Temple Advisory Committee Can't Collect Money From Devotees For 'Para Nirakkal'; Collection Only Against Approved Sealed Coupons: Kerala HC
The Kerala High Court has recently passed a judgment wherein it held that even the Temple Advisory Committee constituted under S.31A of the Travancore Cochin Hindu Religious Institutions Act cannot collect donations from devotees in connection to 'Para Nirakkal'. It was also held that any collection of money from devotees in connection with annual festival shall be with the prior approval of...
The Kerala High Court has recently passed a judgment wherein it held that even the Temple Advisory Committee constituted under S.31A of the Travancore Cochin Hindu Religious Institutions Act cannot collect donations from devotees in connection to 'Para Nirakkal'. It was also held that any collection of money from devotees in connection with annual festival shall be with the prior approval of the Devaswom Board, against sealed coupons issued by the Assistant Commissioner.
The decision was rendered by the Division Bench comprising of Justice Anil K. Narendran and Justice Muralee Krishna S. while considering a writ petition filed by a devotee of Peruvaram Sree Mahadeva Temple.
Facts
Peruvaram Sree Mahadeva Temple, situated in North Paravur, is under the management of the Travancore Devaswom Board (2nd respondent). The petitioner alleged that the 7th respondent (Padinjare Nada Vilakku Committee) was conducting parallel festivals ('Para Nirakkal' and Vilakku festival) in the temple without authorisation from the Board and was collecting money from devotees.
A complaint was made to the Secretary of the Board and the Devaswom Commissioner regarding parallel conduct of festivals and regarding illegal vehicle parking on temple land. The 8th respondent Station House Office (SHO) tried to amicably settle the dispute without registering the crime. The Board directed its Vigilance Wing to conduct an enquiry into the complaint.
The writ petition was filed seeking a direction to the 2nd respondent to prevent parallel festivals in the temple premises and to prohibit illegal parking of vehicles in the temple.
Finding
After hearing both sides, the Court looked into Sections 15A, 31, 31A and 35 of the Travancore Cochin Hindu Religious Institutions Act (the Act).
S.15A lays down the duties of the Board, which includes, ensuring that the traditional ceremonies are conducted according to prevalent practice and establishment and maintenance of proper facilities in the temple for devotees.
As per S.31, the Board has the responsibility to manage the properties and affairs of the Devaswoms and to arrange for conduct or daily worship and festivities in the temple according to its usage.
S.31A deals with the formation of Temple Advisory Committees. In accordance with S.35, the Travancore Devaswom Board has framed Rules for the Committees in the temples under the management of the Board.
The Court further looked into certain key decisions under the aforesaid statute, namely, Major Vellayani Devi Temple Advisory Committee v. State of Kerala, Rajalekshmi P. v. State of Kerala, and Chandu K. v. Travancore Devaswom Board.
As per the above decisions, the Court found, the formation of Temple Advisory Committees have become statutory and these bodies are dutybound to assist the Boards for the smooth functioning of temple festivals.
The Court thereafter referred to Clause (18) of the Rules framed under S.35 of the Act. As per the said clause, there is a prohibition against collection of funds using kanikkavanchis or hundis. Collection of money can be only through printed coupons specifying the amount collected. The same can be done only with the approval of the Devaswom Department and the receipts must contain the seal of the Assistant Commissioner.
The Court observed as below:
“In view of the provisions contained in Section 31A of the Act and the Rules made under sub-section (3) of Section 31A, no committee other than the 6th respondent Temple Advisory Committee constituted under Section 31A of the Act, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules, shall have any activity in Peruvaram Sree Mahadeva Temple under the management of the 2nd respondent Travancore Devaswom Board in connection with the daily worship, ceremonies and festivals. In view of the prohibition contained in Clause (18) of the Rules, even the 6th respondent Temple Advisory Committee cannot collect money from the devotees in connection with 'Para Nirakkal' in the said temple.”
Rejecting the contention taken by the 7th respondent that it was only taking voluntary donations from those interested, the Court held that said collection of money was per se arbitrary and patently illegal.
It was further observed:
“Any collection of money from the devotees by the 6th respondent Temple Advisory Committee, in connection with the annual festival, shall be with the prior approval of the Board, against sealed coupons issued by the Assistant Commissioner.”
The Court also found that the Police ought to have taken action against the same, since a complaint was filed.
The Court disposed of the writ petition directing the 4th respondent Assistant Devaswom Commissioner or the 5th respondent Sub Group Officer to submit complaint regarding any unauthorised activities and collection of money or illegal parking of vehicles. The 8th respondent SHO was directed to take immediate action in case of receipt of such complaints.
Case No: WP(C) No. 10535 of 2025
Case Title: Santhosh Warrier v. State Of Kerala and others
Citation: 2025 LiveLaw (Ker) 321
Counsel for the Petitioner: Resmi A., Sreeragh C.R.
Counsel for Respondents: Sangeetha S. Nair, Sreejith C.K., S. Rajmohan, Sr. Government Pleader; G. Santhoshkumar, SC - TDB