Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit, Kerala State Audit Department, Travancore Devaswom Board Audit, and others

1 DBA No.10 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` WEDNESDAY, THE 15[TH] DAY OF NOVEMBER 2023 / 24TH KARTHIKA, ``` ``` 1945 ``` ``` DBA NO. 10 OF 2023 ``` ## **`PETITIONER:`** ``` TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695003 ``` ``` BY ADV G.BIJU ``` ``` RESPONDENTS: ``` - **`1 DEPUTY EXAMINER FOR LOCAL FUND AUDIT KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`2 SRI. G. AJAYAN AJAYAVILASOM, PATTANIMUKKU CHERUKULAM, ANCHAL, KOLLAM, PIN - 691305`** - **`3 SRI. SHIJU.V.S. SHIBU NIVAS, MULLARAVILA, PERUMBAZHUTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695126`** - **`4 SRI. MAHESH.K.M. KAKKIRISSERY VEEDU, NJARAKKAL.P.O., ERNAKULAM DISTRICT, PIN - 682505`** 2 DBA No.10 of 2023 - **`5 SRI. D. SURESH KUMAR SASTHAMPADIPPURA, VENGAVILA, IRINCHIYAM, NEDUMANGAD, THIRUVANANTHAPURAM,PIN - 695562`** - **`6 SRI. SAJAYAN.S. SANDHYA NIVAS, MULLARAVILA, PERUMBAZHUTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695126`** - **`7 SRI. UMESH KRISHNAN.R. KEEZHOTTU VEEDU, VILLUMALA.P.O., KULATHUPPUZHA, KOLLAM, PIN - 691310`** - **`8 SRI. RAJENDRAN.V.K. VELAPPARAMBIL VEEDU, MADAMAN PERUNADU, VADASSERIKKARA, PATHANAMTHITTA DISTRICT, PIN - 689711`** - **`9 SRI. AJIKUMAR.R. PUTHANVILAYIL VEEDU, NEAR TIMBER DEPO, KULATHUPPUZHA, KOLLAM, PIN - 691310`** - **`10 SRI. D. PRASAD ULLOOCHIRA, PONNAD.P.O., MANNANCHERY, ALAPPUZHA, PIN - 688538`** - **`11 SRI. SURESH.K.S. KEERAMBANAL VEEDU, KANIYAR.P.O., KODUMURI, ANCHUMUKKU, VADASSERIKKARA, PATHANAMTHITTA, PIN - 689662`** - **`12 T.V. MANOHARAN THEKKEVATTAIKKADU HOUSE, VEERUPAKKA, VAZHANI, THRISSUR, PIN - 680589`** - **`13 SRI. KALESH BABU CHUDUKATTIL PUTHANVEEDU, PUTHUKKUNDAM, KARTHIKAPPALLY.P.O., ALAPPUZHA, PIN - 690516`** - **`14 SRI. VISHNU MOHANAN VELAPPARAMBIL VEEDU, MADAMON PERUNADU, VADASSERIKKARA, PATHANAMTHITTA, PIN - 689711`** - **`15 SRI. V.P. SAHADEVAN VELAM PARAMBIL VEEDU, THENGUMKAVU.P.O., PULIMUKKU, PATHANAMTHITTA, PIN - 689646`** - **`16 SRI. RAJASEKHARAN.K. MADAMBATH, PAREKKALAM, AATHAVANADU.P.O., MALAPPURAM DISTRICT, PIN - 676301`** 3 DBA No.10 of 2023 - **`17 SRI. R. OMANAKUTTAN PUTHUVELIL MAHADEVIKKADU.P.O., KARTHIKAPPALLY, ALAPPUZHA, PIN - 690516`** - **`18 SRI. PRAVEEN.T.V. VELAPARAMBIL HOUSE, MADAMON.P.O., RANNI, PERUNADU, PATHANAMTHITTA, PIN - 689711`** - **`19 SRI. MOHANAN.V.T. VELAMPARAMBIL, MADAMOM.P.O., RANNI, PERUNADU, PATHANAMTHITTA, PIN - 689711`** - **`20 SRI. RAJEEV.S. KIZHAKKEPURAIKKAL, AAYAYIL, ARUVIPPURAM.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695126`** - **`21 SRI. AJITHKUMAR.S. PALANIKUNNATHIL, ADIMURIYIL ILAVAMTHITTA.P.O., PATHANAMTHITTA, PIN - 689625`** - **`22 ARUNDEVAN.S.R. PRIYANKA NIVAS, PULLAYIL, MARAYAMUTTOM.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695124`** - **`23 SRI. SASIDHARAN.V.K. VELAPPARAMBIL VEEDU, MADAMON, PERUNADU, PATHANAMTHITTA, PIN - 689711`** - **`24 SRI. SAJIN KRISHNA LAKSHMI VILASOM, PANTHAVILA KEELIYODE, PERUMBAZHUTHOOR.P.O., THIRUVANANTHAPURAM, PIN - 695126`** - **`25 SRI. MOHANAN.K. CHANDRAKANTHAM, THODIYOOR NORTH.P.O., KARUNAGAPPALLY, KOLLAM, PIN - 690523`** - **`26 SRI. SUNU.S. SANTHA SADHANAM, VIDHYANAGAR, H.S. JUNCTION, MARAYAMUTTOM, THIRUVANANTHAPURAM, PIN - 695124`** - **`27 P. JAYAKRISHNAN KRISHNAMANGALAM (KEEZHOOTTU VEEDU), AATTINU KIZHAKKEKARA, VILLUMALA.P.O., KULATHOOPUZHA, KOLLAM, PIN - 691310`** 4 DBA No.10 of 2023 ## **`OTHER PRESENT:`** ``` SRI S. RAJMOHAN - SR GOVERNMENT PLEADER; SRI ACHYUTH KYLAS - FOR R2 TO R18 AND R20; SRI ARUN CHANDRAN ``` ``` THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 DBA No.10 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** The Travancore Devaswom Board has filed this DBA pursuant to the directions contained in the judgment of this Court dated 02.11.2023 in W.P.(C)No.34852 of 2023. That writ petition was filed by one Asokan R. and 4 others, who had participated in the tender process pursuant to the notification dated 24.08.2023 issued by the Devaswom Commissioner, Travancore Devaswom Board, in respect of Balitharas in Pamba Manappuram for ‘Pithru Tharpanam’ during the Mandala-Makaravilakku festival season of 1199 ME (2023-24), seeking a writ of certiorari to quash Ext.P3 shortlist of candidates prepared pursuant to that tender notification. Further reliefs were also sought for in that writ petition. 2. By the judgment dated 02.11.2023, W.P.(C)No.34852 of 2023 was disposed of. Paragraphs 18 and 19 of that judgment read thus; “18. In such circumstances, this writ petition is disposed of by directing the 2[nd] respondent Devaswom Commissioner to publish a fresh shortlist of candidates in terms of Ext.P1 notification, by including 26 Purohits, who have secured 40% marks and above, i.e., 34 marks and above, as candidates eligible for participation in the tender process in the open auction for 19 Balitharas in Pamba Manappuram. The 2[nd] 6 DBA No.10 of 2023 respondent shall publish the revised shortlist by tomorrow (03.11.2023) and the open tender process shall be conducted on 06.11.2023 at 11.00 a.m. at the Devaswom Head Quarters, Thiruvananthapuram. Immediately after the preparation of revised shortlist, a copy of the same, along with the notice regarding the tender process, shall be communicated to the respective bidders in their e-mail ID and also in their mobile number provided in the tender documents. 19. After conducting the tender process, the Board shall file a DBA seeking permission to allot Balitharas to the respective Purohits. The said application shall be listed before the Bench on the very same day itself, in which the Purohits, who participated in the open tender shall be arrayed as the respondents.” 3. Pursuant to the directions contained in the judgment dated 02.11.2023 in W.P.(C)No.34852 of 2023, the Devaswom Commissioner published a fresh shortlist of candidates by including 26 Purohits, who had secured 40% marks and above, i.e., 34 marks and above, as candidates eligible for participation in the tender process, i.e., open auction for 19 Balitharas in Pamba Manappuram. After that tender process, the Devaswom Commissioner has issued Annexure A1 proceedings dated 06.11.2023, accepting the highest bids submitted by persons among respondents 2 to 27. This DBA is filed by Travancore Devaswom Board, seeking permission to allot Balitharas as per 7 DBA No.10 of 2023 Annexure A1 proceedings dated 06.11.2023 of the Devaswom Commissioner. 4. Heard the learned Standing Counsel for Travancore Devaswom Board for the petitioner, the learned Senior Government Pleader for the 1[st] respondent, Adv.Achuth Kylas, the learned counsel for respondents 2 to 18 and 20. We also heard the submissions of Adv.Arun Chandran, who appeared for the petitioners in W.P.(C)No.34852 of 2023, since a copy of this DBA was also served on the learned counsel. 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, 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. Chapter II of the Act deals with the Travancore 8 DBA No.10 of 2023 Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per subsection (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board. 7. 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 subsection (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. 8. 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 9 DBA No.10 of 2023 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. 9. 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. 10. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, conclusion is irresistible that, the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest in 10 DBA No.10 of 2023 the Travancore Devaswom Board. 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 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. 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. ## 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 11 DBA No.10 of 2023 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 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 12 DBA No.10 of 2023 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 direction contained in the judgment of this Court dated 22.03.2022 in W.P.(C)No.41546 of 2017 was with specific reference to the procedure that was being adopted by the Travancore Devaswom Board for selecting purohits for performing ‘Pithru Tharpanam’ on the banks of Pamba Manappuram during the Mandala-Makaravilakku festival season of 1199 ME. Paragraphs 11 to 13 of the said judgment read thus; “11. As stated in the statement filed on behalf of the Travancore Devaswom Board, during pilgrimage season, balitharpanam is conducted in Pamba Manalppuram, in 20 balitharas as per the layout prepared by the Maramath Wing of the Travancore Devaswom Board, which has already been approved by this Court. Every year, notification will be published inviting applications from qualified Purohits to conduct balitharpanam at Pamba Manalppuram. An interview Board consisting of the Devaswom Commissioner, the Temple Tantri, the Finance Commissioner, the Inspection Deputy Commissioner and a Purohit from Thiruvallam Devaswom, will interview the applicants and a list of qualified Purohits will be published in the order of merit, based on the marks secured in the interview. Auction of balitharas will be conducted every year, prior to pilgrimage 13 DBA No.10 of 2023 season, and those who are qualified in the interview can take part in the auction and the successful bidders will be permitted to conduct balitharpanam in the respective balitharas allotted to them. The recognised Purohit Certificate holders can also take part in the auction. 12. The learned counsel for the petitioner in the respective writ petitions and also the learned counsel for the party respondents would point out that, in the matter of allotment of balithara there is no reservation for Adivasis (Scheduled Tribes). The learned Standing Counsel for Travancore Devaswom Board would submit that, as stated in the statement filed on behalf of the Travancore Devaswom Board, no balithara is earmarked for any particular Sabha/ Association/person. 13. The procedure adopted by the Travancore Devaswom Board in auctioning balitharas in Pamba Manalppuram during pilgrimage season, with 20 balitharas as per the layout prepared by the Maramath Wing of the Board, which has already been approved by this Court, warrants no interference, in the absence of any vitiating circumstances pointed out by the learned counsel for the petitioner in the respective writ petitions and also the learned counsel for the party respondents. However, out of 20 balitharas one balithara shall be earmarked for Adivasis (Scheduled Tribes) from forest settlements in and around Sabarimala, to be specified in the notification published by the Board, in case applicants from those forest settlements are included in the list of qualified Purohits published after conducting the interview, who are willing to bid that balithara at an amount not less than that offered for other balitharas. The 14 DBA No.10 of 2023 notification inviting application from qualified Purohits to conduct balitharpanam at Pamba Manalppram shall be published in the 1st week of August, in which the eligibility criteria for Purohits and the documents required to be submitted along with the application shall be specified. The interview board consisting of the Devaswom Commissioner, the Tanthri, the Finance Commissioner, the Inspecting Deputy Commissioner and a Purohit from Thiruvallam Devaswom shall interview the candidates and publish a list of qualified Purohits, in the order of merit, based on the marks secured in the interview. The auction of balitharas shall be conducted, atleast three weeks prior to the commencement of the pilgrimage season, in which those Purohits who are qualified in the interview can participate. The successful bidders, who offer highest amount, shall be permitted to conduct balitharpanam in the respective balitharas at Pamba Manalppuram, during the pilgrimage season.” 13. As already noticed in the decision in **Rajani P. Kuttan** **[2021 (6) KHC 513]** only 60 major temples managed by the Travancore Devaswom Board are self-sufficient and the rest of the temples, out of 1250 temples, are being managed utilising the surplus income from Sabarimala Devaswom. 14. As already noticed in the judgment dated 02.11.2023 in W.P.(C)No.34852 of 2023, during the Mandala-Makaravilakku festival season of 1198 ME (2022-23), this Court issued various orders regarding crowd management and other issues in Nilakkal, 15 DBA No.10 of 2023 Pamba and Sannidhanam. As evident from the proceedings in that matter, the average footfall in most of the days during that festival season was around 1 lakh pilgrims and, in few days, it had even crossed above 1 lakh. The Board expects more pilgrims during Mandala-Makaravilakku festival season of 1199 ME. In such circumstances, there should be proper facilities for pilgrims to perform Balitharpanam in Pamba Manappuram, during the festival season. 15. Having considered the averments in the affidavit filed in support of this DBA and also the submissions made at the Bar, we deem it appropriate to grant permission to Travancore Devaswom Board to take further proceedings pursuant to Annexure A1 proceedings dated 06.11.2023, on condition that the entire action taken by the Board in terms of the notification dated 24.08.2023, in respect of auctioning of Balitharas in Pamba Manappuram for ‘Pithru Tharpanam’, during the MandalaMakaravilakku festival season of 1199 ME, will be subject to audit by the State Audit Department. The Board and its Vigilance wing headed by the Chief Vigilance and Security Officer shall ensure that Balitharpanam in the respective Balitharas are being performed, during the Mandala-Makaravilakku festival season of 16 DBA No.10 of 2023 1199 ME, strictly in terms of the terms and conditions in the tender notification dated 24.08.2023, by the respective Purohits, who are the successful bidders as per Annexure A1 proceedings dated 06.11.2023. 16. With the above observations, this DBA is disposed of. Registry to serve a copy of this order to the learned Amicus Curiae for Special Commissioner, Sabarimala, for information and necessary action. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** Yd 17 DBA No.10 of 2023 ``` APPENDIX OF DBA 10/2023 ``` ## **`PETITIONER’S ANNEXURES`** ``` Annexure A1 ``` ``` TRUE COPY OF ROC NO.43/2023/SAB DATED 06.11.2023 ISSUED BY THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD REGARDING THE STEPS TAKEN TO CONDUCT OPEN TENDER OF THE BALITHRA'S IN PAMBA MANAPPURAM IN COMPLIANCE WITH THE DIRECTIONS CONTAINED IN THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 34852.2023 ```