Dr. P. S. Mahendra Kumar v. State of Kerala and Guruvayoor Devaswom Managing Committee and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 11[TH] DAY OF JANUARY 2024 / 21ST POUSHA, 1945 ``` ``` W.P.(C)NO.32413OF 2023 ``` ## **`PETITIONER:`** ``` DR. P.S. MAHENDRA KUMAR AGED 36 YEARS S/O PRASANNA KUMARI. D, ELAMPANA VILAKATH VADAKKE VEEDU, UCHAKKADA P.O., KULATHOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695506 ``` ``` BY ADVS. K.R.RAJKUMAR JAGADEESH LAKSHMAN R.K.RAKESH NANDANA BABU T. SREELAKSHMI P.S. ``` ``` RESPONDENTS: ``` - **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE (DEVASWOM), GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 GURUVAYOOR DEVASWOM MANAGING COMMITTEE GURUVAYOOR DEVASWOM OFFICE, GURUVAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED BY THE ADMINISTRATOR, PIN - 680101`** ``` 3 THE ADMINISTRATOR GURUVAYOOR DEVASWOM MANAGING COMMITTEE, GURUVAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680101 ``` - **`4 THE COMMISSIONER GURUVAYOOR DEVASWOM, GOVERNMENT SECRETARIATE,`** 2 W.P.(C)No.32413 of 2023 ## **`STATUE, THIRUVANANTHAPURAM, PIN - 695001`** ``` 5 THE DEPUTY DIRECTOR LOCAL FUND AUDIT, GURUVAYOOR DEVASWOM AUDIT, GURUVAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680101 ``` ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER ``` ``` SRI T.K.VIPINDAS - STANDING COUNSEL- GURUVAYUR DEVASWOM MANAGING COMMITTEE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.32413 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Gurvayoorappan of Guruvayur Sree Krishna Temple, which is under the management of the 2[nd] respondent Guruvayur Devaswom Management Committee, has filed this writ petition seeking a writ of mandamus commanding respondents 2 to 4 to secure the deposits of the money of Guruvayur Devaswom in Nationalised banks only; a writ of mandamus commanding the 5[th] respondent Deputy Director to conduct audit and place the same before this Court and publish the same in the official website of Guruvayur Devaswom; a writ of mandamus commanding respondents 2 to 4 to conduct survey of the land owned by the Guruvayur Devaswom and publish the list of properties in the official website of Guruvayur Devaswom; and a writ of mandamus commanding the 5[th] respondent Deputy Director to make inventory and audit of the valuables in possession of Guruvayur Devaswom and publish in the same in its official website. 2. On 04.10.2023, when this writ petition came up for consideration, this Court passed the following order; “In **Hindu Seva Kendram v. State of Kerala and others** **[2022 (3) KHC SN 8]** , a Division Bench of this Court held 4 W.P.(C)No.32413 of 2023 that the role assigned to Guruvayur Devaswom Managing Committee constituted under Section 3 of the Guruvayur Devaswom Act, 1978, is that of a trustee in management of the properties vested in the deity. The Managing Committee is legally bound to administer and manage Guruvayur Devaswom and its properties in accordance with the settled legal principles relating to the administration of Hindu Religious Trusts. The Managing Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 2. By the proceedings dated 10.07.2023, DBP No.61 of 2023 is registered _suo motu_ , based on a news item that appeared in Malayala Manorama daily, Thrissur edition on 27.05.2023 pointing out certain issues in the statutory audit of the accounts of Guruvayur Devaswom Managing Committee, by the Local Fund Audit Department. In the said DBP the Managing Committee has already filed an affidavit and the matter now stands posted to 09.10.2023 for the remarks of the Senior Deputy Director, Local Fund Audit, Guruvayur Devaswom Audit. 3. In this writ petition the petitioner, who is a devotee of Lord Guruvayoorappan is seeking a writ of mandamus commanding respondents 2 to 4 to secure the deposits of money of Guruvayur Devaswom only in Nationalised Banks. The petitioner has also sought for other reliefs in respect of the audit of accounts of Guruvayur Devaswom by the 5[th] respondent Deputy Director, Local Fund Audit. 4. The learned Standing Counsel for Guruvayur Devaswom Managing Committee, on instructions, would submit that almost 60% of the total deposits of Guruvayur Devaswom is 5 W.P.(C)No.32413 of 2023 in Nationalised Banks and the remaining deposits are in Scheduled Bank and other banks under the control of the Reserve Bank of India. In respect of two Keezhedam Temples, in the absence of a Nationalised Bank or Scheduled Bank in the vicinity, the Managing Committee is maintaining Savings Bank Account at Perakam Service Co-operative Bank and Erimayur Service Co-operative Bank. 5. The learned Standing Counsel would submit that an affidavit on behalf of the 2[nd] respondent, explaining the facts and circumstances, shall be placed on record within a week. 6. The learned Senior Government Pleader to get instructions from the 5[th] respondent Deputy Director. 7. In respect of audit in Guruvayur Devaswom this Court has already initiated a suo motu proceedings, which is numbered as DBP No.61 of 2023.” 3. Along with the memo dated 17.10.2023 filed by the learned Senior Government Pleader, Paras 5.1.13 and 5.1.14 of the audit report of Guruvayur Devaswom for the year 2019-20 is placed on record. 4. Respondents 2 and 3 have filed a counter affidavit dated 21.10.2023, opposing the reliefs sought for in this writ petition. In paragraph 5 of that counter affidavit, the respondents have furnished the details of the fixed deposits of Guruvayur Devaswom, as on 05.10.2023. 5. Along with I.A.No.2 of 2023, the petitioner has placed 6 ## W.P.(C)No.32413 of 2023 on record Exts.P4 to P16 as additional documents. Respondents 2 and 3 have filed a counter affidavit dated 04.11.2023 in that interlocutory application. 6. On 09.12.2023, the petitioner filed I.A.No.3 of 2023, seeking an order to amend the writ petition by incorporating additional statement of facts, grounds and reliefs. 7. As already noticed in the order dated 04.10.2023, almost 60% of the total deposits of Guruvayur Devaswom is in Nationalised Banks and the remaining deposits are in Scheduled Bank and other banks under the control of the Reserve Bank of India. In respect of two Keezhedam Temples, in the absence of a Nationalised Bank or Scheduled Bank in the vicinity, the Managing Committee is maintaining Savings Bank Account at Perakam Service Co-operative Bank and Erimayur Service Co-operative Bank. 8. Today, when this matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to the right of the petitioner to approach this Court again, in respect of the additional reliefs sought for, by way of amendment of the writ petition, by filing I.A.No.3 of 2023. 7 ## W.P.(C)No.32413 of 2023 Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; however, without prejudice to the aforesaid right of the petitioner. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** MIN 8 W.P.(C)No.32413 of 2023 ## **`APPENDIX OF WP(C) 32413/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 THE TRUE COPY OF THE APPLICATION SENT TO THE STATE PUBLIC INFORMATION OFFICER OF THE GURUVAYOOR DEVASWOM UNDER RIGHT TO INFORMATION ACT BY MR. M K HARIDAS ON 11- 11-2022 ``` - **`EXHIBIT P2 THE TRUE COPY OF THE LETTER NO. B99187/2022 OF THE STATE PUBLIC INFORMATION OFFICER OF THE GURUVAYOOR DEVASWOM ISSUED TO THE APPLICANT M. K. HARIDAS DATED 0812-2022`** - **`EXHIBIT P3 THE TRUE COPY OF THE ORDER IN APPEAL ISSUED BY THE DEPUTY ADMINISTRATOR (FINANCE) ACTING AS THE APPELLATE AUTHORITY UNDER THE RIGHT TO INFORMATION ACT TO M K HARIDAS DATED 11-01-2023`** - **`EXHIBIT P4 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MADHYAMAM DAILY DATED 03-09-2014`** ``` EXHIBIT P5 THE TRUE COPY OF THE PRESS RELEASE ISSUED BY THE ADMINISTRATOR ON BEHALF OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DATED 18-01-2021 ``` ``` EXHIBIT P6 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 28-09-2023 ``` - **`EXHIBIT P7 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALAM DAILY.IN NEWS PORTAL DATED 10-09-2023`** - **`EXHIBIT P8 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALAMDAILY.IN NEWS PORTAL DATED 1509-2023`** ``` EXHIBIT P9 ``` ``` THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN JANAM NEWS WEB DESK IN THEIR PORTAL ``` 9 W.P.(C)No.32413 of 2023 ## **`DATED 21-09-2022`** ``` EXHIBIT P10 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MANORAMA ONLINE NEWS PORTAL DATED 21- 07-2021 ``` ``` EXHIBIT P11 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN TIMES OF INDIA DATED 15-07-2021 ``` - **`EXHIBIT P12 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 31-05-2023`** - **`EXHIBIT P13 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 09-122022`** - **`EXHIBIT P14 THE TRUE COPY OF THE RELEVANT PAGE OF THE CALENDAR PUBLISHED BY GURUVAYOOR DEVASWOM FOR THE YEAR 2023`** ``` EXHIBIT P15 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 16-09-2023 ``` ``` EXHIBIT P16 THE TRUE COPY OF THE NEWS ITEM PUBLISHED IN MANGALAM DAILY DATED 16-10-2023 ``` - **`RESPONDENT EXHIBITS`** ``` EXHIBIT R2(A) TRUE COPY OF THE RESOLUTION 12 DATED 17.08.2023 ```