D.B.P.No.42 of 2019 in the matter of Travancore Devaswom Board - TDB Proceedings Initiated - Reg.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 10[TH] DAY OF JANUARY 2023 / 20TH POUSHA, 1944** **D.B.P. NO. 42 OF 2019** **IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.** **------------** ## **PETITIONERS:** - **1 P. HARIDAS AGED 55 YEARS, PADINJARE UMBUKADU, MANKOMBU P. O., ALAPPUZHA - 688 502.** - **2 KRISHNAKUMAR AGED 50 YEARS MADATHILCHIRA, MANKOMBU P. O., ALAPPUZHA. BY ADV SUO MOTU** ## **RESPONDENTS:** - **1 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPUARAM – 695 003.** - **2 THE SECRETARY TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM – 695 003.** - **3 THE SUB INSPECTOR OF POLICE PULINKUNNU POLICE STATION CHANGANACHERRY.** - **4* G.HARIKUMAR** 2 D.B.P.No.42 of 2019 **PRESIDENT,ARACKAL CHAVADI, MANKOMBU P.O, ALAPPUZHA-688 502.** - **5* MADHUSOODANA PANICKER SECRETARY, NOORUPARACHIRI, MANKOMBU P.O, ALAPPUZHA - 688 502.** **6* CHATHURTHYAKARI SERVICE CO-OPERATIVE BANK-1247, MANKOMBU BRANCH, CHATHURTHYAKARI P.O ALAPPUZHA - 688 502, REPRESENTED BY ITS BRANCH MANAGER.** ***ADDL. R4 TO R6 IMPLEADED AS PER ORDER IN IA 1/2020** **BY ADVS.** **R1 & R2 BY SRI.C.K.PAVITHRAN, SC, TDB R3 BY SRI S.RAJMOHAN- SR GOVERNMENT PLEADER R4 and R5 BY SRI.R.AZAD BABU R6 BY SRI.SOJAN MICHEAL** ## **OTHER PRESENT:** ## **SRI P.RAMACHANDRAN- AMICUS CURIAE** **THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 D.B.P.No.42 of 2019 ## **O R D E R** ## P.G.Ajithkumar, J. Complaint Nos.64 and 371 of 2017 before the learned Ombudsman for the Travancore and Cochin Devaswom Board were relating to the same issue. The allegations were that the Adhoc Committee formed in Mankombu Sree Bhagavathy Temple for conducting Kodi Archana had collected huge amounts from the devotees, but the accounts were not properly accounted and audited. Funds were kept in the bank accounts in the name of its President and Secretary in disobedience to the directions prevailing in the Travancore Devaswom Board and there was misappropriation of devaswom funds. 2. The learned Ombudsman, after enquiry submitted T.D.B. Report no.23 of 2019, wherein it was suggested that the Sub Inspector of Police, Pulinkunnu shall be directed to complete investigation in crime registered in regard to the complaints of misappropriation of the funds collected in relation to Kodi Archana in the Mankombu Sree Bhagavathy 4 D.B.P.No.42 of 2019 Temple and to consider whether a fresh audit by the State Audit, Travancore Devaswom Board is to be ordered. It was further suggested that necessary directions for initiation of disciplinary proceedings against the sub group officer, who was in charge of the Temple in question also to be issued. 3. The 1[st] respondent Devaswom Commissioner has filed a reply before the learned Ombudsman in regard to the allegation in the complaint. It was stated that the funds collected in connection with the Kodi Archana was kept in the bank accounts in the name of the President and Secretary of the Kodi Archana Committee and the Sub Group Officer did not take necessary action to ensure that the fund was kept in accordance with the regulations issued by the Devaswom Board. In response to the queries from this Court, affidavits were filed by the 1[st] respondent, where it was submitted that an amount of Rs.17,68,407/- was available in two accounts, in the name of the President and Secretary of the Kodi Archana Committee, 2013. In the light of the submissions of the 1[st] respondent, President and Secretary of the Committee 5 ## D.B.P.No.42 of 2019 were impleaded as additional respondents 4 and 5. Amount remained in their joint account was in deposit with Chathurthyakari Service Co-operative Bank-1247 and the said Bank was impleaded as additional 6[th] respondent. 4. On the basis of the complaint of the Assistant Commissioner, Travancore Devaswom Board, Changanassery, a crime was registered against respondent Nos.4 and 5 and also other members of the Kodi Archana Committee. The learned Senior Government Pleader was directed to place on record the status of the said criminal case, Crime No.235 of 2019 registered from the Pulinkunnu Police Station. In terms of the said direction, a copy of the final report in Crime No.235 of 2019 was placed on record along with the memo dated 17.09.2021 of the learned Senior Government Pleader. The said final report would show that respondent Nos.4 and 5 and also Sri.Girikumar, the then Sub Group Officer, against whom the allegations in the matter of depositing the funds of the Kodi Archana Committee and omission to audit the accounts in time were raised, are the accused in that crime. 6 D.B.P.No.42 of 2019 The final report charging them for commission of offence punishable under Section 406 read with Section 34 of the Indian Penal Code, 1860 is now pending consideration of the Judicial First Class Magistrate-I, Ramankary. 5. The 1[st] respondent reported that although show cause notice was issued to Sri.Girikumar, he retired on superannuation on 31.05.2018, and therefore further steps for disciplinary proceedings could not be continued. In the light of the statement of the 1[st] respondent that Rs.13,34,866/- in one account and Rs.3 lakhs along with its accrued interest in another account were being kept in the name of respondent Nos.4 and 5, directions were issued to transfer the said amounts along with the accrued interest in the name of a joint account maintained by the Administrative Officer of the Sree Mankombu Bhagavanthy Temple and Treasurer and Secretary of the Temple Advisory Committee as per the order dated 23.11.2021. 6. Rs.3 lakhs has been kept in the name of respondent Nos.4 and 5 in a fixed deposit. The said deposit 7 D.B.P.No.42 of 2019 will mature on 20.02.2024. On 01.09.2022, the respondents were directed to take steps to transfer the said deposit of Rs.3 lakhs along with interest to the account maintained by the Administrative Officer of Sree Mankombu Bhagavanthy Temple and Treasurer and Secretary of the Temple Advisory Committee, on its maturity. Respondent Nos.4 and 5 were directed to issue a letter of authorisation for that purpose to the bank. 7. Entire fund of the Kodi Archana Committee remained unspent (Rs.13,34,866/- and Rs.3,00,000) kept in the accounts in the names of respondent Nos.4 and 5 has now been transferred to the joint account maintained in the Administrative Officer of Sree Mankombu Bhagavanthy Temple and Treasurer and Secretary of the Temple Advisory Committee in that Temple. The criminal case registered against respondent Nos.4 and 5 and also the Sub Group Officer then in charge of the Temple, is now pending consideration of the Judicial First Class Magistrate Court-I Ramankary. It is the settled law that return of the money said 8 D.B.P.No.42 of 2019 to have been appropriated does not absolve the offender from responsibility. Anyhow, the prosecution initiated against respondent Nos.4 and 5 and the then Sub Group Officer has to reach its logical end after trial. Since the entire amount in question has been transferred in a joint account of the Administrative Officer of Sree Mankombu Bhagavanthy Temple and Treasurer and Secretary of the Temple Advisory Committee and placed at the disposal of the Travancore Devaswom Board, it is for the Travancore Devaswom Board to take appropriate action for utilisation of the amount strictly in accordance with law for the development and other purpose of Sree Mankombu Bhagavathy Temple. 8. We remind that the Travancore Devaswom Board shall ensure that developmental activities, festivals, etc. in the Temples under its management shall be done either directly or through the Temple Advisory Committee constituted under Section 31A of the Travancore Cochin Hindu Religious Institutions Act, 1950, in view of the law laid down by this Court in **Sunil Kumar C. and others v. Travancore** 9 D.B.P.No.42 of 2019 **Devaswom Board and others [2022 (4) KHC 663]** , and not through any other committees. The Travancore Devaswom Board shall also ensure that this kind of misdeeds and malpractices are not recurred in the Temples under its management. With the aforesaid observations, this D.B.P. is disposed of. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** dkr