Rengith B.G. v Travancore Devaswom Board

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 WP(C) NO. 20409 OF 2021 ``` ## **`PETITIONER:`** ``` RENGITH B.G., AGED 38 YEARS, S/O. K.R BHUVANENDRAN, TC 16/1061, K.R BHAVAN, K.R NAGAR, JAGATHY, THYCAUD P.O, THIRUVANANTHAPURAM 695 014 (NOW WORKING AS WATCHER, THACHOTTUKAVU DEVASWOM, NEYYATTINKARA GROUP) ``` ``` BY ADVS.D.AJITHKUMAR HARSHA S. NAIR T.MANASY ``` ## **`RESPONDENTS:`** - **`1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, NATHANCODE P.O, THIRUVANANTHAPURAM 695 003`** - **`2 SECRETARY TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O, THIRUVANANTHAPURAM 695 003`** - **`3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O, THIRUVANANTHAPURAM 695 003`** - **`*ADDL.R4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM 695001`** - **`*ADDL.R5 THE SENIOR DEPUTY DIRECTOR LOCAL FUND AUDIT, TRAVANCORE DEVASWOM AUDIT, NATHANCODE, THIRUVANANTHAPURAM-695003(ADDL.R4 &R5 ARE SUO MOTU IMPLEADED VIDE ORDER DATED 09-10-2023`** 2 W.P.(C)No.20409 of 2021 & con.cases ``` IN W.P.(C) 20409/21). ``` ``` *ADDL.R6 THE CHIEF ENGINEER, MARAMATH WING, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003. ADDL R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 10-10-2023 IN WP(C)20409/2021. ``` ``` BY ADVS.SRI.C.K.PAVITHRAN, SC, TDB SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER SRI.N.RAGHURAJ, AMICUS CURIAE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH SSCR.8/2023 AND ``` ``` CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.20409 of 2021 & con.cases ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 SSCR NO. 8 OF 2023 ``` ## **`(TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL`** ``` COMMISSIONER REPORT - SM NO. 8/2023 – REPORT SUBMITTED BY THE SPEICAL COMMISSIONER SABARIMALA AS DIRECTED BY THE ``` ``` HON’BLE HIGH COURT OF KERALA VIDE ORDERS IN SSCR NO. 5 OF 2023 DATED 10-02-2023 REGARDING THE BHANDRAM OF SABARIMALA SREE DHARMA SASTHA TEMPLE – SUO MOTU PROCEEDINGS INITIATED - REG.) ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.`** - **`2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.`** - **`3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695005.`** - **`4 THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695003.`** - **`5 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE), TRAVANCORE DEVASWOM HEAD`** 4 W.P.(C)No.20409 of 2021 & con.cases ``` QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003. ``` - **`*ADDL.R6 THE DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 033 *IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 26/07/2023 IN SSCR 8/2023`** ``` *ADDL.R7 THE CHIEF ENGINEER, MARAMATH WING, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM PIN - 695 003 *IS IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER DATED 10.10.2023 IN SSCR 8/2023 ``` ``` R BY SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.BIJU -STANDING COUNSEL, TDB, SRI N.RAGHURAJ - AMICUS CURIAE FOR SPECIAL COMMISSIONER, SABARIMALA ``` ## **`THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING`** ``` COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH SSCR.20/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C)No.20409 of 2021 & con.cases ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 SSCR NO. 20 OF 2023 ``` ``` TRAVANCORE DEVASWOM BOARD – SM REPORT NO.20/23 – REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE FLOODING OF THE UNDERGROUND TUNNEL CONNECTING THE OLD BHANDARAM WITH THE NEW BHANDARAM AT SABARIMALA SREE DHARMA SASTHA TEMPLE – SUO MOTU PROCEEDINGS INITIATED – REG. ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001`** - **`2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003`** - **`3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003`** - **`4 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003`** - **`5 CHIEF ENGINEER MARAMATH WING, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM -`** 6 W.P.(C)No.20409 of 2021 & con.cases ``` 695003 ``` - **`6 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003`** - **`7 ASSISTANT ENGINEER (ELECTRICAL) SABARIMALA DEVELOPMENT PROJECT, KUMBAZHA ROAD, PATHANAMTHITTA, SABARIMALA SANNIDHANAM, SABARIMALA, PIN - 689 645`** - **`*ADDL.R8 THE DEPUTY DIRECTOR`** ``` KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 033 *IS SUO MOTU IMPLEADED AS ADDITIONAL 8TH RESPONDENT VIDE ORDER DATED 26/07/2023 IN SSCR 20/2023 ``` ``` BY ADVS.SHRI.S.RAJMOHAN, SENIOR G.P. SRI.G.BIJU,SC, TRAVANCORE DEVASWOM BOARD SRI.N.RAGHURAJ, AMICUS CURIAE FOR SPECIAL COMMISSIONER, SABARIMALA ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 25.01.2024, ALONG WITH SSCR.8/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 7 W.P.(C)No.20409 of 2021 & con.cases ## **JUDGMENT/ORDER** Anil K. Narendran, J. The issue involved in these matters relates to the counting of currency notes and coins in the Bhandaram of Sabarimala Devaswom. 2. W.P.(C)No.20409 of 2021 is one filed by a Devaswom employee working as Watcher of Thachottukavu Devaswom, Neyyattinkara Group, who was on special duty during Sabarimala Mandala-Makaravilakku festival season of 1193 ME (2017-18). Ext.P1 is the complaint dated 15.12.2020 filed by Travancore Devaswom Board Employees’ Federation before the Kerala State Human Rights Commission pointing out the human rights violations in connection with the collection of Kanikka in the Bhandaram of Sabarimala Devaswom. In that complaint, the Secretary of the Travancore Devaswom Board filed Ext.P2 report. The Human Rights Commission issued Ext.P3 order dated 23.12.2020, whereby the Board was directed to take scientific methods for body examination of the employees. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Travancore Devaswom Board to implement Ext.P3 order dated 23.12.2020 of the Kerala State Human Rights Commission. The petitioner has also sought for 8 W.P.(C)No.20409 of 2021 & con.cases a writ of mandamus commanding the 1[st] respondent Board to implement scientific methods for the body examination of employees involved in the counting of offerings received in the Sabarimala Ayyappa temple. 2.1. On 28.09.2021, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to file counter affidavit. In the said order this Court noticed that in Ext.P2 report filed by the 2[nd] respondent Secretary of Travancore Devaswom Board before the State Human Rights Commission, it is stated that cases have been registered against a handful number of Devaswom employees in connection with certain incidents occurred while they were deployed for the purpose of counting currency notes, coins, jewellery, etc., at Sabarimala. The misconduct by such employees has brought the honest employees of Travancore Devaswom Board into disrepute among public. By the said order, the 2[nd] respondent was directed to file counter affidavit stating the action already taken or the proceedings initiated against such employees. 2.2. The 1[st] respondent has filed a counter affidavit dated 25.10.2021. Paragraphs 3 to 6 of the said counter affidavit read thus; “3. The allegation in the petition that employees engaged for counting kaanika were not permitted to use 9 W.P.(C)No.20409 of 2021 & con.cases undergarments and higher officials were examining even their private parts of the body before engaging them for counting work, is absolutely wrong. It is true that body examination of the employees is being conducted before and after they are engaged for counting the offerings. During festival season more than 300 employees and senior officers are usually engaged for counting. The offerings of devotees include currency note, coins, foreign currency and jewels. The Devaswom employees who were engaged in counting were under strict security. In spite of the security arrangements there are incidents of theft by the employees engaged in counting. 4. This Hon'ble Court by order dated 28.09.2021 directed me to file counter affidavit explaining the cases in which theft and misconduct were committed by the employees, and actions taken thereon. Details regarding disciplinary action initiated against the employees who committed theft while on duty at Sabarimala is noted below: 1) Sri. TN Pradeep, Nadaswaram artist, Brahmamangalam Devaswom was deputed to Sabarimala during makaravilaku festival in ME 1178. While counting the offerings he attempted to take Rs. 1000, Rs. 100 and Rs. 10 notes each, hiding it in his armpit. He was caught red handed. Disciplinary action was initiated against him, which was ultimately finalised barring three increments with cumulative effect (vide ROC No: 20296/02/Mis-A dated 05.10.2013). 2) During makaravilaku festival in ME 1183 R Vinod, a Nadaswaram artist from Kottayam group was engaged on deputation for counting kaanika. While 10 W.P.(C)No.20409 of 2021 & con.cases he was leaving the counting premises a 1000 rupee note hidden under his dhoti fell down and he was caught hold of. This was followed by disciplinary action, which ultimately ended in barring two increments with cumulative effect (vide No ROC 21730/07/Mis-A./ dated 24-092008). 3) During the same makaravilaku festival KS Sajayan, Kazhakam, Velappra Devaswom, Changanassery group was also engaged for counting. The officers who examined his bag detected Rs. 8000 and 600 mg of gold. He admitted that in several occasions he had committed theft of gold and currency notes while on counting duty. Proceedings were initiated against him and his service was terminated as per ROC No. 268/08/MisA/ dated 01.03.2011. 4) Similarly Harikrishna Warrier, a karanma kazhakam from Aniyoor Devaswom was engaged for counting kaanika during makaravilaku festival in 1187 ME. While examining his body it was found out that he had taken away four 500 rupee note. In the light of this his karanma right was cancelled giving proper notice as per ROC No. 19736/11/MisA Est-B dated 16.03.2013. 5) During makaravilaku in 1193 ME Sri M.R Jayaprasad was deputed from Changanassery group. While examining CCTV camera it was found out that he was involved in theft of Rs. 2,000. The note fell down from his dress while he was leaving the counting premises. Charge memo has been issued and enquiry is going on. 11 W.P.(C)No.20409 of 2021 & con.cases These are some of the several incidents which occurred during the festival season. These incidents disclose that strict security check up is required while engaging temple employees for counting duties. 5. The Board is seriously considering various alternatives to change the existing practice of conducting body checking of the employees deputed for counting. 6. The practice of body scanning was also considered. There were some practical difficulties in introducing these methods. Employees are engaged for twenty in three shifts. Hence, each employee has to enter and exit at least 6 times a day. Repeated body scanning may cause serious health problems. Number of CCTV I cameras in the counting area can be increased, but it will not be sufficient to avoid body examination. Until an alternate method is found out, the present system is to be followed. But strict instruction has been given to higher officials to maintain dignity and atmost decency and discipline in physical examination. Allegation contrary to this is baseless. 2.3. The petitioner has produced a copy of the order dated 19.12.2019 in DBA No.21 of 2019 along with I.A.No.1 of 2022 seeking an order to accept the same as Ext.P4, which stands allowed by the order dated 02.02.2022. 3. SSCR No.8 of 2023:- The Special Commissioner, Sabarimala has filed this report pursuant to the directions contained in the order dated 10.02.2023 in SSCR No.5 of 2023 which relates to counting of kanikka in the Bhandaram at Sabarimala Sannidhanam. In this report the Special Commissioner 12 W.P.(C)No.20409 of 2021 & con.cases has made various suggestions. 3.1. On 13.03.2023, when this report came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. 3.2. The 2[nd] respondent Travancore Devaswom Board has filed an affidavit dated 25.07.2023 in SSCR No.8 of 2023. Paragraphs 3 to 6 of the said counter affidavit read thus; “3. It is submitted that the Open Kanikka kept in front of the Sreekovil of Sabarimala Temple is connected to a conveyor belt which passes through the old Bhandaram and from there through an underground tunnel it reaches the new Bhandaram. The old Bhandaram is spread over two floors. From the old Bhandaram at ground level the conveyor drops to a lower level to pass through the underground tunnel and reaches the new Bhandaram in a well. Inside the well this conveyor belt falls into a bucket type conveyor, which makes a steep climb to reach the ground level of the new Bhandaram. 4. During the rainy season, since the conveyor well in the new Bhandaram and the underground water level are on the same line water gets leaked into the conveyor well. Two water bodies are passing nearby the underground tunnel causing seepage of water into the tunnel as well. During the rainy season before switching on the conveyor belt the water in the well has to be drained. 5. It is submitted that the Sabarimala temple opened for 13 W.P.(C)No.20409 of 2021 & con.cases Karkkidaka masa pooja of 1198 M.E on 16.07.2023 evening at 5pm. There was heavy rain at Sabarimala on that day. The Bhandaram Special Officer along with Vigilance officials opened the new Bhandaram and switched on the conveyor belt. The water seeped into the conveyor well was carried over to the floor through the bucket type conveyor. Immediately the conveyor was stopped and the wet currencies were dried using the drier. Thereafter, the conveyor was started only after completely draining the conveyor well. No loss was sustained since all the notes were dried and counted. 6. It is submitted that the Board considered the suggestions of the Special Commissioner contained in SSCR Nos.8 of 2023 and 20 of 2023 and is of the view that the suggestions can be accepted. Accordingly, the Board decided to take the following steps to implement the suggestions of the Special Commissioner: i) The Chief Engineer, TDB and Executive Officer, Sabarimala are authorized to submit detailed proposals for implementing the suggestions of the Special Commissioner. a) The length of the conveyor belt is to be reduced to increase the space for counting in the new Bhandaram. b) The wall on the beginning of the security room is to be reconstructed to increase the space inside the new Bhandaram, c) An aluminum fabricated cabin is to be constructed for security personnel in the beginning of the Bhandaram. d) The size of Kanikka counting tables is to be reduced suitably to seat 8 persons. 14 W.P.(C)No.20409 of 2021 & con.cases e) The tables and chairs are to be arranged suitably to utilize maximum space. f) The toilets are to be kept clean and hygienic for which sufficient cleaning staff is to be engaged. ii) Deploying 400 persons at a time for counting duty is practically not feasible and it will affect the functioning of other temples. The Devaswom Commissioner and Executive Officer, Sabarimala are authorized to obtain views regarding engaging daily wage employees for counting Kanikka. iii) The Chief Engineer was authorized vide order dated 06.07.2023 to submit a report regarding the installation of automated counting machines to count coins and the method to be adopted for the body search of employees engaged for counting Kanikka. He is asked to expedite the same. iv) The Devaswom Commissioner is authorized to submit report on the proposals such as providing more Assistants to the Chief Bhandaram Special Officer and introducing additional shift system for counting. v) The Chief Engineer is authorized to complete the maintenance works in Bhandaram at least 5 days before commencement of the season. vi) The Chief Engineer is authorized to submit a report after conducting scientific study to arrest leakage of water into the tunnel leading to the new Bhandaram. vii) The Chief Engineer is authorized to install automatic water sensing pump to drain water from the conveyor well in the new Bhandaram, for the time being. viii) The Assistant Engineer, Maramath Wing, Sabarimala and the Assistant Executive Officer, Sabarimala are authorized to ensure that the Bhandaram is trouble free 15 W.P.(C)No.20409 of 2021 & con.cases before commencing its operation. True copy of the proceedings of the Board, vide R.O.C.7775/23/Suit/Sab dated 22.07.2023 is produced herewith and marked as Annexure-R2(a). 3.3. The additional 6[th] respondent Deputy Director, Kerala State Audit Department, has also filed a counter affidavit dated 09.08.2023. Paragraphs 2 to 8 of the said counter read thus; 2. It is submitted that the Honourable Special Commissioner, Sabarimala in SSCR No.8 of 2023 submitted his valuable suggestions regarding the Bhandaram at Sabarimala temple before the Honourable High Court of Kerala as directed by this Honourable Court vide orders in SSCR No.5 of 2023 dated 10.02.2023. The Honourable Court vide Order dated 04.07.2023 in SSCR No.8 of 2023 directed the Board to take appropriate decision on the suggestions made by the Honourable Special Commissioner. In compliance with the order of the Honourable High Court, the Board evaluated the suggestions made by the Honourable Special Commissioner and directed the officials concerned to take follow up action in this regard vide ROC No.7775/23/Suit/Sab dated 22.07.2023. 3. In the meantime the Honourable Special Commissioner vide SSCR No. 20 of 2023 submitted his report regarding the inundating of underground tunnel connecting the old Bhandaram with the new Bhandaram at the Sabarimala Temple. On the basis of Report No.08 of 2023, it is humbly submitted that the suggestions of the Honourable Special Commissioner 1 to 21 may kindly be approved as it worth improving working condition of the Bhandaram at the hill shrine. 16 W.P.(C)No.20409 of 2021 & con.cases 4. On the basis of Report No.20 of 2023, it is humbly submitted the following remarks for kind perusal. It is submitted that on 16.07.2023 there was heavy rain at Sabarimala. Without knowing that the tunnel was inundated with rain water, the Bhandaram Special Officer along with Vigilance Officials opened the new Bhandaram and switched on the conveyor belt resulting the water seeped into the underground tunnel was carried over to the floor of new Bhandaram through the bucket type conveyor. Sensing the mishap, the conveyor was stopped immediately and the wet currencies were recovered and wetted by using the drier. It is also reported that the conveyor was restarted only after completely draining the rain water percolates into it and drying there. It is stated that there is no loss sustained to the Devaswom Fund in this regard, since all the notes to the tune of Rs.61,340/- were dried and counted. Subsequently the amount remitted to Devaswom Fund. Regarding the inundation of the new Bhandarm and its tunnel, the following remarks are humbly submitted: - i. The Para 2 of the report of the Honourable Special Commissioner may be looked into seriously. It is submitted that the new Bhandaram and its tunnel were constructed unscientifically without considering the presence of the Aquifer/Stream with the nomenclature 'Kokkarani' and the inundating possibility of the same during rainy season. - ii. The same defect and some more were also submitted by the Superintendent of Police, Vigilance and Security Officer, Thiruvananthapuram vide Exhibit-P1 Report No.CT.229/23/TDB/Vig dated 19.07.2023. - iii. It questions of competency of the agency who 17 W.P.(C)No.20409 of 2021 & con.cases designed and executed the work. - iv. It shows the lackadaisical attitude of the Travancore Devaswom Board on the maramath works which consumes nearly 10% of the total revenue of the Board in almost every year. Hence it is humbly prayed that a high level enquiry may be ordered to find out - i. Any foul play occurred during the construction of the new Bhandaram. - ii. Whether the work was executed as per the approved estimate. - iii. Whether there was any technical fault and unscientific methods were adopted while carrying out the tunnel work which leads to the new Bhandaram. - iv. Thereby any financial loss sustained to the Devaswom Fund. - v. How to operate the system without any technical snag in all whether condition. - vi. To find out whether the agency/contractor who engaged to carry out the work was competent to execute the same. 5. It is submitted that the Board considered the suggestions of the Special Commissioner and vide proceedings No.ROC 7775/23/Suit/Sab dated 22.07.2023 of the Secretary, Travancore Devaswom Board ordered to implement the same. In the wake of the ROC, the following remarks are humbly submitted for kind perusal. 6. In the ROC Para 2 the Deputy Commissioner, Chief Engineer and Executive Officer Sabarimala was seen empowered to submit their opinion about engaging daily wages employees in Bhandaram duty due to the dearth of 18 W.P.(C)No.20409 of 2021 & con.cases the permanent devaswom employees. 7. In this circumstances, it is prayed that the idea of engaging daily wages employees to the Bhandaram may not be entertained due to the following reasons. - i. Since the Bhandaram receives offerings worth Crores of rupees by way of Gold, Silver and other valuables, if any financial loss sustained to the Devaswom Fund due to misdemeanor of the daily wages employees, it would be difficult to fix liability on them and realize it. - ii. The daily wages employees may not be as loyal to the Travancore Devaswom Board as the permanent employees are and may cause a security threat to the high sensitive place like Bhandaram and there by the hill shrine premises. Hence it is humbly prayed that: - a) Maximum permanent staff of Devaswom Board may be engaged to the Bhandarm. - b) The maximum daily wagers may be engaged in outside Bhandarm except in supervisory posts. - c) During Mandalam and Makaravilakku season maximum Board employees may be fanned out at Sabarimala on rotation basis by deploying daily wagers at the other Board temples. 8. It is most humbly submitted to implement the order No.ROC.7775/73/Suit/Sab dated 22.07.2023 except Para No.2 of the ROC concerned.” 4. SSCR No.20 of 2023:- The Special Commissioner, Sabarimala has filed this report regarding flooding of the underground tunnel connecting to the old bhandaram with the new bhandaram at Sabarimala Sree Dharma Sastha Temple. 19 W.P.(C)No.20409 of 2021 & con.cases ## 4.1. On 20.07.2023, when SSCR No.20 of 2023 came up for consideration, this Court passed the following order; “This report filed by the Special Commissioner, Sabarimala is regarding flooding of the underground tunnel connecting to the old Bhandaram with the new Bhandaram at Sabarimala Sree Dharma Sastha Temple. 2. In the report, it is stated that on 16.07.2023, when the Bhandaram was opened and the conveyor belt was switched on after the Deeparadhana was over by about 7.00 p.m., the water from the flooded underground tunnel was carried in the bucket-type conveyor and it was splashed inside the new Bhandaram. Immediately, the conveyor belt was stopped. As per the report of the Superintendent of Police, Vigilance and Security, the newly appointed Assistant Executive Officer, who is in charge of the Bhandaram omitted to open the Bhandaram and inspect the same before switching on the conveyor belt. Currency notes to the tune of Rs.61,340/- were wet in the water so splashed and they were subsequently picked up and dried. 3. SSCR No.8 of 2023 filed by the Special Commissioner, Sabarimala relates to the counting of kanikka in the Bhandaram at Sabarimala Sannidhanam, with certain suggestions in paragraph 9 of that report, is also pending before this Court. In the said matter, the Travancore Devaswom Board is yet to file an affidavit. 4. The learned Standing Counsel seeks time to get instructions.” 4.2. The 2[nd] respondent Board has filed a counter affidavit dated 25.07.2023, reiterating the statements in the counter 20 W.P.(C)No.20409 of 2021 & con.cases affidavit filed in SSCR No.8 of 2023. 5. 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. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 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. As per Section 16 of the Act, 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. As per Section 31 of the Act, subject to the provisions of Part I and the 21 W.P.(C)No.20409 of 2021 & con.cases 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. ## 6. 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. ## 7. In **M.V. Ramasubbiar v. Manicka Narasimachara** **[(1979) 2 SCC 65]** , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner 22 W.P.(C)No.20409 of 2021 & con.cases of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. Paragraph 4 of that decision reads thus; “4. There is some controversy on the question whether defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs. 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs.21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's 23 W.P.(C)No.20409 of 2021 & con.cases discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it.” (underline supplied) 8. In **A.A. Gopalakrishnan v. Cochin Devaswom Board** **[(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/ 24 W.P.(C)No.20409 of 2021 & con.cases 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. 9. 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 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 25 W.P.(C)No.20409 of 2021 & con.cases 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. 10. In **Suo motu v. State of Kerala and others [2022 (2) KHC 411]** this Court held that in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act and the law laid down in the decisions referred to supra, the 3[rd] respondent Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the said Act, under the Chengannur Group. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board is duty bound to exercise proper supervision and control over the acts and proceedings of all officers and servants and to manage the properties and affairs of Sabarimala Devaswom and conduct daily worships and ceremonies and also festivals in the temple according to its usage. The position of the Board in this regard is analogous to that of trustees, as held by this Court in **Ram Mohan Das [1975 KLT 55]** . Any improper act of the trustees could be questioned by a worshiper. 26 W.P.(C)No.20409 of 2021 & con.cases 11. In **Suo motu [2022 (2) KHC 411]** this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The 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. 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. 12. On 09.10.2023, when these matters came up for consideration, in W.P.(C)No.20409 of 2021, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court, the files relating to the proposal for installing a coin counting machine in the ‘bhandaram’ of Sabarimala Devaswom. Page No.291 of that file contains a report dated 21.08.2023 of the Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board. Page No.299 of that file contains the proposal dated 01.09.2023 made by 27 W.P.(C)No.20409 of 2021 & con.cases the Chief Engineer, seeking administrative sanction for the estimate of supply and installation of a new coin counting machine and coin segregation machine in the 'bhandaram' at Sabarimala Sannidhanam for a sum of Rs.3,02,60,000/-. The said proposal refers to a letter dated 14.08.2023 of the Executive Engineer, Electrical Division, Chengannur. 13. By the order dated 09.10.2023, the learned Standing Counsel for Travancore Devaswom Board was directed to retain the file. The learned Senior Government Pleader and also the learned _Amicus Curie_ for Special Commissioner Sabarimala were permitted to peruse the files in the presence of the learned Standing Counsel. The said order was followed by detailed orders dated 10.10.2023 and 16.10.2023. 14. Having considered the pleadings and materials on record and also the submissions made at the Bar, we find that a permanent solution for the issues relating to counting of currency notes and coins in the bhandaram of Sabarimala Devaswom is the installation of currency notes/coins counting machines with a proper specification, suiting the requirements at the bhandaram during Mandala-Makaravilakku festival seasons. Before installation of counting machines, a proper study by a technically qualified team is essential. Counting of currency notes by the installation of 28 W.P.(C)No.20409 of 2021 & con.cases currency note counting machines in the bandaram of Sabarimala Devaswom may not be practical, since it will be practically impossible to count the folded currency notes in ‘Kaaniponnu’ kept in the ‘Irumudikettu’ of the pilgrims in a currency counting machine. In case a proper counting mechanism is provided in the bhandaram of Sabarimala Sannidhanam, the deployment of a large number of Devaswom employees on special duty during MandalaMakaravilakku festival seasons can be avoided to the extent possible. 15. The Special Commissioner, Sabarimala has filed SSCR No.18 of 2023, regarding theft of gold bangle from the bhandaram at Sabarimala Sannidhanam. In that incident, one P.K.Rejikumar, a Devaswom employee in Vasudevapuram Devaswom in Ettumanoor Group, who was on special duty at Sabarimala was arrested and produced before the Magistrate Court. There are various issues due to unscientific construction of the conveyor belt in the new bhandaram at Sannidhanam. During rainy season, the ‘conveyor well’, which is a bucket type conveyor in which the conveyor belt falls to make a steep climb to reach the ground level of the new bhandaram, will be filled with water. Therefore, before switching the conveyor belt, the water in the conveyor well has to be drained. The Special Commissioner, Sabarimala has made various 29 W.P.(C)No.20409 of 2021 & con.cases suggestions in SSCR No.8 of 2023. As stated in the affidavit dated 25.07.2023 the Board has decided to take various steps, as stated in paragraph 6 of that affidavit, to tackle with various issues connected with counting of currency notes and coins in the bhandaram at Sabarimala Sannidhanam, based on the suggestions. 16. In the affidavit dated 09.08.2023 filed by the Deputy Director, Kerala State Audit Department in SSCR No.8 of 2023, various remarks have been furnished, in which it is pointed out among other things that the engagement of daily wage employees for counting currency notes and coins in the bhandaram is not ideal. 17. Having considered the pleadings and materials on record and the submissions made at the Bar, we deem it appropriate to dispose of this writ petition and the reports filed by the Special Commissioner, Sabarimala, by directing the technical committee under the High Power Committee for Sabarimala Master Plan to consider the issues relating to the construction of new bhandaram at Sabarimala Sannidhanam, including the flooding of conveyor well during rainy season and submit a detailed report, which shall be placed before the High Power Committee. Thereafter, the High Power Committee shall submit a report before this Court seeking appropriate directions, which shall be numbered as HPCR. After 30 W.P.(C)No.20409 of 2021 & con.cases conducting a proper study by technically qualified persons, the proposal by the Travancore Devaswom Board, for installation of currency/coin counting machines in the bhandaram at Sabarimala Sannidhanam shall be placed before this Court, along with the report of the Special Commissioner, Sabarimala for necessary orders. The Board shall take necessary steps to ensure that a proper mechanism for counting of coins is installed in the bhandaram at Sabarimala Sannidhanam, before the commencement of next Mandala-Makaravilakku festival season. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV/ 31 W.P.(C)No.20409 of 2021 & con.cases ## **`APPENDIX OF WP(C) 20409/2021`** ``` PETITIONER EXHIBITS ``` |**`Exhibit P1`**|**`TRUE COPY OF THE COMPLAINT DATED 15-12-2020`**| |---|---| ||**`FILED BY PETITIONER BEFORE THE HON'BLE KERALA`**| ||**`STATE HUMAN RIGHTS COMMISSION.`**| |**`Exhibit P2`**|**`TRUE COPY OF THE REPORT SUBMITTED BY 2ND`**| ||**`RESPONDENT ON NOVEMBER 2021 BEFORE THE`**| ||**`HON'BLE KERALA STATE HUMAN RIGHTS COMMISSION.`**| |**`Exhibit P3`**|**`TRUE COPY OF THE ORDER OF HON'BLE KERALA`**| ||**`STATE HUMAN RIGHTS COMMISSION DATED 23-12-`**| ||**`2020`**| |**`Exhibit P4`**|**`TRUE COPY OF THE ORDER DATED 19.12.2019 IN`**| ||**`DBA NO.21/2019 OF THIS HON’BLE COURT`**| |**`Exhibit P4`**|**`TRUE COPY OF THE ORDER DATED 19.12.2019 IN`**<br>**`DBA NO.21/2019 OF THIS HON’BLE COURT`**| |---|---| |**`RESPONDENT ANNEXURES`**|| |**`DOCUMENT`**|**`TRUE COPY OF ORDER ROC 13635/2019/SAB DATED`**| ||**`06-07-2023`**| 32 W.P.(C)No.20409 of 2021 & con.cases ## **`APPENDIX OF SSCR 20/2023`** ## **`RESPONDENT ANNEXURES`** ``` Annexure-R2(a) ``` ``` True copy of the proceedings of the TravancoreDevaswom Board, vide R.O.C.7775/23/Suit/Sab dated 22.07.2023 ``` 33 W.P.(C)No.20409 of 2021 & con.cases ## **`APPENDIX OF SSCR 8/2023`** ``` RESPONDENT ANNEXURES ``` ``` Annexure-R2(a) ``` ``` True copy of the proceedings of the Travancore Devaswom Board, vide R.O.C.7775/23/Suit/Sab dated 22.07.2023 ```