Cochin Devaswom Board - Cheranalloor Bhagavathy Temple (Suo Motu)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` TUESDAY, THE 5[TH] DAY OF MARCH 2024/15TH PHALGUNA, 1945 ``` ## **`DBP NO.14 OF 2022`** ``` COCHIN DEVASWOM BOARD- CHERANALLOOR BHAGAVATHY TEMPLE, ``` ``` CHERANALLOOR - SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED NIL - REG. ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001`** - **`2 *PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001,`** ``` *(STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, ``` ``` THIRUVANANTHAPURAM – 695 001 – SUO MOTU CORRECTED AS ABOVE VIDE ORDER DATED 05.06.02023 IN DBP NO.14 OF 2022) ``` - **`3 THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001`** - **`4 COCHIN DEVASWOM BOARD SWARAJ ROUND, N.KURUPPAM, THEKKINKADU MAIDAN, THRISSUR, KERALA - 680 001 REPRESENTED BY ITS SECRETARY`** ``` *ADDL R5ASSISTANT COMMISSIONER ``` 2 DBP No.14 of 2022 ``` COCHIN DEVASWOM BOARD, THRIPUNITHURA – 682 301 ``` ``` *ADDL R6DEVASWOM OFFICER ``` ``` CHITTOOR SREE KRISHNA SWAMY TEMPLE, CHITTOOR ROAD, SOUTH CHITTOOR, ERNAKULAM -682 027 ``` - **`*ADDL R7 DEPUTY DIRECTOR`** ``` LOCAL FUND AUDIT, COCHIN DEVASWOM BOARD UNIT, THRISSUR-680 001 ``` ``` *ADDL R8#TEMPLE ADVISORY COMMITTEE, CHERANALLOOR BHAGAVATHY TEMPLE, NH966A, CHERANALLOOR, ERNAKULAM 682 034. ``` ``` #(THE TEMPLE ADVISORY COMMITTEE, CHITTOOR SREE KRISHNA SWAMY TEMPLE, CHITTOOR ROAD, SOUTH CHITTOOR, ERNAKULAM – 682 027 - SUOMOTU CORRECTED VIDE ORDER DATED 05.07.2023 IN DBP.NO.14/2022) ``` ``` *(ADDITIONAL RESPONDENTS 5 TO 8 ARE SUOMOTU IMPLEADED AS PER ORDER DATED 05.06.2023 IN DBP NO.14 OF 2022) ``` ``` BY ADVS. GOVERNMENT PLEADER K.P.SUDHEER CHANDRASEKHAR P JENNY THANKAM(J-541) C.RAMAN(K/1133/1995) ANOOP KRISHNA(k/001468/2018) ANAND SANKAR(K/000657/2018) REGIMOL M.K.(K/213/2018) SHRI.S.RAJMOHAN, SENIOR G.P. ``` ## **`OTHER PRESENT:`** ``` SRI S. RAJMOHAN - SR GOVERNMENT PLEADER; SRI K.P.SUDHEER -STANDING COUNSEL - COCHIN DEVASWOM BOARD ; SRI P RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.14 of 2022 ## **JUDGMENT** ## **Anil K. Narendran, J.** This DBP is registered _suo motu,_ vide proceedings dated 13.05.2022, based on a complaint dated nil made by a devotee of Cheranalloor Bhagavathy Temple of C.K. Swamy Devaswom under the Thripunithura Group, which is under the management of the 4[th] respondent Cochin Devaswom Board. The allegations contained in the complaint pertain to various issues in the management of that temple. 2. On 19.05.2022, when this DBP came up for consideration, the matter was referred to the learned Ombudsman for enquiry and report. Pursuant to that order, the learned Ombudsman conducted an enquiry and submitted a report dated 15.05.2023, which reads thus: “Pursuant to the order dated 19[th] May, 2022, of the Honourable High Court, referring the matter to this Office for enquiry and report, notices were issued under date 30.5.2022 to the parties to the DBP and requiring them to file their objections, if any, to the complaint. The Devaswom Commissioner, in his reply dated 01.08.2022, informed that the Internal Audit Wing has been authorised to verify the accounts of the Temple Advisory Committee. However, in order to avoid delay in the matter, the Board authorised Smt. P.N. Sindhu, the Junior Superintendent in the Office of the Assistant Devaswom Commissioner, 4 DBP No.14 of 2022 Thripunithura, for conducting a detailed audit of the accounts of the Samithi for 12 years. It is stated that as some of the basic documents were not found, the Secretary of the Samithi is stated to have been requested to provide the same and for completing the audit, two months’ time was sought for. Subsequently, by letter dated 28.10.2022 of the Secretary of the Cochin Devaswom Board, a copy of which is marked as Annexure O1, it was stated that the Samithi has not submitted the accounts as contemplated by the byelaw. It was in these circumstances, that an internal audit was ordered to be conducted and a preliminary audit report is stated to have been submitted, a copy of which is enclosed along with this letter. One month's time was also sought for completing the Audit and submitting the final report. Now, the final report is submitted along with a covering letter dated 12.12.2022. A copy of the report is enclosed herewith and marked as Annexure O2. In the meantime, one Sasi K.K. submitted a petition to get himself impleaded, stating to be based on an order passed on a petition and claiming himself to be a necessary party and referred to WP(C)No.29526 of 2022. Time was granted to him for filing the copy of the order, referred to by him in the impleading petition. However, none appeared on his behalf and the order was also not produced. Further, in the present DBP referred by the Honourable High Court, he is not a party and he has not sought for filing a petition before the Honourable High Court to get himself impleaded. Since this is a pending matter referred to me by the Honourable High Court, it is for the Honourable High Court to decide as to whether he is a necessary party and he should have moved the Honourable High Court in that 5 DBP No.14 of 2022 behalf, which however, he has not done. Copy of the proceedings passed on 14.02.2023 is marked as Annexure O3. In view of the final internal audit report, further action is to be taken by the Cochin Devaswom Board based on the finding in the Audit report. Serious defects noticed are in the Audit report for the period from 2010 to 2020. Now the said report has to be considered by the Board and follow up action taken after hearing the parties. Hence the Honourable High Court may be pleased to issue appropriate direction to the Cochin Devaswom Board to consider the Audit Report and to take further action after hearing the parties as per law.” 3. The additional 8[th] respondent Temple Advisory Committee has filed an affidavit dated 05.08.2023, producing therewith Exts.R8(a) to R8(z) documents, denying the allegations levelled against. On behalf of the 4[th] respondent Cochin Devaswom Board, an affidavit dated 25.09.2023 has been placed on record, producing therewith Annexure R4(a) report dated 25.08.2023 of the Assistant Commissioner (Audit), addressed to the Secretary of the Cochin Devaswom Board. In the affidavit filed on behalf of the 4[th] respondent, it is stated that Ext.R4(a) report is now placed before the Board, in which the Board has to take a final decision. The affidavit dated 25.09.2023 was followed by another affidavit dated 12.02.2024, producing therewith Annexure R4(b) order dated 27.12.2023 6 DBP No.14 of 2022 issued by the Board ordering enquiry through the Chief Vigilance Officer regarding the missing of stock registers and minutes book of the 8[th] respondent Temple Advisory Committee of Cheranalloor Bhagavathy Temple. 4. Heard the learned Senior Government Pleader for respondents 1 to 3 and also the additional 7[th] respondent, the learned Standing Counsel for Cochin Devaswom Board for the 4[th] respondent and additional respondents 5 and 6, the learned Counsel for the additional 8[th] respondent Temple Advisory Committee and also the learned Amicus Curiae for the learned Ombudsman. 5. As evident from Annexure R4(b) order dated 27.12.2023 of the 4[th] respondent Cochin Devaswom Board, based on Annexure R4(a) report dated 25.08.2023 of the Assistant Commissioner (Audit), since serious defects were noticed in the audit report of the additional 8[th] respondent Temple Advisory Committee of Cheranalloor Bhagavathy Temple. Since, by Annexure R4(b) order dated 27.12.2023, the Chief Vigilance Officer is directed to conduct an enquiry regarding the missing of stock registers and minutes book of the additional 8[th] respondent Temple Advisory Committee, we deem it appropriate to dispose of this DBP by directing the 4[th] respondent Cochin 7 DBP No.14 of 2022 Devaswom Board to take necessary action regarding the audit of accounts of the 8[th] respondent Temple Advisory Committee, after considering Annexure R4(a) report of the Assistant Commissioner (Audit) and the enquiry report to be submitted by the Chief Vigilance Officer, pursuant to Annexure R4(b) order dated 27.12.2023. The entire proceedings in this regard shall be finalized by the Board, as expeditiously as possible, at any rate within a period of three months from the date of production of a certified copy of this order. The contentions raised in the counter affidavit filed by the additional 8[th] respondent are left open to be raised before the 4[th] respondent Board, at appropriate stage. 6. As already noticed in the order dated 14.07.2023, there are two temples under C.K. Swamy Devaswom (Chittoor Krishna Swamy Devaswom), i.e. Chittoor Sree Krishna Swamy Temple and Cheranalloor Bhagawathy Temple. In the complaint made by the devotees of Cheranalloor Bhagawathy Temple, which is the subject matter of this DBP certain allegations are raised regarding the steps taken for recovering the Devaswom land in occupation of third parties. By the order dated 14.07.2023, the 4[th] respondent Board was directed to file an affidavit with respect to the Devaswom land of Chittoor Sree Krishna Swamy Devaswom. However, the affidavits dated 8 DBP No.14 of 2022 25.09.2023 and 12.02.2024 filed by the 4[th] respondent Board do not deal with that aspect. 7. During the course of arguments on a query made by this Court the learned Counsel for Cochin Devaswom Board would submit that the issue raised in WP(C) No.11437 of 2013 regarding encroachment of the Devaswom land of Chittoor Sree Krishna Swamy Temple under C.K. Swamy Devaswom is yet to attain finality. 8. Having considered the submissions made at the Bar and taking note of the law laid down by the Apex Court **in A.A.** ## **Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC** **482],** we deem it appropriate to direct the 4[th] respondent Cochin Devaswom Board to file an application before this Court, which shall be numbered as DBA, seeking appropriate reliefs for protecting the Devaswom land of Cheranalloor Bhagawathy Temple and Chittoor Sree Krishna Swamy Temple under C.K. Swamy Devaswom, within a period of one month from the date of receipt of a certified copy of this order. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** ded 9 DBP No.14 of 2022 ## **`APPENDIX OF DBP 14/2022`** ## **`RESPONDENT EXHIBITS`** ``` Exhibit R8(a) TRUE COPY OF THE MINUTES OF THE GENERAL BODY OF THE AFORESAID ADVISORY COMMITTEE SIGNED BY THE ASSISTANT COMMISSIONER, KOCHI DEVASWOM BOARD THRIPPUNITHURA Exhibit R8(b)TRUE COPY OF THE PROCEEDINGS OF THE DEVASWOM COMMISSIONER THRISSUR, PROCEEDINGS NO. A5/6598/2021 DATED 19.04.2023. Exhibit R8(c)TRUE COPY OF THE BYLAW OF THE TEMPLE ADVISORY COMMITTEE FORMULATED BY THE KOCHI DEVASWOM BOARD Exhibit R8(d)TRUE COPY OF THE ORDER NO.R.7256/2020 DATED 21-03-2022 OF THE SECRETARY OF THE KOCHI DEVASWOM BOARD Exhibit R8(e)TRUE COPY OF THE SKETCH OF THE KANNANKULAM Exhibit R8(f)TRUE COPY OF THE ORDER NO.R-12789/17 DATED 25-01- 2018 OF THE COCHIN DEVASWOM BOARD Exhibit R8(g)TRUE COPY OF BOOK NO.71 Exhibit R8(h)TRUE COPY OF THE BOOK NO.72 Exhibit R8(i)TRUE COPY OF BOOK NO. 42 Exhibit R8(j)TRUE COPIES OF COUPON NOS. 7 TO 18 RELATING TO DWAJAPRATHISHTA MONEY COLLECTION Exhibit R8(k)TRUE COPY OF THE RELEVANT PAGE OF THE AUDIT ACCOUNTS OF SRI. KARTHIYAYINI BHAGAVATHY TEMPLE ADVISORY COMMITTEE Exhibit R8(l)TRUE COPY OF THE DUPLICATE OF RECEIPT NO. 4439 Exhibit R8(m)TRUE COPY OF THE ORIGINAL OF RECEIPT NO 4440 Exhibit R8(n)TRUE COPY OF THE DUPLICATE OF RECEIPT NO. 4440 ``` 10 DBP No.14 of 2022 ``` Exhibit R8(o)TRUE COPY OF COUPON NO. 750 Exhibit R8(p)TRUE COPIES OF PAGE NOS. 3 AND 4 OF THE ACCOUNT BOOK FOR THE YEAR 2014-2015 Exhibit R8(q)TRUE COPY OF THE PAGE NO.1 OF THE CASH BOOK ``` ``` Exhibit R8(r)TRUE COPY OF THE RELEVANT PAGE OF THE ACCOUNT BOOK ``` ``` Exhibit R8(s)TRUE COPY OF THE RELEVANT PAGES OF THE AUDITED BOOKS OF ACCOUNT WHERE DETAILS OF 10 PATTAS OF OIL ARE SHOWN Exhibit R8(t)TRUE COPIES OF BILL NO. 27523 DATED 25.05.2015 BHEEMA JEWELLERY ``` ``` Exhibit R8(u)TRUE COPY OF PAGE NO. 28 OF THE CASH BOOK Exhibit R8(v)TRUE COPY OF RECEIPT NO. 1550 Exhibit R8(w)TRUE COPY OF RECEIPT NO.2024 ISSUED TO SRI. AJIL Exhibit R8(x)TRUE COPY OF THE RECEIPT ISSUED TO SRI. RADHAKRISHNAN KARUMALLOOR Exhibit R8(y)TRUE COPY OF PAGE 12 OF THE ACCOUNTS BOOK FOR THE YEAR 2017-2018 Exhibit R8(z)TRUE COPIES OF PAGE NO.1 TO 13 OF THE CASH BOOK FOR THE YEAR 2019-2020 ANNEXURE R4(a)TRUE COPY OF THE REPORT OF THE ASSISTANT COMMISSIONER (AUDIT), CDB DATED 25/08/2023 ANNEXURE R 4(b)A TRUE COPY OF ORDER NO.A5.1001/16 DATED 27.12.2023 ISSUED BY THE 4[TH] RESPONDENT ```