Advisory Ad-Hoc Committee, Major Cheruvalli Sree Devi Temple v Travancore Devaswom Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G.GIRISH ``` ``` WEDNESDAY, THE 6[TH] DAY OF DECEMBER 2023/15TH AGRAHAYANA, 1945 ``` ``` DBP NO.92 OF 2023 ``` ## **`ALLEGATION OF MISAPPROPRIATION OF FUNDS BY THE TEMPLE`** ``` ADVISORY COMMITTEE OFFICE BEARERS OF CHERUVALLI DEVASWOM ``` ## **`PETITIONER:`** ``` SRI.MURALEEDHARAN NAIR S/O THANKAPPAN NAIR, ORUPPAKKATTU HOUSE, CHERUVALLY P.O., MANIMALA, KOTTAYAM DISTRICT 686543 ``` ## **`RESPONDENTS:`** ``` 1THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM 695003 2THE ASSISTANT DEVASWOM COMMISSIONER THE TRAVANCORE DEVASWOM BOARD, MUNDAKKAYAM 3THE SUB GROUP OFFICER THE TRAVANCORE DEVASWOM BOARD, CHERUVALLY, KOTTAYAM DISTRICT, 686543 ``` ``` 4SRI.K.P.SASIDHARAN NAIR, S/O PRABHAKARAN NAIR, (PRESIDENT, TEMPLE ADVISORY AD-HOC COMMITTEE, MAJOR CHERUVALLY SREE DEVI TEMPLE), KULAKKATTU VEEDU, KAVUMBHAGOM P.O., CHERUVALLY VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT, 686519 5SRI.K.R.GOPALAKRISHNAN NAIR S/O RAGHAVAN NAIR, (SECRETARY, TEMPLE ADVISORY AD- HOC COMMITTEE, MAJOR CHERUVALLY SREE DEVI TEMPLE), KOYIPPURATH VEEDU, CHERUVALLY P.O., KOTTAYAM DISTRICT 686543 6SRI.P.R.SADANANDAKUMAR S/O RAGHAVAN NAIR, (VICE- PRESIDENT, TEMPLE ``` ``` 2 ``` DBP No.92 of 2023 ``` ADVISORY AD-HOC COMMITTE, MAJOR CHERUVALLY SREE DEVI TEMPLE), PALAPLAKKAL VEEDU, CHERUVALLY P.O., KOTTAYAM DISTRICT 686543 ``` - **`7 SRI.P.D.VANAJAKSHAN`** - **`S/O DAMODHARAN NAIR, (MEMBER, TEMPLE ADVISORY ADHOC COMMITTEE, MAJOR CHERUVALLY SREE DEVI TEMPLE), POOTHAKKUZHIYIL VEEDU, CHERUVALLY, P.O., KOTTAYAM DISTRICT 686543`** - **`8 SRI.K.N.SIVADASAN PILLAI S/O NARAYYANA PILLAI, (MEMBER, TEMPLE ADVISORY ADHOC COMMITTEE, MAJOR CHERUVALLY SREE DEVI TEMPLE), KAITHAKKAL VEEDU, KAVUMBHAGOM P.O., KOTTAYAM DISTRICT 686519`** - **`*ADDL.R9 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA-695 003. *[IS SUO MOTU IMPLEADED AS ADDITIONAL 9[TH] RESPONDENT VIDE ORDER DATED 19.09.2023 IN DBP 92/2023]`** - **`*ADDL.R10 THE DEPUTY DIRECTOR`** ``` LOCAL FUND AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM- 695 003 *[IS SUO MOTU IMPLEADED AS ADDITIONAL 10[TH] RESPONDENT VIDE ORDER DATED 19.09.2023 IN DBP 92/2023] ``` - **`*ADDL.R11 THE SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANATHANCODE, THIRUVANANTHAPURAM-695 003 *[IS SUO MOTU IMPLEADED AS ADDITIONAL 11TH RESPONDENT VIDE ORDER DATED 19/10/2023 IN DBP.NO.92/2023]`** ``` BY ADVS. ``` ``` C.S.MANILAL ``` - **`S.NIDHEESH(K/1061/2007)`** ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.SANTHOSH KUMAR- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ; SRI P.RAMACHANDRAN- AMICUS CURIAE FOR OMBUDSMAN ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` DBP No.92 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered, based on Report No.42 of 2023 of the learned Ombudsman in Complaint No.83 of 2022 filed by the petitioner herein/complainant, raising allegations of misappropriation of funds by the office bearers of the Temple Advisory Committee of Cheruvalli Devaswom, which is under the management of the Travancore Devaswom Board. A copy of the complaint dated 01.06.2022 is marked as Annexure-O1 in the report, which was followed by Annexure-O2 complaint dated ‘nil’. Before the learned Ombudsman, notice was issued to the complainant. The Deputy Devaswom Commissioner submitted Annexure-O3 report dated 17.11.2022. The Secretary of the Travancore Devaswom Board filed Annexure-O4 reply dated 23.02.2023, which was followed by Annexure-O5 letter dated 27.07.2023 of the Secretary of the Board, producing therewith the report of the Chief Vigilance and Security Officer. Report No.42 of 2023 of the learned Ombudsman reads thus; “A complaint from one Muraleedharan Nair, son of Thankappan Nair, was received on file and numbered as Complaint No. 83 of 2022. The matter relates to Cheruvalli Sreedevi Temple and the allegations are against the Secretary and other members of the Temple Advisory Committee. A copy of the complaint is produced as Annexure-O1. Since the complaint is against the Committee members whose ``` 4 ``` DBP No.92 of 2023 addresses were not furnished, subsequently, he filed another complaint in which certain details of the members, against whom the allegationsare raised, are disclosed. This is marked as Annexure-O2. 2. Notice was issued. The Deputy Devaswom Commissioner (P&SGRC) filed a statement informing that the Devaswom Assistant Commissioner has informed that the better course is to enquire the matter through Vigilance and accordingly, a recommendation was made to the Board. The report of the Deputy Devaswom Commissioner along with the letter from the Devaswom Assistant Commissioner, recommending for Vigilance enquiry is produced as Annexures-O3. The Secretary of the Travancore Devaswom Board filed a reply stating that the matter has been entrusted with the Vigilance for enquiry and report and also enclosed a copy of the letter addressed to the Superintendent of Police (Vigilance & Security). Copy of the reply along with the letter addressed to the Superintendent of Police (Vigilance & Security) is marked as Annexure-O4. 3. Subsequently, the Secretary, Travancore Devaswom Board informed by letter dated 27.07.2023 that Vigilance has submitted its report on 20.07.2023. The letter of the Secretary, along with the report of the Vigilance is marked as Annexure-O5. It is informed therein that the Vigilance report is pending consideration before the Board and recommendations are contained in the said report at page 9 as Paragraphs 1 to 4. The Vigilance has recommended that the accounts of the Temple Advisory Committee during the period 2017-22 and also that of the Ad hoc Committee are required to be audited through the State Audit, Travancore Devaswom Board and recommended further action based on the Audit report. There is also a recommendation that ``` 5 ``` DBP No.92 of 2023 persons who are found to be in default shall not be included in theTemple Advisory Committee in future. As respects the Departmental officers who acted against the interests of the Devaswom, departmental enquiry is suggested. Since the matter is pending consideration before the Board, it is for the Board to decide further course of action, after notice to the affected parties.” 2. On 19.09.2023, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 3 and 9 and the learned Senior Government Pleader took notice for the additional 10[th] respondent. Urgent notice by speed post was ordered to respondents 4 to 8, returnable within three weeks. The learned Standing Counsel and also the learned Senior Government Pleader sought time to get instructions. 3. On 19.10.2023, when this matter came up for consideration, respondents 4 to 8 entered appearance through counsel and sought time to file counter affidavit. By the order dated 19.10.2023, notice was issued to the complainant by speed post, returnable within three weeks. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. The Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Audit was _suo motu_ impleaded as the additional 11[th] respondent and the learned Senior Government ``` 6 ``` DBP No.92 of 2023 Pleader sought time to get instructions from the said respondent. 4. Heard the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 to 3, the learned Senior Government Pleader for the additional 11[th] respondent, the learned counsel for respondents 4 to 8 and also the learned Amicus Curiae for the learned Ombudsman. Despite Service of notice, none appears for the petitioner/complainant. 5. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. 6. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu ``` 7 ``` DBP No.92 of 2023 religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 7. In **Ram Mohan Das v. Travancore Devaswom Board [1975 KLT 55]** a learned Single Judge of this Court held that, under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. 8. In **A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/ archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only ``` 8 ``` DBP No.92 of 2023 with the passive or active collusion of the authorities concerned. ‘ ’ Such acts of fence eating the crops should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 9. In **Travancore Devaswom Board v. Mohanan Nair [(2013) 3 KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court is having inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. ``` 9 ``` DBP No.92 of 2023 ## 10. In **Suo motu v. State of Kerala and others [2022** **(2) KHC 411]** this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The position of the Board in this regard is analogous to that of trustees. Any such wrongful claims, theft or misappropriation with the passive or active collusion of the authorities concerned, which are acts of ‘fence eating the crops’ should be dealt with sternly. The deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of _parens patriae_ will also apply in the exercise of such jurisdiction. 11. The learned Standing Counsel for Travancore Devaswom Board would submit that the report dated 26.07.2023 of the Chief Vigilance and Security Officer has already been placed before the Board, for its consideration. In such circumstances, this DBP is disposed of, by directing the Board to take an appropriate decision in the matter, based on the report dated 26.07.2023 of the Chief Vigilance and Security Officer, taking note of the statutory provisions referred to thereinbefore and also the law laid down in the decisions referred ``` 10 ``` DBP No.92 of 2023 to supra, with notice to the petitioner herein/complainant and respondents 4 to 8 and after affording them an opportunity of being heard. In case the Board accepts the recommendation made by the Chief Vigilance and Security Officer for conducting an audit of the accounts of the Temple Advisory Committees and Ad-hoc Committees in Cheruvalli Devaswom for the period from 2017 to 2022 by the State Audit Department, the Board shall file a DBA before this Court, seeking appropriate direction. **Sd/-** **Sd/G. GIRISH, JUDGE** vgd