that appropriate directions be issued to the respondents herein to convene regular meetings at least twice in a week, under Section 13(2)(3) of the Travancore Cochin Hindu Religious Institutions Act and to take appropriate decisions for the Travancore Devaswom considering of the applications like Annexure A1. 6. In the statement filed for and on behalf of the first respondent, it is admitted that Annexure A1 request has been received by the Board. DBA 117/2007 :6: However, it is stated that it is not obligatory on the part of the President to see each and every visitor to the Travancore Devaswom Board or to convene regular Board Meetings in par with the desire of the Kshethra Upadesaka Samithi, that the meeting of the Board is being convened at the convenience of the President, that nowhere in the Act or Rules, there is any provision for holding regular meeting of the Board, that the Kshethra Upadesaka Samithi or any other agency cannot dictate terms to the President to convene meetings, that President and Members of the Travancore Devaswom Board represents to look after the day to day administration of the Hindu religious Institutions of the area, the President is not the servant of Kshethra Upadesaka Samithi; but, represents such Institutions and that the Devaswom is taking prompt actions and decisions. A true copy of the details of the meetings held so far is produced as Annexure R1(A). The averments in para 7 to 9 are denied and it is prayed that the application be dismissed. 7. In the counter affidavit filed by the third respondent, who is also one of the member of the Board, it is admitted that the second respondent, as the President of the Travancore Devaswom Board, has to convene the meeting, that even though the present Board assumed office on 25.5.2007 DBA 117/2007 :7: hardly 20 meetings of the Board have been held so far, that the only reason for not convening Board meeting is the refusal on the part of the second respondent, that all these years the Board was meeting twice in a week viz. on every Tuesday and Wednesday, that after the assumption of office by the present Board, the second respondent who has to convene the meeting has not convened the meeting as a result of which matters which require the Board to take decision remain undecided, that there are about 269 items awaiting consideration by the Board, that non convening of the meeting by the second respondent is delaying the matter, that even after orders of this Court, in the meeting scheduled to be held on 2.1.2008 only 15 items were directed to be included, that the true copy of the notice issued by the second respondent to the Secretary is Ext.R3(a), that it is necessary that this Court directs the second respondent to convene the Board meeting at least twice in a week as was the practice till the year 2007 or in the alternative to enable the majority of the Board members to convene a meeting and take a decision in matters which require immediate attention if the president fails to convene the meeting as directed and that the third respondent is always ready and willing to comply with any directions of this Court for the proper discharge of statutory functions by the Board of Directors. It is prayed that DBA 117/2007 :8: appropriate orders be passed directing the second respondent to convene the meeting at least twice in a week so as to clear arrears of work and also attend all important matters likely to come up for consideration expeditiously. 8. In the counter affidavit filed by the 4th respondent who is yet another member of the Board, it is averred that the averment in the petition that there is no regular Board meeting taking place for the last three months is not fully correct, that at the time when the present Board Members assumed charge, there were innumerable files pending consideration of the Board relating to the administration of as many as 1200 temples and matters connected with the affairs of worshipers, that emergent files relating to maintenance of temples, other construction works and files relating to the Administration of Kshethra Kala Peetham Academy, Schools and Colleges under the Board are awaiting decisions, that no Board Meetings were held till July 2007 for discussing the preparatory measures to be taken in Sabarimala Temple and other matters connected with Sabarimala Master Plan, that conventionally the Board meeting was held on all Tuesdays and Wednesdays for taking decisions and its implementation in a time bound manner, that in the first Board Meeting held on 29.5.2007 it was resolved DBA 117/2007 :9: that the Board Meeting would be regularly convened on all Tuesdays and Wednesdays as was done earlier; but since there was no regular Board meeting till July, 2007, Respondents 3 and 4 sent a letter to the second respondent as per Annexure R4(A) for regularly convening the meeting for the effective administration of the Temples under the Travancore Devaswom Board, that after receipt of the said letter, the second respondent started convening of meeting of the Board on an average of three times in a month, that on 28.11.2007 when the 4th respondent went to the Headquarters of the Board for attending the meeting the meeting could not be held as the second respondent was stated to be elsewhere, that many important matters were slated for discussion in the said meeting particularly relating to the Sabarimala Temple, that the 4th respondent placed a note on 28.11.2007 before the Board as per Annexure R4(C) and directed the Secretary to inform her officially regarding the meeting to be convened henceforth, that the grievance of the applicants herein has not been placed before the Devaswom Board and the same has not come to her knowledge, that the President is the competent authority to convene the meeting and no meeting is held to consider the grievance of the applicants and that if regular meetings are held grievance of the applicants and other devotees DBA 117/2007 :10: can be dealt with and resolved in time. 9. A further statement is filed by the first respondent under date 23.1.2008. It is stated that the Board has met on 10th, 13th, 22nd and 23rd January, 2008 and in addition to the items ordered to be taken up, the Board has considered and decision taken on seven more items on 10.1.2008. A special Board Meeting was held on 13.1.2008 at Sabarimala and 20 items of most urgent nature were decided in that meeting. True copy of the report evidencing compliance of the direction of this Court is produced as Annexure R1(D). It is further stated that the Board has met on 22.1.2008 and 120 items were decided on that day. Majority of the items shown in Ext.R1(B) list was regarding maramath work - construction works and it is decided to adopt the 2007 PWD rates for construction works in the Travancore Devaswom Board. Therefore, more than 200 items in Ext.R1 (B) were remitted to the Chief Engineer to make fresh report regarding costs and expenses of the projects based on 2007 PWD rates. The rest of the items in Ext.R1(B) list can be decided without delay and there need not be any anxiety for the public regarding the functioning of the Board and it will rise to the expectation of all concerned in discharge of its statutory obligations. DBA 117/2007 :11: 10. The Travancore Devaswom Board is a statutory body upon which various duties are imposed by the statute. Administration of various Devaswoms and its functions and property is vested with the Board. There are thousands of temples under the Travancore Devaswom Board. All the properties and funds of the temples are vested with the Board under Section 3 of the Travancore Cochin Hindu Religious Act, 1950 and the Board is duty bound to administer them properly. Section 13 of the Act deals with the office and meetings of the Board. As per Section 13(2), meetings of the Board shall be presided over by the President and if he is not present, by a member authorised by him to preside. Section 13(3) of the Act mandates that at least two members of the Board should be present in the meeting for taking a decision. Section 15A(4) introduced by the Travancore Cochin Hindu Religious Institutions (Amendment) Bill, 2007 provides that the Board has to establish and maintain proper facilities in major temples for devotees. 11. This Court, by its order dated 27.11.2007 DBP 1/2006, after referring to the various provisions of the Act, has pointed out that the legislature in its wisdom has not conferred any power on the Government under the Travancore Cochin Hindu Religious Institutions Act, 1950 to DBA 117/2007 :12: supervise or control the functioning of the Travancore Devaswom Board or Cochin Devaswom Board constituted under the Act for managing the various temples, endowments and institutions under their control. Considerable powers have been conferred on the High Court in removing the members of the Board on the ground of proved misbehavior or incapacity etc. and to conduct audit by the auditors appointed by it with regard to the accounts of the Boards. The Auditor is obliged to report all cases of irregularity, illegality and impropriety in the expenditure and failure to collect moneys or other properties due to the Board or to the incorporated or unincorporated Devaswom or institutions under the management of the Board, as the case may be, or of loss or waste of money or other property thereof caused by neglect or misconduct. The Audit report is to be sent to the Board by the High Court and it shall be the duty of the Board to remedy any defects or irregularities pointed out by the auditor and report the same to the High Court. In the said decision, reference was also made to the appointment of a High Power Commission, noticing the illegalities and irregularities in the administration of Travancore and Cochin Devaswom Boards, by a Division Bench of this Court, invoking the powers conferred under Article 226 of the Constitution DBA 117/2007 :13: of India read with Section 102(4), 104 and 105 of the Travancore Cochin Hindu Religious Institutions Act, 1950. In the interim report filed by the High Power Commission, it emphasised the need for proper and effective administration and management of Sabarimala group of temples and advocated for the creation of an autonomous unit by adding a chapter in the Travancore Cochin Hindu Religious Institutions Act. Though various other valuable suggestions and recommendations were made by the Commission, they were not implemented in its letter and spirit and consequently, a Review Committee was appointed to review the working of the Boards especially the implementation of the directions of this Court based on the High Power Commission Report and on the audit reports submitted from time to time. The said Committee submitted its interim report in January, 2003 and the final report in October, 2003. The Review Committee appointed also noticed that many of the recommendations of the High Power Commission were not implemented and also pointed the various instances of maladministration, corruption etc. in the functioning of the board as well as its officers. After an elaborate consideration of the matter, this Court thought it fit that the suggestions made by the Review Committee for appointment of Ombudsman has to be welcome and DBA 117/2007 :14: accordingly, a retired Judge was appointed as Ombudsman in respect of the temples and other institutions administered by the Travancore and Cochin Devawom Boards for a period of three years. 12. The Ombudsman, in Report No.3, as already referred to above, has stated that unless the Board meet regularly and grants sanction for meeting the expenditure, it would be difficult for all the temples to conduct festivals. This Court had taken notice of these facts even in its interim order dated 18.12.2007, while issuing notice. The averments in the counter affidavit filed by Respondent Nos. 3 and 4 who are the Board Members, admits the fact that previously Board Meetings were held on Tuesdays and Wednesdays in every week which practice has hitherto been stopped and regular Board Meetings are not being held. One of the members have even expressed his anxiety in not considering these matters by the Board in regular intervals after convening such meeting. Though there is no statutory provision fixing any interval within which a Board Meeting has to be held, that is not an excuse for not holding a meeting. When the Board is envisaged with various statutory powers, it should effectively discharge its functions and duties and if the Board fails to take decisions promptly on various matters, it will directly affect the functioning of the temples and its DBA 117/2007 :15: rituals etc. For the conduct of festivals in various temples, sanctioning of expenditure by the Board is necessary. Timely decision if not taken will affect such festival to be conducted annually in the temple. Various other matters pertaining to repairs of the temples, sanctioning of amounts for the same etc. are some of those matters which also require attention of the Board. When large number of matters are pending consideration by the Board, the absence of a statutory provision for holding such meetings will not absolve the Board of its statutory duties, as it will be failing to discharge its duties unless timely actions are taken by convening meetings and taking decisions thereon. Further, even going by the averments made in some of the counter affidavit, matters for consideration by the Board have heaped up. Whether the Board Meeting should be held twice in a week, once in a week or at what intervals will, therefore, depend upon the number of items pending consideration by the Board. When admittedly large number of such items are pending consideration, one would expect holding of such meeting at regular intervals so as to dispose of those items in discharge of its functions as imposed by the Statute or at least take decisions by circulation on matters where debate or discussion is found not necessary. Therefore, in the absence of any provision, when there is a DBA 117/2007 :16: precedence of convening such meetings at such intervals at least twice in a week, there must be justification for not holding such meetings, either because there are no such matters of urgent need for consideration or such other good reasons. 13. Some of the items were very urgent requiring consideration even before Makara vilakku festival and hence this Court passed an interim direction. As per the last of the statement filed on behalf of the first respondent, it is stated that the said direction has been complied with and there is a further assurance that all the pending matters will be considered and disposed of within a period of six weeks. In the light of the subsequent statement filed assuring this Court that all pending files will be considered and disposed of, we think that the respondents will abide by such assurance given to this Court and therefore, it is not necessary to direct the Board specifically to convene meetings at any particular interval. At the same time, the Board has to see that all pending matters are considered and disposed of as expeditiously as possible and giving preference to urgent matters. At any rate, all pending matters should be disposed of within a period of six weeks as assured in the statement filed before this Court. DBA 117/2007 :17: It is also open to the Board to consider and take decisions on such matters which may not require any debate or discussion by circulation as may deem fit and appropriate. Before parting with this case, we cannot but express our anxiety in the manner in which the Board functions. Even in the matter of convening Board meetings, let alone the decisions to be taken thereon, there is sharp difference of opinion among the constituents of the Board which is not a healthy trend, having due regard to the high office they occupy and the public duty cast on them in the matter of administration of the temples under it. The Board is a repository of the confidence and trust of the people at large and such confidence can be established only by its effective functioning. The Board, we hope, will rise