High Court of KeralaDivision Bench2024-03-25Disposed of with directions (DBP suo motu, list...

Examiner, Local Fund Accounts, Trivandrum (Auditor, Travancore Devaswom Board) and Examiner, Local Fund Accounts, Thrissur (Auditor, Cochin Devaswom Board) v. Secretary, Travancore Devaswom Board, Secretary, Cochin Devaswom Board and Chief Secretary to Government

Case / Petition Number:OP No.3821 of 1990

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Harisankar V. Menon
Judgment Date: 2024-03-25
Court Decision / Holding: The Original Petition is disposed of with directions. The Registry is directed to issue a DBP suo motu and list before the Devaswom Bench on 21.05.2024 to consider the matter of Travancore Devaswom Board and Cochin Devaswom Board, including the High Power Committee for implementation of the Sabarimala Master Plan, the appointment of a Special Commissioner for Sabarimla, and the Ombudsman. A copy of this order and the Justice Thulasidas Committee report shall form part of the DBP. Registry is also directed to digitize the entire records in O.P. No.3821 of 1990. The Court clarifies that the order relative to “appointment of President and Members of the Travancore Devaswom Board and Cochin Devaswom Board” stands corrected as a suo motu correction to read “appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board.”
Final Disposition: Disposed of with directions (DBP suo motu, listing on 21.05.2024; consideration of Thulasidas Committee report on 24.05.2024; digitization of records; correction to appointment terminology)

Parties to the Case

Appellants / Petitioners

Examiner, Local Fund Accounts, Trivandrum (Auditor, Travancore Devaswom Board)
Examiner, Local Fund Accounts, Thrissur (Auditor, Cochin Devaswom Board)

Respondents

Secretary, Travancore Devaswom Board, Trivandrum
Secretary, Cochin Devaswom Board, Thrissur
Chief Secretary to Government, Trivandrum

Legal Representation & Advocates

Counsels for Petitioners

• K. L. Narasimhan
• Mohan C. Menon
• S. V. Balakrishna Iyer (Sr.)
• E. K. Madhavan
• P. Vijayamma
• V. Krishna Menon

Counsels for Respondents

• Sri S. Rajmohan, Senior Government Pleader
• Sri G. Biju, Standing Counsel - Travancore Devaswom Board
• Sri K. P. Sudheer, Standing Counsel - Cochin Devaswomb Board

Case Synopsis & Summary

This is a suo motu original petition (OP No.3821 of 1990) before the Kerala High Court concerning alleged illegality, embezzlement and irregularities in the administration of temples under the Travancore Devaswom Board (TDB) and Cochin Devaswom Board (CDB). The petition, initiated on 11.04.1990, named as petitioners two examiners of local fund accounts (Thiruvananthapuram and Thrissur) acting as auditors for the TDB and CDB, with the Secretary of the TDB, the Secretary of the CDB and the Chief Secretary to Government as respondents. Over the years, numerous interlocutory orders and impleadments (R4–R37 and beyond) were recorded, addressing the constitution of a High Power Committee for the Sabarimala Master Plan, the appointment of a Special Commissioner for Sabarimla, an Ombudsman for the Devaswom Boards, and various Board appointments. In 2023–24, the Court noted pendency in SLPs (8254–55 of 2019) arising from a 2019 order relating to Devaswom Commissioner appointments and referenced a later decision (Radhakrishnan R.G. v. State of Kerala) which affected such appointments. The Court disposed of the petition by directing a fresh suo motu DBP proceedings for 21.05.2024 and a consideration of the Thulasidas Committee report on 24.05.2024, with an emphasis on digitizing records and clarifying the status of interlocutory applications. It also issued a correction to a line in the judgment regarding the board appointments.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that this original petition remains a vehicle to address long-standing irregularities in the administration of temples under the Travancore and Cochin Devaswom Boards. They highlight that the Thulasidas Committee report has not been considered and reference the pendency of related Supreme Court SLPs. They seek continued court oversight, meaningful reforms (including Ombudsman and Devaswom Commissioner appointments) and consideration of the Justice Thulasidas Committee report to effectuate reform and accountability. They urge timely action and orderly progression of the measures already contemplated by this Court.

Contentions of Respondents

The respondents note that most interlocutory applications have been disposed of, even if CMS marks them as pending, and that orders already passed should be implemented. They point to the Supreme Court’s disposal of the linked SLPs with liberty to raise contentions in this Court and to past orders regarding Ombudsman, Devaswom Commissioner, and Master Plan. They advocate disposing of the petition with directions consistent with ongoing proceedings and to produce a complete set of files for the Devaswom Bench’s further orders.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Radhakrishnan R.G. v. State of Kerala and others	2024 (3) KHC SN 9 : 2024 KER 11706	Mentioned Only	Cited in the judgment to note that the order appointing the Devaswom Commissioner was set aside in a related case, and that such an order has independent relevance but is not treated as controlling authority in the present petition.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Examiner, Local Fund Accounts, Trivandrum (Auditor, Travancore Devaswom Board) and Examiner, Local Fund Accounts, Thrissur (Auditor, Cochin Devaswom Board) v. Secretary, Travancore Devaswom Board, Secretary, Cochin Devaswom Board and Chief Secretary to Government and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN** **&** **THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON** **MONDAY, THE 25[TH] DAY OF MARCH 2024 / 5TH CHAITHRA, 1946** **OP NO. 3821 OF 1990** ## **PETITIONERS:** - **1 EXAMINER, LOCAL FUND ACCOUNTS, TRIVANDRUM (AUDITOR, TRAVANCORE DEVASWOM BOARD).** - **2 EXAMINER, LOCAL FUND ACCOUNTS, TRICHUR, (AUDITOR, COCHIN DEVASWOM BOARD). BY ADVS.K.L.NARASIMHAN MOHAN C.MENON S.V.BALAKRISHNA IYER (SR.) E.K.MADHAVAN P.VIJAYAMMA V.KRISHNA MENON** ## **RESPONDENTS:** - **1 SECRETARY, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM** - **2 SECRETARY, COCHIN DEVASWOM BOARD, TRICHUR. 3 CHIEF SECRETARY TO GOVERNMENT, TRIVANDRUM.** - ***ADDL.R4 SRI. V. SANKARA MENON, ADVOCATE, HIGH COURT OF KERALA, RESIDING AT LAYAM ROAD, ERNAKULAM, COCHIN.** - ***ADDL.R5 SRI. PALLATH KOCHU PAPPU ACHAN, ADVOCATE, HIGH COURT OF KERALA, RESIDING AT CHITTOOR ROAD, ERNAKULAM, COCHIN.** - ***ADDL.R6 SRI. V.V. SUBRAMANIA IYER ,RT. DISTRICT JUDGE, CLUB ROAD, ERNAKULAM, COCHIN-11** - ***ADDL.R7 SRI. A.K. SESHADHRI,** **ADVOCATE, PRESIDENT, KERALA BRAMANA SABHA, RESIDING AT CHITTOOR ROAD, COCHIN-11.** 2 O.P.No.3821 of 1990 - ***ADDL.R8 SRI. P. VEERARAGHAVAN** **PROPRIETOR, GURU AGENCIES, ERNAKULAM, GENERAL SECRETARY, KERALA BRAMANA SABHA, RESIDING AT RAJAJI ROAD,ERNAKULAM, COCHIN-11.** - ***ADDL.R9 T.V. RAMASWAMY** **AGED 54, RESIDING AT LAYAM ROAD, COCHIN-11.** - ***ADDL.R10 SHRI. K.N. SURYA NARAYANAN, PROPRIETOR, SURYA VIMAL, M.G. ROAD, ERNAKULAM.** - ***ADDL.R11 K. KRISHNA MENON,** **KRISHNA VILLAS, MANIKKAT ROAD, ERNAKULAM, COCHIN -11** ***ADDL. R4 TO R11 ARE IMPLEADED AS PER ORDER DATED 2.11.90 IN CMP. 17436/90** - ***ADDL.R12 THURAVOOR MAHASHEKTHRA BHAKTHAJANA SAMATHY, REPRESENTED BY ITS PRESIDENT, T.G. PADMANABHAN NAIR,** ***ADDL. R12 IMPLEADED AS PER ORDER DATED 2.11.90 IN CMP 17448/90.** - ***ADDL.R13 TRAVANCORE DEVASWOM BOARD STAFF FEDERATION, REPRESENTED BY ITS GENERAL SECRETARY, G. JAYAKUMAR, ASSISTANT ACCOUNT OFFICER, TRAVANCORE DEVASWOM BOARD, THIRUVANANATHAPURAM.** - ***ADDL.R14 K. SASIDHARAN NAIR,** **JUNIOR SUPERINTENDENT, DEVASWOM COMMISSIONER'S OFFICE, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM** - ***ADDL. R13 TO R14 ARE IMPLEADED AS PER ORDER DATED 2.11.90 IN CMP 17505/90.** - ***ADDL.R15 M.P. GOPALAKRISHNAN,** **PRESINDENT, KERALA KSHETHRA SAMRAKSHANA SAMITHI, REGD. NO. 142/77, KENDRA KARYALAYA, PUTHIYARA, KOZHIKODE.** - ***ADDL.R16 K.P. GOPAKUMAR,** **KERALA KSHETHRA SAMRAKSHANA SAMITHI, DISTRICT VICE PRESIDENT, KOTTARATHIL, VAIKOM.** - ***ADDL.R17 G. SHYAMALA SREEDHARA PRABHU,** - **W/O. R. SREEDHARA PRABHU, 8/320, R.G. PAI ROAD, MATTANCHERY, KOCHI.** - ***ADDL.R18 M. KESAVAN NAIR,** **37/1351 SREE RAM, JAWAHAR NAGAR, COCHIN-20** - ***ADDL.R19 A.N. RADHAKRISHNAN,** **EANELIL HOUSE, CHERANELLOR P.O., COCHIN 34.** - ***ADDL.R20 T.M. NARAYANAN, GENRAL SECRETARY, VISHWA HINDU PARISHAD,** 3 O.P.No.3821 of 1990 **KERALA STATE, KALOOR, COCHIN 17.** - ***ADDL.R21 V.M. KORATH,** **MADHAV NIVAS, ELAMAKKARA, COCHIN 682 026.** ***ADDL. R15 TO R21 ARE IMPLEADED AS PER ORDERS DATED 30.11.90 IN CMPS. 19293/90, 19294/90, 19295/90, 19296/90, 19297/90, 19298/90 AND 19299/90 RESPECTIVELY.** - ***ADDL.R22 PRESIDENT,** **THIRUVAMPADI DEVASWOM, TRICHUR BY V. MADHAVAN NAIR.** - ***ADDL.R23 SECRETARY, THIRUVAMPADI DEVASWOM, TRICHUR BY PROF: M. MAHDAVANKUTTY.** ***ADDL. R22 AND R23 ARE IMPLEADED AS PER ORDER DATED 10.12.90 IN CMP. 19706/90.** - ***ADDL.R24 PRESIDENT,** **PAREMEKAVU DEVASWOM, TRICHUR BY A. SHANKARANKUTTY KURUPPAL.** - ***ADDL.R25 SECRETARY, PAREMEKAVU DEVASWOM, TRICHUR BY T.C. BALACHANDRAN.** - ***ADDL. R24 AND R25 ARE IMPLEADED AS PER ORDER DATED 10.12.90 IN C.M.P 19707/90.** - ***ADDL.R26 SHREE VIDHYADHI RAJA SABHA, CHETTIKULANGARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT, R. KUMARAN NAIR.** - ***ADDL.R27 TRAVANCORE DEVASWOM EMPLOYEE UNION, REG. NO. 385/82, REPRESENTED BY ITS GENERAL SECRETARY, K.C. VAMADEVAN, TRIVANDRUM.** ***ADDL. R26 AND R27 ARE IMPLEADED AS PER ORDERS DATED 10.12.90 IN CMP 19737/90 AND 19774/90 RESPECTIVELY.** - ***ADDL.R28 T.V. NARAYANA PILLAI, S/O. VELUPILLAI, GENERAL SECRETARY OF SUB GROUP OFFICERS ASSOCIATION, TRAVANCORE DEVASWOM BOARD, TVM.** ***ADDL. R28 IS IMPLEADED AS PER ORDER DATED 17.12.90 IN CMP 19920/90.** ****SWAMY SATHYANANDA SARASWATHY, SREE RAMA DASA MISSION, CHENKOTTUKONAM, TRIVANDRUM IS PERMITTED TO PARTICIPATE IN THE PROCEEDINGS AND TO MAKE SUBMISSION VIDE ORDER DATED 17.12.90 IN C.M.P. 20261/90.** - ***ADDL.R29 ERUMELI MAHA VISHNU KSHETROPADESAKA SAMITHI, ERUMALIKARA, KUMARAPURAM P.O, 683565.** ## ***ADDL.R30 DIVISIONAL ENGINEER,** 4 O.P.No.3821 of 1990 ## **TELECOM, ALUVA-683 101.** - ***ADDL.R31 ADDL. DIST. MAGISTRATE, COLLECTORATE, ERNAKULAM.** ***(ADDL. R29 TO 31 ARE IMPLEADED AS PER ORDER DATED 31.7.1997 IN C.M.P. NO. 19611/97.** ***ADDL.R32 O.S. RAMANKUTTY NAIR, S/O. SANKUNNI NAIR, OTTULLIL HOUSE, ERUMALIKKARA IS IMPLEADED AS PER ORDER DATED 28.10.97 IN CMP. NO. 32303/97.** ***ADDL.R33 AYYANKALI MEMORIAL TRUST, REG. NO. IV 749/92, TRIPUNITHURA, REPRESENTED BY ITS SECRETARY IS IMPLEADED AS PER ORDER DATED 3.2.99 IN C.M.P 20385/98 IN OP 3821/90.** - ***ADDL.R34 VISHNU EMBRANDIRI,** **S/O. KRISHNA EMBRANDIRI, PUTHAN MADHAM P.O, CHOTTANIKKARA, KANAYANNUR TALUK, ERNAKULAM DT.** - ***ADDL.R35 SANKARA NARAYANAN EMBRANDIRI,** **S/O. SUBBARAYAN EMBRANDIRI, "BHADRA NIVAS", P.O. CHOTTANIKKARA, KANAYANNUR TALUK, ERNAKULAM.** ***ADDL.R36 KRISHNAN EMBANDIRI, S/O. SUBBARAYAN EMBRANDIRI, POORNASREE MADHOM (NADUVILEDATH LANE), P.O. THRIPUNITHURA, ERNAKULAM DISTRICT.** ***ADDL.R37 ALL KERALA KARNATAKA BRAHMANA SANGHAM, (REG. NO. 19/82), P.O. CHOTTANIKKARA, REPRESENTED BY ITS PRESENT PRESIDENT, N.S. GOPALAN. ADDL. R34 TO ADDL. R37 ARE IMPLEADED AS PER ORDER DATED 10.02.98 IN C.M.P. 19266/98 IN OP. 3821/90.** **BY ADVS. SRI.S.RAJMOHAN, SC, TDB U.K.RAMAKRISHNAN (SR.)** **V.K.GEORGE GOVIND K.BHARATHAN (SR.) (R15 TO R21) JOSE K.KOCHUPAPPU & T. M. CHANDRAN (R22 TO R25) K.JAJU BABU (SR.)** **K.R.KURUP (R27) R.D.SHENOY (SR.) GEORGE C.P.THARAKAN (SR. C.G.S.C)** **C.P.SUDHAKARA PRASAD (SR.)** **P.G.PARAMESWARA PANICKER, P. GOPAL** **T. THANKAPPAN (R33)** **N. SUBRAMANEAN (R34 TO R37)** ## **B. GOPAKUMAR (R29 TO R31)** 5 O.P.No.3821 of 1990 ## **T.P. KELU NAMBIAR (SR. AMICUS CURIAE)** **P. PARAMESWARAN NAIR P.N.SANTHOSH ADVOCATE GENERAL M.RAMESH CHANDER (SR.) M.VIJAYAKUMAR B.GOPAKUMAR S.GOPAKUMARAN NAIR (SR.) ASOK M.CHERIAN G.SUDHEER V.JAYAKUMAR R.NARENDRAN NAIR K.T.SHYAMKUMAR D.AJITHKUMAR C.UNNIKRISHNAN (KOLLAM) P.RAVINDRAN (SR.) ANIL SIVARAMAN D.SOMASUNDARAM P.N.RAMAKRISHNAN NAIR P.VISWANATHAN (SR.) K.P.SREEKUMAR S.KRISHNAMOORTHY V.CHITAMBARESH (SR.) P.HARIDAS T.C.SURESH MENON JIBU P THOMAS P.S.APPU D.SREEKUMAR GOVERNMENT PLEADER K.SASIKUMAR P.GOPAL** **V.N.ACHUTHA KURUP (SR.) (R13 TO R14) M.U.VIJAYALAKSHMI** **R.D. SHENOI & SUSHEELA R. BHATT (R28)** **SRI.P.S.SREEDHARAN PILLAI, SCGSC SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD K.S.SUMEESH** 6 O.P.No.3821 of 1990 ## **OTHER PRESENT:** **SRI S.RAJMOHAN - SR GOVERNMENT PLEADER** **SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD** **SRI K.P. SUDHEER - STANDING COUNSEL- COCHIN DEVASWOM BOARD** **THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON** **25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 7 O.P.No.3821 of 1990 ## **JUDGMENT** Anil K. Narendran, J. This Original Petition is one registered _suo motu_ vide order dated 11.04.1990, in the matter of Travancore Devaswom Board and Cochin Devaswom Board, on the illegalities, embezzlements and irregularities in the administration noticed during consideration of audit reports. The Examiner, Local Fund Accounts, Thiruvananthapuram (Auditor, Travancore Devaswom Board) and the Examiner, Local Fund Accounts, Thrissur (Auditor, Cochin Devaswom Board) were made as the petitioners and the Secretary, Travancore Devaswom Board, the Secretary, Cochin Devaswom Board and the Chief Secretary to Government were made as the respondents in this original petition. By the orders in various interlocutory applications, additional respondents 4 to 37 were impleaded. In this original petition, various orders were issued by this Court in respect of temples under the management of the Travancore Devaswom Board and Cochin Devaswom Board. Orders have been passed regarding the constitution of High Power 8 O.P.No.3821 of 1990 Committee for implementation of Sabarimala Master Plan, appointment of a District Judge as Special Commissioner, Sabarimala, appointment of an Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board. Orders have also been passed in the matter of appointment of the President and Members of the Travancore Devaswom Board and Cochin Devaswom Board and also in the matter of appointment of Devaswom Commissioners. 2. On 29.05.2005, when this original petition came up for consideration, it was noticed that the report submitted by Justice Thulasidas Committee has not been considered. The Division Bench in the order dated 29.07.2005 opined that this original petition should be kept pending in order to see whether any modification is necessary on the basis of the report submitted by Justice Thulasidas Committee. 3. Thereafter, various orders have been passed in this original petition in the matter of appointment of the learned Ombudsman, Devaswom Commissioner, etc. On 24.05.2023, when this original petition came up for 9 O.P.No.3821 of 1990 consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board pointed out the pendency of SLP(C)Nos.8254-55 of 2019 in the matter of appointment of Devaswom Commissioner, Travancore Devaswom Board, arising out of the order of this Court dated 14.03.2019 in R.P.No.243 of 2019 in DBP No.11 of 2017. Those Special Leave Petitions were disposed of by the Apex Court on 08.12.2023, without expressing anything on the merits of the case, giving liberty to the State, the Travancore Devaswom Board and also the person who filed application for intervention to raise all the contentions before this Court. Thereafter, by proceedings dated 12.12.2023 one C.N.Raman was appointed as Devaswom Commissioner. That order of appointment was set aside by this Court in **Radhakrishnan R.G. v. State of Kerala and others [2024 (3) KHC SN 9 : 2024 KER 11706]** as a consequence of the writ of quo warranto issued in that writ petition. 4. Today, when this matter is taken up for consideration, the learned Senior Government Pleader for 10 O.P.No.3821 of 1990 the State and the official respondents, the learned Standing Counsel for Travancore Devaswom Board and the learned Standing Counsel for Cochin Devaswom Board would point out that in almost all interlocutory applications filed in this original petition, orders have already been passed, though the status of those interlocutory applications is shown as pending in the Case Management System (CMS). 5. Having considered the submissions made at the Bar, we deem it appropriate to dispose of this original petition, taking note of the orders already passed on the interlocutory applications and by directing Registry to register a DBP _suo motu_ and list before the Devaswom Bench on **21.05.2024** with the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, the Travancore Devaswom Board, represented by its Secretary, the Cochin Devaswom Board, represented by its Secretary, the Deputy Director, State Audit Department, Travancore Devaswom Board Audit, the Deputy Director, State Audit Department, Cochin Devaswom Board Audit, the High Power Committee for Implementation 11 O.P.No.3821 of 1990 of Sabarimala Master Plan, represented by its Member Secretary as respondents in the party array for the purpose of issuing further orders “in the matter of Travancore Devaswom Board and Cochin Devaswom Board, regarding the constitution of High Power Committee for implementation of Sabarimala Master Plan, appointment of Special Commissioner, Sabarimala, appointment of Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to the appointment of President and Members of the Travancore Devaswom Board and Cochin Devaswom Board and also appointment of Devaswom Commissioners”. A copy of this order shall form part of that DBP. 6. As noticed in the order dated 29.07.2005, the report submitted by Justice Thulasidas Committee has not been considered in this proceedings. In such circumstances, Registry to register another DBP and list before the Devaswom Bench on **24.05.2024** for considering the report submitted by Justice Thulasidas Committee. A copy of this order and the report of Justice Thulasidas Committee shall 12 O.P.No.3821 of 1990 form part of that DBP. 7. A complete set of both DBPs with cause title shall be furnished to the learned Senior Government Pleader and the respective Standing Counsel for Travancore Devaswom Board and Cochin Devaswom Board. Registry to digitize the entire records in O.P.No.3821 of 1990, giving priority. **Sd/ANIL K. NARENDRAN JUDGE** **Sd/HARISANKAR V. MENON JUDGE** uu The words “appointment of President and Members of the Travancore Devaswom Board and Cochin Devaswom Board” (occurring in fourth to last line and third to last line in underlined portion in paragraph 5 at page 11) of the judgment dated 25.03.2024 in O.P.No.3821 of 1990 is suo motu corrected as “appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board”. Sd/Joint Registrar OP(R&S)