Travancore Devaswom Board - Matter pertaining to irregularities in Thottakkad Sankaranarayana Swamy Temple - Suo Motu Proceedings initiated based on a complaint dated 02.12.2022

## **`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 29[TH] DAY OF MAY 2023 / 8TH JYAISHTA, 1945 DBP NO.87 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - MATTER ``` ``` PERTAINING TO IRREGULARITIES IN THOTTAKKAD SANKARANARAYANA SWAMY TEMPLE - SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED 02.12.2022 - REG. ``` ``` ------------ ``` ## **`PETITIONERS:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** |**`1`**|**`TRAVANCORE DEVASWOM BOARD`**| |---|---| ||**`REPRESENTED BY ITS SECRETARY, NANTHANCODE,`**| ||**`KAWDIAR POST, THIRUVANANTHAPURAM - 695003.`**| |**`2`**|**`DEVASWOM COMMISSIONER,`**| ||**`NANTHANCODE, KOWDIAR POST, THIRUVANANATHAPURAM -`**| ||**`695003.`**| |**`3`**|**`ASSISTANT DEVASWOM COMMISSIONER,`**| ||**`TRAVANCORE DEVASWOM BOARD, KOTTAYAM GROUP,`**| ||**`THIRUNAKKARA, KOTTAYAM - 686101.`**| ``` *ADDL.R4 THE SUB GROUP OFFICER SANKARANARAYANA SWAMY TEMPLE, THOTTAKKAD P.O., CHANGANASSERY TALUK, PIN - 686 539 *ADDL.R5 THE TEMPLE ADVISORY COMMITTEE OF SANKARANARAYANA SWAMY TEMPLE, REPRESENTED BY ITS SECRETARY, SANKARANARAYANA SWAMY TEMPLE, THOTTAKKAD P.O., CHANGANASSERY TALUK, PIN - 686 539. *ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 4 AND 5 VIDE ORDER DATED 7.12.2022 IN DBP 87/2022 ``` -2- DBP No.87 of 2022 ``` *ADDL.R6 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 ``` - **`*ADDL.R7 JOINT DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM - 695 003. *ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 6 AND 7 VIDE ORDER DATED 5.01.2023 IN DBP 87/2022`** ``` R BY SRI S.RAJMOHAN -SR GOVERNMENT PLEADER , ``` ``` SRI G.BIJU- STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD ``` ``` ADV.SRI.R.UMASANKAR ``` ``` THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ``` ``` ON 29.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- DBP No.87 of 2022 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ based on a complaint dated 02.12.2022 made by a devotee, who is a worshiper of Thottakkad Sankaranarayana Swamy Temple, which is under the management of the Travancore Devaswom Board. In the complaint it is alleged that the Temple Advisory Committee failed to submit audited accounts of the annual festival (Thiruvulsavam) of Thottakkad Sankaranaryana Swamy Temple for the period from 21.01.2022 to 02.03.2022. The Committee failed to issue receipt for the amount collected for the advertisements in the festival notice. For most of the programs in the annual festival there were sponsors. The Committee has collected money from the devotees without issuing receipts. The said Committee is taking steps to obtain sealed coupons for collecting money in connection with the annual festival of the year 2023. Therefore, a detailed enquiry has to be conducted in the activities of the Committee in connection with the annual festival of the year 2022. In order to prevent such malpractices the Travancore Devaswom Board has to take preventive measures. 2. On 07.12.2022, when this DBP came up for -4- DBP No.87 of 2022 consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions from the 3[rd] respondent Assistant Devaswom Commissioner and also from the additional 4[th] respondent Sub Group Officer. 3. On 14.12.2022, this Court issued notice to the additional 5[th] respondent Temple Advisory Committee, by speed post, returnable within three weeks. 4. The 1[st] respondent has filed a counter affidavit dated 08.02.2023, wherein it is stated that on receipt of a copy of the complaint dated 30.12.2022 made by the complainant the 3[rd] respondent Assistant Devaswom Commissioner called for a report from the 4[th] respondent Sub Group Officer. The 4[th] respondent obtained Annexure R1(a) explanation dated 15.12.2022 of the 5[th] respondent Temple Advisory Committee. Thereafter, the 3[rd] respondent Assistant Devaswom Commissioner forwarded Annexure R1(b) report dated 15.12.2022 before the 2[nd] respondent Devaswom Commissioner. In the counter affidavit filed by the 1[st] respondent, it is stated that during the temple festival gold plated ‘Thidambu’ is used while parading the elephant for procession. The existing ‘Thidambu’ faded due to usage. Four devotees offered to sponsor a gold plated ‘Thidambu’. The Temple Advisory Committee was -5- DBP No.87 of 2022 not authorised or permitted to collect any money for making ‘Thidambu’ and no sealed coupons were issued by the Assistant Devaswom Commissioner for that purpose. On an enquiry made by the Sub Group Officer, it was found that no such collection was made by the Temple Advisory Committee. Insofar as the photograph produced along with the complaint is concerned, the explanation offered by the Temple Advisory Committee was that it was taken at the instance of the sponsors and one of the sponsors is also there in that photograph. The accounts of the annual festival of the temple for the year 1197ME conducted by the Temple Advisory Committee were presented in the meeting of the registered mandalam convened on 20.03.2022. Thereafter, the accounts were submitted to the Devaswom Office, which has already been forwarded to the Audit Office, Vaikom, for verification. In the counter affidavit, it is stated that as per the explanation offered by the Temple Advisory Committee, they have not made any unauthorised fund collection. The veracity of the allegations in the complaint can only be ascertained through an enquiry by the Vigilance Wing. 5. On 14.02.2023, when this DBP came up for consideration, having considered the averments in paragraph 4 of the counter affidavit filed by the 1[st] respondent, this Court -6- DBP No.87 of 2022 directed the President and Secretary of the 5[th] respondent Temple Advisory Committee to be personally present in Court on 28.02.2023 at 2.00 p.m., along with the relevant files. Registry was directed to communicate a copy of the order dated 14.02.2023 to the Secretary of the Temple Advisory Committee, through the 3[rd] respondent Assistant Devaswom Commissioner. 6. In terms of the order of this Court dated 14.02.2023, the President and Secretary of the Temple Advisory Committee were personally present in Court on 28.02.2023 and they submitted that the Temple Advisory Committee has not collected money from any devotees. Later, an affidavit dated 08.03.2023 has been filed on behalf of the 5[th] respondent Temple Advisory Committee, wherein it is stated that based on the complaint dated 30.12.2022 made by the complainant, the Temple Advisory Committee submitted Ext.R5(1) reply dated 15.12.2022, convincingly detailing each and every points on which explanations were sought for. On 19.12.2022, the Temple Advisory Committee sent a letter to the complainant requesting him to contact the Committee to clear any of his doubts or seek clarifications on the allegations raised by him. The said letter sent through registered post was returned with an endorsement "not known", as evident from Ext.P5(2) envelope. The -7- DBP No.87 of 2022 “Thidambu" of the deity of the temple is not being made by receiving any contributions by the Committee from the public, as alleged in the complaint. When the suggestion of replacing the "Thidambu" with a new one was mooted, four ardent devotees of the temple happily and wholeheartedly came forward to completely sponsor the work by bearing all the costs. After submitting Ext.R5(1) reply, the 5[th] respondent Committee requested help from the Board for the work, by submitting Ext.R5(3) request dated 31.01.2023 before the 4[th] respondent Sub Group Officer. In Ext.R5(3) request, the Committee furnished the name and address along with the mobile numbers of the devotees who are the sponsors for the work relating to the ‘Thidambu’. In the affidavit, it is stated that absolutely no contributions or subscriptions were attempted to be received by any of the members of the Temple Advisory Committee. That apart, there was absolutely no occasion for the Committee for receiving contributions for the reason that the devotees named in Ext.R5(3) have voluntarily came forward to bear all expenses and costs incurred in the making of a new ‘Thidambu’. The present office bearers of the Committee are honest and they are earnestly doing all the rituals and festivals in the temple, obliging to the instructions and guidance of the officials of the Travancore -8- DBP No.87 of 2022 Devaswom Board in a most colourful manner, which is gaining appreciable acceptance and regard from the public. Till date, during the tenure of the Committee, no complaints have been received by respondents 1 to 4, from the devotees or public, in any of the matters, including accounts, contributions or subscriptions received, etc. 7. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4, the learned counsel for the 5[th] respondent Temple Advisory Committee and the learned Senior Government Pleader for respondents 6 and 7. 8. 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. Chapter II of the Act deals with the Travancore Devaswom. 9. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of -9- DBP No.87 of 2022 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. 10. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. -10- DBP No.87 of 2022 11. 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 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. 12. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per sub-section (1) of Section 31A of the Act, a Committee for each temple in the name 'Temple Advisory Committee' (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory -11- DBP No.87 of 2022 Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board. 13. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 14. Clause (3) of the Rules deals with membership. Clause (3) makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5kms from the temple, who are -12- DBP No.87 of 2022 regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) deal with class of persons who are entitled to get membership. 15. In **Santharam Roy T.S. v. Travancore Devaswom Board and others [2022 (2) KHC 595]** this Court held that the provisions under Clause (3) of the Rules framed by Travancore Devaswom Board for the formation of Temple Advisory Committees in the temples under the management of the Board makes it explicitly clear that the membership in 'registered mandalam' is mainly for the devotees who are residing within a distance of 5 kms from the temple, who are regular worshippers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. For constituting the Temple Advisory Committee, the devotees will have to be enrolled as members of 'registered mandalam'. The election of members to the Temple Advisory Committee is made from among the members of 'registered mandalam' present in the meeting convened by the Assistant Commissioner of the Group, as provided under Clause (5) of the Rules. -13- DBP No.87 of 2022 16. Clause (11) of the Rules, which deals with term of office of the Temple Advisory Committee. As per Clause (11) of the Rules, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the Board can extend the term for a further period of one year. Clause (11) makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. ## 17. In **Chandu K. v. Travancore Devaswom Board** **[2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Act the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft bye-laws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the -14- DBP No.87 of 2022 Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the approved bye-laws is to see that timely elections are held and the constitution of the Committees is not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the approved bye-laws, shall not be exercised as a matter of course. They shall call for a report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether the extension of the -15- DBP No.87 of 2022 term has to be given or not. 18. Clause (12) of the Rules deals with powers and rights of the Devaswom Board. As per Clause (12), the Devaswom Commissioner shall have the power to determine the qualification of the members of the Advisory Committee, the term of the Advisory Committee and also to remove the members of the Committee on the basis of specific reasons. In the event of the activities of the Advisory Committee being contrary to the interest of the Temple, Hindu faith or the Devaswom Board, or in the event of specific financial irregularities, the Commissioner shall have the absolute power to remove the Advisory Committee. 19. In **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** one of the contentions raised before this Court by the learned counsel for respondents 5 to 10 therein was that the construction or repair or renovation work that has to be undertaken in a temple under the management of the Travancore Devaswom Board is outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. This Court noticed that insofar as the aforesaid contention raised by the learned counsel for respondents 5 to 10 therein is concerned, as per Clause (2) -16- DBP No.87 of 2022 of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees, one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute the same with the approval of the Board. Clause (11) of the Rules provides that, the term of the Temple Advisory Committee shall be two years from the date of approval of the Committee by the Department. The Devaswom Commissioner is empowered to extend the term of the Temple Advisory Committee for a further period of one year on the ground of any development works or unavoidable rituals. On the aforesaid grounds the Board can extend the term for a further period of one year. Clause (11) of the Rules makes it explicitly clear that the term of the Temple Advisory Committee shall not be extended beyond two years. 20. Clause (9) of the Rules deals with office bearers and their duties. Clause (9.1) deals with President, Clause (9.2) deals with Vice President, Clause (9.3.) deals with Secretary and Clause (9.4) deals with Treasurer. As per Clause (9) of the Rules, one of the duties of the President, as provided in Clause (9.1), is to formulate projects for the betterment of the temple and for the convenience of the devotees and implement the same with -17- DBP No.87 of 2022 the approval of the Board. The President has to supervise the collection of funds at the initiative of the Advisory Committee and he has to ensure that the functioning of the Committee is in accordance with the directions issued by the Board. As per Clause (9.3), the Secretary of the Committee has to get the approval of the Department for the collection of funds. He has to print coupons and keep them in safe custody after obtaining the seal of the Assistant Commissioner. He has to ensure that such coupons are used only as per the permission granted by the Board. The Secretary has to cause the accounts relating to the collection of funds, income and expenditure audited which shall be produced before the authorities in the Board before 30[th] April of every year. As per Clause (9.4) of the Rules, the Treasurer has to ensure that proper accounts are maintained for the income and expenditure and that the income and expenditure of the Advisory Committee are with the approval of the Committee and with the knowledge of the President and the Secretary. 21. In **Sunil Kumar C. [2022 (4) KHC 663]** this Court held that a reading of the provisions under Clause (9) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees makes it explicitly clear that the construction or repair or renovation work that has -18- DBP No.87 of 2022 to be undertaken in a temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. It would certainly be open to the Travancore Devaswom Board to undertake such construction, repair or renovation work in a temple, directly by its Maramath Department. However, when the Board has chosen to undertake such construction or repair or renovation work in a temple through a committee, under the supervision of the officials in the Maramath Department, it has to be undertaken through the Temple Advisory Committee constituted under Section 31A of the Act, under constant supervision and scrutiny by the concerned officers of the Board, in order to ensure that the activities of the committee are in compliance with the directions issued by the Board. When the provisions under Section 31A of the Act contemplate the constitution of a Temple Advisory Committee in the temples under the management of the Board, which is assigned with various duties as per the said Rules, which includes undertaking various developmental activities in the temple, the normal rule is that any developmental activity in a temple, which is not undertaken directly by the Board through its officials in the Maramath Department, has to be undertaken through the Temple Advisory Committee. In **Sunil Kumar C.** this -19- DBP No.87 of 2022 Court found that, in view of the provisions contained in Clause (2), Clause (9) and Clause (11) of the Rules, and also the law laid down in **Chandu K. [2021 (3) KHC 379]** , the construction, repair or renovation work that has to be undertaken in a Temple is not outside the purview of the Temple Advisory Committees constituted under Section 31A of the Act. 22. Clause (18) of the Rules framed by the Travancore Devaswom Board for the formation of Temple Advisory Committees prohibits the Temple Advisory Committee from collecting funds in connection with any ceremonies in the temple by placing kanikkavanchi or hundials. When coupons are printed for development activities in the temple, with the approval of the Department, only coupons for the specified amount shall be printed. No receipts without the seal of the Assistant Commissioner shall be used for collecting funds. As per Clause (18), a person who is an office bearer or member of the Temple Advisory Committee shall not be eligible to continue as such continuously exceeding the term of two committees. In **Sunil Kumar C. [2022 (4) KHC 663]** , this Court held that the provisions under Clause (18) of the said Rules provide sufficient safeguards to prevent the illegal collection of funds by the Temple Advisory Committee for development activities in a -20- DBP No.87 of 2022 temple. 23. One of the allegations contained in the complaint dated 02.12.2022 made by a devotee of Thottakkad Sankaranarayana Swamy Temple, which is the subject matter of this DBP, is that the 5[th] respondent Temple Advisory Committee failed to submit the audited accounts of the annual festival (Thiruvulsavam) conducted for the period from 21.01.2022 to 02.03.2022. It is also alleged that the Committee failed to issue receipts for the amount collected for the advertisements in the festival notice and also for the money collected from the devotees. 24. In the counter affidavit filed by the 1[st] respondent it is stated that the accounts of the annual festival of the temple for the year 1197ME (2022) conducted by the Temple Advisory Committee were presented in the meeting of the registered mandalam convened on 20.03.2022. Thereafter, the accounts were submitted to the Devaswom office, which has already been forwarded to the Audit office for verification. Since the Audit of accounts of the annual festival of the year 1197 ME is pending Audit, it is for the Audit team to complete that exercise strictly in accordance with the statutory mandate. Another complaint made -21- DBP No.87 of 2022 by the complainant in the complaint dated 30.12.2022 is in relation to gold platted ‘Thidambu’ used in the temple while parading the elephant for procession. In the complaint it is alleged that money was collected from the devotees for making gold plated ‘Thidambu’. 25. The stand taken in the counter affidavit filed by the 1[st] respondent Board is that four devotees offered to sponsor a gold plated ‘Thidambu’. The Temple Advisory Committee was not auhorised or permitted to collect any money for making ‘Thidambu’ and no sealed coupons were issued by the Assistant Devaswom Commissioner for that purpose. In the counter affidavit it is stated that on the enquiry made by the Sub Group Officer it was found that no such collection was made by the Temple Advisory Committee. 26. Along with the complaint dated 30.12.2022 the complainant has produced a screenshot taken from a WhatsApp group of the devotees of Thottakkad Sankaranarayana Swamy Temple. Based on the complaint, the 3[rd] respondent Assistant Devaswom Commissioner sought for an explanation from the Temple Advisory Committee and the Committee submitted Ext.R1(b)/R5(1) reply wherein it is stated that the photograph -22- DBP No.87 of 2022 was taken at the instance of the sponsors, who offered to make gold plated ‘Thidambu’ and one of the sponsors is also there in that photograph. The WhatsApp message posted in that WhatsApp group by “Reji TKD” would show that a headload worker has contributed Rs.10,000/- and a lottery seller contributed a sum of Rs.5,000/- for renovating the ‘Thidambu’ of Thottakkad Sankaranarayana Swamy Temple. If, as a matter of fact, there is any collection of money from the devotees for the renovation of the ‘Thidambu’, which was sponsored by four devotees named in Ext.R5(3) request dated 31.01.2023, such collection of money either by the members of the Temple Advisory Committee or through the aforesaid sponsors will be in violation of the provisions of clause (9.3) of the Rules framed by the Board for the formation of Temple Advisory Committees in the temples under its management. 27. It is for the 1[st] respondent Board to conduct a detailed enquiry by its Vigilance Wing as to whether there was unauthorised collection of money from the devotees in connection with the renovation of gold plated ‘Thidambu’ of Thottakkad Sankaranarayana Swamy Temple, which was permitted to be undertaken on sponsorship by four devotees. -23- DBP No.87 of 2022 Based on the report of the Vigilance Wing, the 1[st] respondent Board shall take an appropriate decision on that aspect. With the above directions, this DBP is disposed of. Registry to communicate a copy of this order to the complainant for information. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** AV/- -24- DBP No.87 of 2022 ## **`APPENDIX OF DBP 87/2022`** ``` RESPONDENT ANNEXURES ANNEXURE-R1(A) ``` ``` TRUE COPY OF THE EXPLANATION DATED 15.12.2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT ``` ``` ANNEXURE-R1(B) ``` ``` EXHIBIT R5(1) EXHIBIT R5(2) ``` ``` TRUE COPY OF THE REPORT DATED 15.12.2022 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT COPY OF THE REPLY DATED 15/12/2022 THE TRUE COPY OF THE RETURNED REGD COVER ``` ``` EXHIBIT R5 (3) ``` ``` TRUE COPY OF THE REPRESENTATION DATED 31/1/2023 ```