Travancore Devaswom Board – Sabarimala Special Commissioner Report – SM Report 22/22 – Report Regarding the Periodical Status Report of the Chief Vigilance Officer, Travancore Devaswom Board submitted as per the direction of the High Court in DBP No.2 of 2022 dated 14.02.2022 – Suo Motu Proceedings Initiated

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR`** ``` TUESDAY, THE 6[TH] DAY OF JUNE 2023 / 16TH JYAISHTA, 1945 SSCR NO.22 OF 2022 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA SPECIAL COMMISSIONER REPORT – SM REPORT 22/22 – REPORT ``` ``` REGARDING THE PERIODICAL STATUS REPORT OF THE CHIEF VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD SUBMITTED ``` ``` AS PER THE DIRECITON OF THE HON’BLE HIGH COURT IN DBP NO.2 OF 2022 DATED 14.02.2022 – SUO MOTU PROCEEDINGS ``` ``` INITIATED – REG. ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM - 695 001`** - **`2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM- 695 003`** - **`3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003`** - **`4 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE-VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003`** 2 SSCR No.22 of 2022 ``` 5 ADDL R5- THE JOINT DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM - 695 003 ``` ``` *ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 17.01.2023 IN SSCR 22/2022 ``` ``` BY ADV BIJU ``` ## **`OTHER PRESENT:`** ``` SRI G.BIJU- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD SRI S RAJMOHAN - SR GOVERNMENT PLEADER ``` ``` SRI N.RAGHURAJ- AMICUS CURIAE FOR SPL COMMISSIONER SABARIMALA SRI P RAMACHANDRAN- AMICUS CURIAE FOR DEVASWOM OMBUDSMAN ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.22 of 2022 ## **ORDER** ## **Anil K. Narendran, J.** The Special Commissioner, Sabarimala has filed this report 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 is 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 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. Paragraph 33 of the said order reads thus; “33. Having considered the pleadings and materials on record and also the submissions made by the learned Senior Government Pleader, the learned Standing Counsel for 4 SSCR No.22 of 2022 Travancore Devaswom Board and also the learned counsel for the additional 6[th] respondent, we deem it appropriate to dispose of this DBP with the following directions; (i) As expeditiously as possible, at any rate, within one month from the date of this order, the 2[nd] respondent shall obtain a list from the State Police Chief, of most efficient and upright Police Officers, from among those who have opted for deputation to the Vigilance Wing of the Travancore Devaswom Board. Based on the recommendation made by the State Police Chief, the 2[nd] respondent shall issue necessary orders, within a further period of two weeks, posting sufficient number of Police officers on deputation to the Vigilance Wing of the Board. (ii) Immediately on receipt of the request made by the Travancore Devaswom Board for posting a Police officer on deputation as Chief Vigilance Officer in its Vigilance Wing, the 2[nd] respondent shall obtain the name(s) of most efficient and upright Police officer(s) and thereafter issue necessary orders posting a Police officer as the Chief Vigilance Officer in the Vigilance Wing of the Board, on deputation. (iii) In order to ensure that the post of Chief Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board and also other posts in the Vigilance Wing, which are to be filled up by Police officers on deputation, are not lying vacant, at any point of time, the Travancore Devaswom Board is directed to forward requests to the 2[nd] respondent for deploying suitable incumbents on deputation, at least three months before the expiry of the term of deputation of the existing incumbents. Based on 5 SSCR No.22 of 2022 such request, the 2[nd] respondent shall obtain a list from the State Police Chief, of most efficient and upright Police officers from among those who have opted for deputation to the Vigilance Wing of the Travancore Devaswom Board. Based on the recommendation made by the State Police Chief, the 2[nd] respondent shall issue necessary orders posting sufficient number of Police officers on deputation to the Vigilance Wing of the Board and such orders shall be issued before the expiry of the period of deputation of the existing incumbents. (iv) The posting of Chief Vigilance Officer and other Police officers in the Vigilance Wing of the Travancore Devaswom Board shall be reported to the Special Commissioner, Sabarimala, by the Secretary of the Travancore Devaswom Board. On the posting of Chief Vigilance Officer in the Vigilance Wing of the Board, the Special Commissioner, Sabarimala, shall submit a report before this Court. (v) The Chief Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board shall submit periodical status reports of the cases, once in six months, to the Special Commissioner, Sabarimala. Such status reports of the Chief Vigilance Officer shall be placed before the Devaswom Bench, along with the report of the Special Commissioner. (vi) Regarding the corruption alleged in the submission of the fake food bills at Sabarimala Guest House and irregularities alleged in the construction of toilets, the Vigilance Wing of the Travancore Devaswom Board shall conduct inquiry and submit report before the Travancore Devaswom Board, within a period of four months, for 6 SSCR No.22 of 2022 necessary action. The outcome of such inquiry shall be reported to the Special Commissioner, Sabarimala, who shall file a report before the Devaswom Bench.” 2. On 10.02.2023, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that a status report on the action taken by the Board on the periodical status report of the Chief Vigilance and Security Officer shall be placed on record within two weeks. 3. Along with a memo dated 02.03.2022 of the learned Standing Counsel for Travancore Devaswom Board, an action taken report of the Board is placed on record along covering letter ROC No.11114/22/Vig. dated 06.02.2023 of the Secretary of the Board. 4. Heard the learned Senior Government Pleader for respondents 1 and 5 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4. 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. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 7 SSCR No.22 of 2022 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. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 6. 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 8 SSCR No.22 of 2022 Department. 7. 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. 8. 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. 9. 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 9 SSCR No.22 of 2022 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. 10. 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 10 SSCR No.22 of 2022 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. 11. 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 11 SSCR No.22 of 2022 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 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) 12. The Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs 12 SSCR No.22 of 2022 of Devaswoms under its management 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. 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 is 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. 13. 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, we deem it appropriate to dispose of this matter by 13 SSCR No.22 of 2022 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 shall 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. Registry to issue a complete set of this SSCR to the learned Ombudsman, within a period of one week along with a copy of this order. 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** MIN