In the Matter of Travancore Devaswom Board – Suo Motu

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` THURSDAY, THE 8[TH] DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 ``` ``` DBP NO.50 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SUO MOTU ``` ``` PROCEEDINGS INITIATED - INACTION ON THE PART OF TRAVANCORE DEVASWOM BOARD IN TAKING ACTION ON THE ENQUIRY REPORTS SUBMITTED BY THE CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) IN RELATION TO VARIOUS DEVASWOMS ``` ## **`PETITIONER/S:`** ``` SUO MOTU ``` ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM-695001`** - **`2 THE JOINT DIRECTOR KERALA STATE AUDIT DEPARTMENT TRAVANCORE DEVASWOM AUDIT NANTHANCODE, THIRUVANANTHAPURAM - 695003`** - **`3 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHENCODE, KOWDIAR POST, THIRUVANANTHAPURAM PIN-695 003`** - **`4 DEVASWOM COMMISSIONER, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695003`** - **`5 THE CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE- VIGILANCE), TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM- 695003`** ``` BY ADV SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD ``` DBP No.50 of 2022 2 ## **`OTHER PRESENT:`** ## **`SRI.G BIJU, SC FOR TRAVANCORE DEVASWOM`** ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` DBP No.50 of 2022 3 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ by proceedings dated 26.08.2022 based on a complaint dated 17.07.2022 received from the State General Secretary of Travancore Devaswom Pensioners’ Federation alleging inaction on the part of Travancore Devaswom Board in taking action on the enquiry reports by the Chief Vigilance and Security Officer in relation to various Devaswoms. In the complaint, it is alleged that there is inaction on the part of the Board in taking action on the enquiry reports of the Chief Vigilance and Security Officer and that no action has been taken on audit reports and also enquiry reports of the Devaswom Commissioner from the year 2015 onwards. 2. On 29.08.2022, when this DBP came up for consideration, the learned Senior Government Pleader sought time to get instructions from the 2[nd] respondent and the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions from respondents 3 to 5. By the order dated 29.08.2022, notice was issued to the complainant by speed post, returnable by 19.09.2022. 3. The 3[rd] respondent has filed a counter affidavit dated 08.11.2022, producing therewith Annexure R3(a), action taken on DBP No.50 of 2022 4 ## the vigilance reports and audit reports submitted by the Devaswom Commissioner. Paragraphs 2 to 8 of that affidavit read thus; “2. It is submitted that the allegations contained in the complaint are totally baseless and without having any nexus with the actual facts. The petitioner has made some general allegations that the Board has not taken any actions on the Vigilance reports and the audit reports. According to the stipulations contained in the Devaswom Manual, Vigilance reports are to be submitted before the President of Travancore Devaswom Board and the Audit reports are to be submitted before the Devaswom Commissioner. 3. It is submitted that the reports received by the President will be forwarded to the Devaswom Commissioner to take further action. Based on the seriousness of the findings on the report preliminary notice will be given to the concerned employees. After hearing the explanation, if it is not satisfactory, a memo of charges and statement of allegations will be served. If charges are denied enquiry officer will be appointed for conducting domestic enquiry. After getting the report punishment will be proposed with notice. Thereafter adequate punishment will be imposed on the delinquent employees. 4. At present 5 enquiry officers are assigned for the domestic enquiry. There is no deliberate delay in this regard other than the inherent delay in completing the procedures. Apart from these the Deputy Devaswom Commissioners are also given files for domestic enquiries. 5. As regards the allegation of the delay in action on the audit reports, it is submitted that the office of the Devaswom Commissioner is taking effective action to recover the DBP No.50 of 2022 5 liabilities found in the audit report. In this regard periodic reviews are being conducted and suitable measures are being taken to get the amounts due to the Travancore Devaswom Board. Allegations to the contrary are baseless and denied. 6. It is submitted that some specific allegations are raised in the complaint, which are also incorrect and hence denied. There is an enquiry pending against Sri. Rajendra Prasad, the Deputy Commissioner, Audit and Private Secretary to a member of the Board. The proceedings are being conducted by Adv.A.Jayakumar and it is still continuing. Sri. Vasudevan Potti is also a party in these proceedings. 7. It is humbly submitted that the allegation of inaction regarding the incident of theft of rudraksha mala in Ettumanoor Devaswom is also not correct. The Assistant Commissioner lodged a complaint and a criminal case has been registered against Sri.Sathyesh the former Melshanthi in connection with the allegation of theft in Etumanoor temple. Departmental enquiry is being conducted against the responsible officers for not taking timely action. 8. The Devaswom Commissioner has submitted a report regarding the action taken on the Vigilance reports and the Audit reports from 2015 onwards. A true copy of the action taken report on the Vigilance Reports and Audit Reports submitted by the Devaswom Commissioner is produced herewith and marked as Annexure R3(a).” 4. The notice issued to the complainant in complaint dated 17.07.2022 returned with an endorsement ‘no such TC in Sabhapati Road’. 5. Heard the learned Senior Government Pleader for DBP No.50 of 2022 6 respondents 1 and 2 and the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 5. 6. 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. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. 7. 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 religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with DBP No.50 of 2022 7 supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 8. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. 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. 10. In **A.A. Gopalakrishnan v. Cochin Devaswom Board** DBP No.50 of 2022 8 **[(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 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. 11. 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 DBP No.50 of 2022 9 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. 12. In **Rajani P. Kuttan and another v. State of Kerala and others [2021 (6) KHC 513]** a Division Bench of this Court noticed that among the 1250 Temples managed by the Travancore Devaswom Board, only 60 major Temples are self-sufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offering by the devotees, the amount received from vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the Temples. Paragraph 59 of the said decision reads thus: The Financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit DBP No.50 of 2022 10 dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 major - temples are self sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners. (underline supplied) 13. The Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Devaswoms under its management are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The DBP No.50 of 2022 11 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. Since 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. The Board, being a trustee in management of the properties of the deity, has a statutory duty to protect the said property from wrongful claims or misappropriation. Once such wrongful claims or misappropriation are brought to its notice in the enquiry conducted by its Vigilance Wing, the Board has a statutory duty to take action, in accordance with law, based on the findings in those reports. 14. The Special Commissioner, Sabarimala filed SSCR No.22 of 2022 producing therewith the periodical status report submitted by the Chief Vigilance and Security Officer, Travancore Devaswom Board, along with covering letter CT:209/22/TDB/VIG dated 18.10.2022 on the petitions received at the Vigilance Unit and also _suo motu_ initiations. The said report was one filed in terms of the directions contained in clause (v) of paragraph 33 of the order of this Court dated 14.02.2022 in DBP No.2 of 2022, whereby the Chief DBP No.50 of 2022 12 Vigilance and Security Officer in the Vigilance Wing of the Travancore Devaswom Board was directed to submit periodical status reports of the cases, once in six months, to the Special Commissioner, Sabarimala. Such status reports of the Chief Vigilance and Security Officer were directed to be placed before the Devaswom Bench, along with the report of the Special Commissioner, Sabarimala. 15. By the order dated 06.06.2023, having perused the periodical status report of the Chief Vigilance and Security Officer, Travancore Devaswom Board and the action taken report of the Travancore Devaswom Board, this Court disposed of SSCR No.22 of 2022, by directing Registry to place the said periodical status report and the action taken report before the learned Ombudsman for enquiry and report. In the report, the learned Ombudsman was directed to point out the matters in which directions of this Court are necessary and also matters which can be closed based on the action already taken by the Board, as stated in the action taken report. The report of the learned Ombudsman was directed to be listed before the Devaswom Bench as DBP, immediately after the receipt of the same, for necessary orders. 16. The Special Commissioner, Sabarimala filed SSCR No.22 of 2022 producing therewith the periodical status report submitted DBP No.50 of 2022 13 by the Chief Vigilance Officer, Travancore Devaswom Board, relating to 194 instances of the vigilance inspections conducted in petition matters, surprise checks and other enquiries conducted by the vigilance wing of the Board regarding malpractices, misconduct, unauthorised absence of temple officials and staff, etc., committed by employees of the Board and Temple Advisory Committee in various temples. 17. By the order dated 13.06.2023, this Court disposed of SSCR No.12 of 2023 by directing the Registry to place the periodical report before the learned Ombudsman for enquiry and report. The learned Ombudsman was directed to permit the Travancore Devaswom Board and also the Deputy Director, Local Fund Audit to submit their remarks. In the report, the learned Ombudsman was directed to point out the matters in which directions of this Court are necessary and also matters which can be closed based on the action already taken by the Board. The report of the learned Ombudsman was directed to be listed before the Devaswom Bench as DBP, immediately after the receipt of the same, for necessary orders. In view of the order dated 06.06.2023 in SSCR No.22 of 2022 and order dated 13.06.2023 in SSCR No.12 of 2023, this DBP is disposed of by directing the Registry to place Annexure R3(a) action DBP No.50 of 2022 14 taken report submitted by the Devaswom Commissioner on the vigilance report and audited reports for the period from 2015 to 2021 in respect of various Devaswoms under Chengannur, Ambalappuzha, Vaikom, Neyyattinkara, Aranmula, Thiruvananthapuram and Ettumanoor Groups and also the remarks dated 16.11.2022 made by the Senior Deputy Director of Kerala State audit Department, Travancore Devaswom Board Audit before the learned Ombudsman for enquiry and report with notice to the Travancore Devaswom Board and also the Joint Director/Senior Deputy Director of the State Audit Department. In the report, the learned Ombudsman shall point out the matters in which directions of this Court are necessary and also the matters which can be closed based on the action already taken by the Board. The report of the learned Ombudsman shall be listed before the Devaswom Bench as DBP immediately after the receipt of the same for necessary orders. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** ww DBP No.50 of 2022 15 ## APPENDIX ANNEXURE R3(a): TRUE COPY OF THE ACTION TAKEN REPORT ON THE VIGILANCE REPORTS AND AUDIT REPORTS SUBMITTED BY THE DEVASWOM COMMISSIONER.