K.V. Jayakumar, J.

1. The matter pertains to the approval for the award of contract for the construction of ‘Prathalpura’ in Vaikom Sree Mahadeva Temple.

2. The Travancore Devaswom Board has submitted a petition seeking the approval of estimate and award of contract for the work of Vaikom Devaswom – Vaikom Group for the construction of Prathalpura for an estimate of Rs.1,92,00,000/- (One Crore Ninety Two Lakh only) in favour of M/s. G. S. Engineering Works at 5.10% below the sanctioned estimate rate.

3. The said estimate was prepared based on the order of this Court dated 11.11.2015 and as per the order of the Travancore Devaswom Board dated 28.03.2023 (Annexure-1).

4. Vaikom Sree Mahadeva Temple is one of the oldest and most revered Shiva temples in Kerala. It is especially famous for its deep historical roots, unique worship traditions, and the Vaikom Satyagraha. The most important annual festival of the temple is ‘Vaikathashtami’, celebrated in the Malayalam month of Vrischikam. During the Ashtami festival, lakhs of devotees visit the temple.

5. It was noticed that there existed a pressing need for a dedicated Prathalpura for serving Prasada Oottu, commonly referred to as “Prathal”, to the devotees. During the Ashtami festival, pilgrims were required to wait for long hours in the open space within the Chuttambalam, without any form of shade or shelter. As a temporary measure, a makeshift structure costing approximately  Rs. 3.5 lakhs is erected every year during Vaikathashtami to protect devotees standing in queue from the scorching sun and seasonal rains. Considering the recurring nature of the expenditure and the continuing hardships faced by devotees, a proposal was placed to construct a permanent Prathalpura on the northern side of the temple.

6. The Chief Engineer has submitted a detailed estimate for the construction of the Prathalpura, placing the total projected cost at  Rs. 1,92,00,000/-. The Travancore Devaswom Board thereafter granted both administrative and technical sanctions for the proposed work, as evidenced by Annexures–II and IV respectively. Followingthe grant of sanction, the work was tendered after giving wide publicity through leading local dailies as well as on the official website of the Devaswom Board. M/s. G.S. Engineering Works emerged as the lowest bidder, having quoted 5.10% below the estimated rate. The Travancore Devaswom Board accordingly accepted the tender submitted by M/s. G.S. Engineering Works, and issued the sanction order vide order dated 12.09.2024 (Annexure–XI). Annexure–XII is the copy of the plan and elevation of the proposed work.

7. While so, the Thantri of the temple expressed the view that the proposed construction should not be undertaken within the temple premises, as it would adversely affect the Kshetra Chaithanyam (the spiritual sanctity of the shrine). The written opinions of the Thantri, Sri. Bhadrakali Mattappallimanakkal Narayanan Namboodiri, and of Sri. Madhavan Namboodiri have been produced with the writ petition as Annexure–XIII. It is further recorded in Annexure–XIII that an Ashtamangallya Prasnam was previously conducted in the temple by the renowned astrologer Sri. Parappanagadi Unnikrishnan Panicker, who had observed that no construction shall be carried out within the Chuttambalam of the Vaikom Sree Mahadeva Temple. On the basis of the said astrological observations, a prior proposal for the construction of the Prathalpura was dropped by the Board. Since that earlier proposal involved an amount below  Rs. 20 lakhs, no permission was sought from this Court at that time.

8. The respondent, The Kerala State Audit Department, has also filed remarks before the Ombudsman on 21.01.2025, wherein also they have mentioned that the Thanthri of the temple opined that no construction work shall be carried out especially in the open space between Chuttambalam and Oottupura, which will degrade the temple spirit. In their counter affidavit, the Audit Department has mentioned the pathetic condition of the temple premises due to improper maintenance.

9. In DBP No. 57 of 2022, this Court appointed Sri. P. Rajeev as Advocate Commissioner to conduct an inspection of the Sree Vaikom Mahadeva Temple and to examine the feasibility of constructing the Prathalpura on the northern side of the temple, or, in the alternative, to identify any other feasible and viable proposal that would meet the requirements of the devotees without compromising the sanctity of the temple premises.

10. The learned Ombudsman, upon a detailed evaluation of both the proposed Prathalpura and the alternative plan suggested by the Advocate Commissioner, expressed the view that the alternative proposal may also be considered so as to avoid any discord between the temple Thantri and the Travancore Devaswom Board. The learned Ombudsman further noted in his report that, if this Court were to grant permission to proceed with the present proposal, he has recommended a series of safeguards and supervisory measures to ensure proper monitoring of the construction and to guarantee the quality of materials used.

11. The short question involved in this matter is whether approval should be granted for awarding the contract for the construction of the Prathalpura in Vaikom Temple as per the Annexure-III estimate.

12. When the matter was taken up for consideration on 20.08.2025, this Court passed the following order:

               “The name of the Advocate Commissioner, Sri. P. Rajeeve is not shown in the cause list. The Registry shall ensure that the name of the Advocate Commissioner is also shown in the cause list.

               2. Prima facie, it appears to us that the proposed steel structure with Mangalore-style roofing tiles or similar (sic), covering an area exceeding 13,000 square feet on the northern side, in the space between the Oottupura and the Chuttambalam, would be an eyesore and a blot upon the fundamental architectural principles that govern Kerala temples. It must be borne in mind that the Vaikom Sree Mahadeva Temple stands as an exemplary model of Kerala temple architecture, renowned for its sanctity and heritage. The Thanthri has also expressed the opinion that the construction of a Prathal Pura using steel frames in the aforesaid space would, over time, erode and undermine the spiritual essence of the temple.

               3. We have perused the specifications of the proposed construction, as well as the recast estimate placed before us as Annexure-III. It appears that the specifications do not contain any detailed information regarding the quality of steel proposed to be used, its grade, type of Mangalore-style tiles, or any drainage provisions.

               4. The proposed erection at the location now suggests serious doubts as to whether respondents were concerned about the need to preserve the sanctity and architectural heritage of the temple.

               5. Before any further orders are passed, we deem it necessary to hear the Advocate Commissioner.

               6. We direct the Assistant Executive Engineer, Kottayam Division, to place before this Court:

               a) A site sketch of the temple clearly indicating the location of the proposed steel structure, which sketch shall also detail the vacant spaces on its four sides, the provision for drainage etc.

               b) The detailed architectural and structural drawing of the proposed construction;

               c) The specification sheet describing the materials proposed to be used, including the quality of the steel and roofing tiles, rust prevention etc;

               7. A statement indicating whether, prior to the tendering process, steps were taken to ensure that the quality of materials had been specified in accordance with G.O.(P) No. 13/2012/PWD dated 01.02.2012, which mandates the use of good quality materials and the implementation of appropriate quality control measures.

               8. We order that no further construction shall be undertaken without obtaining orders from this Court.”

13. Again, when the matter was taken up for consideration on 17.09.2025, this Court has passed the following order:

               “2. In pursuance of the directions previously issued by this Court, the Executive Engineer of the Travancore Devaswom Board, Kottayam, appeared before us and submitted a fresh proposal. The earlier proposal to construct the Prathalpura had been expressly disapproved in our prior order, as it was found to be incompatible with and destructive of the temple’s architectural beauty and heritage.

               3. The learned Government Pleader, the learned Standing Counsel for the Travancore Devaswom Board, and the Advocate Commissioner shall carefully examine the revised proposal and place their considered inputs before this Court.

               4. The Executive Engineer has stated that he will personally visit the temple tomorrow. He shall, during this visit, confer with the Advocate Commissioner so that their joint observations and recommendations may be submitted to this Court without delay.

               5. A digitally created photograph of the proposed Prathalpura, depicting a lien attached to the temple with a seating capacity of approximately 400 persons, has also been produced. However, the sketch is deficient in that it omits the exact dimensions of the proposed lien. The Executive Engineer is directed to note that the incorporation of steel railings or other incongruous modern materials is wholly inappropriate. He is therefore directed to ensure that the design faithfully incorporates the authentic architectural elements of the temple. The Executive Engineer shall further place before this Court the precise dimensions of the proposed construction together with a detailed cost estimate, provisions for drainage, wash etc., so that further orders can be passed.”

14. Sri. G. Biju, the learned counsel for the Travancore Devaswom Board, submitted that approval may be granted for awarding the contract for the construction of the Prathalpura. The Board has already granted administrative and technical sanctions for the project. The learned counsel further submitted that if the Prathalpura is constructed in accordance with Annexure-III estimate, it would be highly convenient and useful for the devotees during the Ashtami Festival. It is also submitted that temporary Panthals are now constructed around the temple every year during the Ashtami Festival season at an expenditure of more than three lakhs. During the Ashtami Festival, lakhs of devotees visit the temple from different parts of the State. In order to protect them from the scorching sun and rain, it is imperative to construct the proposed Prathalpura. If the proposed Prathalpura is constructed, the said amount can be saved.

15. The learned Senior Government Pleader Sri. S. Rajmohan submitted that the Thanthri of the temple has opined that such type of construction should not be carried out in the temple, especially in the space between Chuttambalam and Oottupura, as it will degrade the Kshethra Chaithanyam. He has also highlighted the pathetic condition of the temple structure due to lack of proper maintenance.

16. Sri. P. Rajeeve, the Advocate Commissioner, submitted that any addition or construction in the temple would adversely affect the beauty and aesthetics of the temple premises. According to him, it is essential that the devotees be able to wait for receiving Prathal Prasadam without being exposed to sun or rain. In order to redress the difficulties faced by the devotees, he has suggested an alternative proposal. We have gone through the alternate proposal suggested by the Advocate Commissioner

17. We have carefully considered the submissions of the learned counsel appearing on all sides.

18. The Travancore Devaswom Board has submitted Petition No. 13 of 2024 seeking the approval of this Court for awarding the contract for the construction of the Prathalpura in the Vaikom Mahadeva Temple, as detailed in Annexure–3, for an estimated amount of  Rs. 1,92,00,000/-. From the materials placed on record, it is evident that the proposed steel structure with Mangalore-style roofing tiles is intended to cover an area exceeding 13,000 square feet on thenorthern side of the temple, situated in the space between the Oottupura and the Chuttambalam. The Board has already granted administrative sanction as per order dated 22.05.2023 (Annexure–II) and technical sanction as per order dated 13.07.2022 (Annexure–IV).

19. Annexure–VII is the site sketch depicting the temple and its precincts. In the sketch, the proposed tiled-roof structure, shaded in green, has a length of 77.50 metres and a width of 3.75 metres and is positioned in the corridor-like space between the Oottupura and the Chuttambalam.

20. There is no doubt that the proposed construction, comprising a steel structure topped with Mangalore-style roofing tiles, would significantly impair the aesthetic value and architectural splendour of this ancient temple. The earlier proposal for a similar steel structure with Mangalore-style tiled roofing had already been dropped based on the objections recorded in Annexure–XIII by the then Thanthri, Bhadrakali Mattappallimanakkal Narayanan Namboothiri. The Thanthri had observed that any such construction in the open space between the Chuttambalam and the Oottupura would be improper. His letter further records the finding of Sri. Parappanagadi Unnikrishnan Panicker, who had conducted an Ashtamangalyam Prasnam in the Vaikom Mahadeva Temple, wherein it was interdicted that no construction shall be undertaken within the temple compound.

21. The present proposal, being yet another steel structure with Mangalore-style roofing covering an area of approximately 13,000 square feet, suffers from the same deficiencies. In our earlier order dated 20.08.2025, we had already expressed our disagreement with the present proposal on the ground that it adversely affects the architectural beauty, sanctity, and heritage character of the temple.

22. Pursuant to the order dated 20.08.2025, the Executive Engineer of the Travancore Devaswom Board appeared before us and submitted a fresh proposal. He produced a digitally prepared visual depiction of the newly proposed Prathalpura, styled as a lien attached structure to the temple premises, with a suggested seating capacity of around 400 persons.

23. When the matter was taken up on 06.10.2025, we considered the said proposal for the lien-type structure, proposed to be constructed along the side of the Oottupura, with an approximate width of 3.75 metres and an overall length of about 80 metres. By order dated 06.10.2025, we observed that such a lien-type structure would substantially diminish and detract from the architectural grandeur and aesthetic harmony of the Vaikom Sree Mahadeva Temple, which stands as an illustrious exemplar of traditional Kerala temple architecture. In compliance with our direction, the Executive Engineer consulted a qualified temple architect and obtained his expert opinion regarding the permissibility of such construction within the temple precincts. Accordingly, the Executive Engineer consulted Sri. V. G. Govindan Namboothiri, a renowned temple architect, who has placed his written opinion on record. Sri. Govindan Namboothiri has opined that the Vaikom Sree Mahadeva Temple is a distinguished representation of Kerala-style temple architecture founded on Vastu principles. He has noted that the distance between the existing temple structure and the current Prathalpura is approximately 18 metres, and that any permanent, modern-style construction within this zone would adversely affect the traditional architectural integrity of the temple. The architect therefore advised that permanent construction within the temple premises be avoided and that devotees visiting the temple to receive the Prathal may instead be accommodated in temporary shelters, wherever required.

24. The Thanthri of the temple has expressly opined that the proposal for a steel structure within the temple precincts is improper as it detracts from the architectural beauty and sanctity of the temple. The Advocate Commissioner has also submitted a report opposing such construction. The expert temple architect, Sri. Govindan Namboothiri, has unequivocally expressed his reservations against any permanent construction within the temple compound.

25. The essential purpose underlying the proposed construction is to provide shade and shelter to devotees waiting in queue during the annual Ashtami festival. On ordinary days, however, there is no significant congestion in the temple for darshan or for receiving the Prathal Prasadam. The existing Prathalpura is capable of accommodating between 800 to 1,000 devotees per day, which sufficiently meets the requirements during normal periods.

26. If the intention is merely to provide shade for devotees during festival seasons, the Travancore Devaswom Board may consider planting suitable trees, such as Arayal (Peepal), Peral (Banyan), Koovalam (Bilwa), and Ashoka. The Arayal tree is regarded as sacred and symbolically associated with the Trimurti—Brahma, Vishnu, and Shiva—and would also contribute to environmental and aesthetic enhancement.

27. In the light of the foregoing discussions and the cumulative objections raised by the Thanthri, the Advocate Commissioner, and the expert temple architect, we are unable to grant our approval either to the present proposal or to the modified lien-type extended structure.

               Our Directives for future guidance

28. Before we part with this matter, we consider it necessary to emphasise that any construction undertaken within a temple or in its immediate precincts must be approached with utmost restraint and circumspection. Unnecessary constructions, without due regard to Vasthu principles, the aesthetic integrity, the archaeological significance, and the traditional architectural grandeur of the temple, ought to be scrupulously avoided. Temples are heritage structures; therefore, any intervention must be sensitive to their cultural, ritualistic, and historic value. In this context, and bearing in mind both the current civil-engineering standards and the best practices governing public works and the grant of contracts, we deem it just and proper to issue the following guidelines to the Devaswom Board before it places any proposal for construction within the temple or its precincts:

               A. Aesthetic and Architectural Impact Assessment:

The Board shall undertake a detailed examination as to whether the proposed construction would affect the aesthetics, heritage value, spatial harmony, or architectural beauty of the temple complex.

               B. Mandatory Consultation with Thanthri and Experts:

               The Board shall consult the Thanthri regarding the ritualistic propriety and functional necessity of the proposed construction. The Board shall also obtain an opinion from a qualified and accredited Temple Architect, preferably one with recognised expertise in heritage conservation and traditional Kerala temple architecture.

               C. Assessment of Necessity:

               The Board shall consider whether the proposed permanent structure is indispensable for providing additional amenities, safety measures, or essential services to devotees, and whether the objective could be met through less intrusive, temporary or modular structures.                  D. Civil-Engineering Feasibility and In-house Execution:

               If the proposal is found indispensable, the Board shall examine the feasibility of executing the work through its in-house team of qualified civil engineers, ensuring adherence to current engineering codes, structural-stability norms, environmental considerations, and cost-effectiveness. Outsourcing shall be resorted to only if the Board lacks the required technical expertise or manpower, and even then, strictly through transparent, competitive procedures complying with modern public-works standards.

               E. Avoidance of Unnecessary Constructions:

               All avoidable constructions, excavations, extensions, and structural alterations inside or outside the temple premises shall be minimised to the greatest extent possible.

29. As per the order dated 03.06.2010 in W.P.(C) No.16438/2010, this Court had directed the Travancore Devaswom Board to obtain the prior approval of this Court for the award of any contract exceeding  Rs. 1,00,000/-. Subsequently, the slab limit was enhanced from time to time. By order dated 23.11.2016 in D.B.A. No.16/2016, this Court enhanced the slab limit to Rs. 20,00,000/-.

30. At present, petitions seeking approval for the award of construction contracts above  Rs. 20,00,000/- are filed before the learned Ombudsman. The learned Ombudsman, after a detailed consideration of each project, forwards the matter to this Court along with his recommendations and suggestions. In order to avoid delay in the grant of approval for construction works undertaken by the Devaswom Boards, we deem it appropriate to direct that all such applications shall hereafter be filed directly before this Court. The Registry shall list such applications before the Devaswom Bench as expeditiously as possible, and in any case within seven days from the date of filing.

31. Further, we deem it appropriate to direct that whenever the Board approaches this Court with a proposal for new construction, the following documents, reflecting compliance with engineering norms and contract-award protocols, shall be produced along with the application:

               a) The written opinion of the Temple Thanthri regarding the proposed construction.

               b) The opinion of a qualified Temple Architect.

               c) The proceedings/resolution of the Travancore Devaswom Board approving the proposal.

               d) Administrative sanction issued by the competent authority.

               e) Technical sanction granted by the authorised engineering wing.

               f) A detailed and duly approved estimate based on prevailing Schedule of Rates (SOR) and a Bill of Quantities ( BOQ) .

               g) The Notice Inviting e-Tender (NIT) issued in accordance with procurement rules.

               h) Full details of the contractor selected, including qualification criteria, bid evaluation, and award process.

               i) A copy of the agreement executed between the Travancore Devaswom Board and the contractor.

32. Upon completion of the work, the contractor shall, within 30 days, file an affidavit detailing the nature, quantity, source, and quality of materials used; the structural and engineering specifications followed; the time taken for completion; and all other relevant particulars. The Executive Engineer in charge of the concerned temple shall similarly file an affidavit within the same period, certifying compliance with technical standards, quality-control measures, and the approved plans, without fail.