Suo Motu v Travancore Devaswom Board and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **MONDAY, THE 20[TH] DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943** ## **SSCR NO.16 OF 2021** ## **PETITIONER:** **SUO MOTU** ## **BY ADV SUO MOTU** ## **RESPONDENTS:** |**1**|**THE TRAVANCORE DEVASWOM BOARD,**| |---|---| ||**REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR**| ||**POST, THIRUVANANTHAPURAM - 695003**| |**2**|**DEVASWOM COMMISSIONER,**| ||**TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,**| ||**THIRUVANANTHAPURAM - 695003.**| |**3**|**STATE OF KERALA,**| ||**REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,**| ||**GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695001.**| ||**BY ADVS.**| ||**BY SRI. G. BIJU, SC, TRAVANCORE DEVASWOM BOARD - TDB**| ## **OTHER PRESENT:** ## **SRI S RAJMOHAN- SR GOVERNMENT PLEADER ;** ## **SRI N.RAGHURAJ - AMICUS CURIAE** **THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** SSCR NO. 16 OF 2021 2 ## **ORDER** ## **Anil K. Narendran, J.** The Special Commissioner, Sabarimala, has filed this report regarding the posting of additional staff in the Bhandaram of Sabarimala Sree Dharma Shastha Temple. In this report, the Special Commissioner has sought for an order directing the Travancore Devaswom Board and also the Devaswom Commissioner to post additional staff of 40 more members, either from the different groups of Travancore Devaswom Board or Kshethra Kalapeedam to the Bhandaram of Sabarimala Sree Dharma Sastha Temple, so as to clear the backlog of counting currencies and coins. 2. On 14.12.2021, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that out of 50 persons ordered to be deployed from Kshethra Kalapeedam, 20 persons have already joined and they are engaged for clearing the backlog of counting currencies and coins. The remaining 30 persons are expected to join by 14.12.2021 or 15.12.2021. SSCR NO. 16 OF 2021 3 3. On 15.12.2021, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that 5 more persons from Kshethra Kalapeedam has already joined on 14.12.2021. Due to acute shortage of employees, the counting of coins is yet to commence. 4. By the order dated 15.12.2021, we have directed the 2nd respondent Devaswom Commissioner to take necessary steps to ensure that sufficient employees from other groups under Travancore Devaswom Board are posted forthwith in the Bhandaram of Sabarimala Sree Dharma Shastha Temple. In the said order it was made clear that at least 2 persons from each groups shall be posted in the Bhandaram. The 2nd respondent was directed to issue necessary orders forthwith and submit report before this Court by 17.12.2021. The learned Standing Counsel for Travancore Devaswom Board was directed to place on record the report of the Executive Officer, Sabarimala, dated 13.12.2021, addressed to the Devaswom Commissioner, regarding excess notes found in some bundles, which were SSCR NO. 16 OF 2021 4 detected at the time of verification by the concerned Bank officials. 5. Today, when this report is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a copy of letter Nos.EOP.No.768/21/Sab dated 19.12.2021 and EOP.No.211/21/Sab dated 19.12.2021 of the Executive Officer, Sabarimala, addressed to the Devaswom Commissioner reporting the actual number of employees reported for special duty at Sabarimala, as on 19.12.2021, for Mandala-Makaravilakku season, which is far below the requirement. 6. Heard the learned Standing Counsel for the Travancore Devaswom Board, the learned Senior Government Pleader for the State and also the learned Amicus Curiae for the Special Commissioner. 7. 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 SSCR NO. 16 OF 2021 5 Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. As per Section 3 of the Act, t he administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. 8. As per Section 15A of the Act, i t 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 SSCR NO. 16 OF 2021 6 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 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. 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. Under the provisions of the Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative SSCR NO. 16 OF 2021 7 officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 10. 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 SSCR NO. 16 OF 2021 8 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: 59. The Financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit 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 SSCR NO. 16 OF 2021 9 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) 11. When the surplus income from Sabarimala Devaswom is being utilised for managing 1190 Temples under Travancore Devaswom Board which are not self-sufficient, for payment of salary to Devaswom employees and also for payment of pension to its pensioners, the reluctance shown by the employees of the Travancore Devaswom Board in reporting for special duty during Mandala-Makaravilakku season at Sabarimala cannot be viewed lightly. It is for the SSCR NO. 16 OF 2021 10 Executive Officer, Sabarimala, to forthwith report to the Devaswom Commissioner, the name of the Devaswom employees, who failed to report for special duty at Sabarimala, with copy to the Special Commissioner, Sabarimala. On receipt of such report, the Devaswom Commissioner shall initiate appropriate proceedings against such employees and the action taken shall be reported to this Court. On receipt of a copy of the report of the Executive Officer, Sabarimala, furnishing the names of the Devaswom employees, who failed to report for special duty, the Special Commissioner, Sabarimala, shall file a report before this Court. With the above directions, this Report is disposed of. **Sd/ANIL K. NARENDRAN, JUDGE** **Sd/P.G. AJITHKUMAR, JUDGE** MIN SSCR NO. 16 OF 2021 11 ## **APPENDIX OF SSCR NO.16 OF 2021** ## **RESPONDENT’S EXHIBITS:** **ANNEXURE R2(a) TRUE COPY OF THE CIRCULAR, ROC NO.93/2021/EST A-B DATED 16.12.2021 ISSUED BY THE 2[ND] RESPONDENT ANNEXURE R2(b) TRUE COPY OF THE REPORT OF THE EXECUTIVE OFFICER, E.O.P. NO.764/21/SAB DATED 13.12.2021.**