Kochi: The Kerala High Court has passed a judgment wherein it held that the Temple Advisory Committee constituted under S.31A of the Travancore Cochin Hindu Religious Institutions Act cannot collect donations from devotees for 'para nirakkal'. It was also held that any collection of money from devotees in connection with the annual festival shall be with the prior approval of the Devaswom Board, against sealed coupons issued by the Assistant Commissioner.

A division bench comprising Justice Anil K Narendran and Justice Muralee Krishna S delivered the judgement while considering a writ petition filed by a devotee of Peruvaram Sree Mahadeva Temple.

The petitioner alleged that the 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.

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A complaint was made to the Secretary of the Board and the Devaswom Commissioner regarding the same, along with illegal vehicle parking on temple land. The 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.

After hearing both sides, the court looked into Sections 15A, 31, 31A and 35 of the Travancore Cochin Hindu Religious Institutions Act (the Act).

The court found that the formation of Temple Advisory Committees has become statutory, and these bodies are duty-bound to assist the Boards for the smooth functioning of temple festivals.

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It was further observed that “any collection of money from the devotees by the 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.”

Rejecting the contention taken by the committee members 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.

The court also found that the police ought to have taken action against the same, since a complaint was filed.
(With LiveLaw inputs)

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