SUO MOTU v. STATE OF KERALA

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 DBP NO. 98 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD ALLEGING – ILLEGAL ACTIVITIES BY CONDUCTING PRIVATE POOJA STALL IN VALLIYAMKAVU DEVI TEMPLE SUO MOTU PROCEEDINGS INITIATED – BASED ON A COMPLAINT DATED 28.09.2023 REG. – PETITIONER: SUO MOTU RESPONDENTS: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001 SUPERINTENDENT OF POLICE THODUPUZHA - PULIYANMALA ROAD, IDUKKI COLONY POST, CHERUTHONI, IDUKKI- 685 602 STATION HOUSE OFFICER PERUVANTHANAM POLICE STATION, PERUVANTHANAM P.O., IDUKKI - 685 532 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN- 695 003 DEVASWOM COMMISSIONER NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 8 PIN- 695 003 6 7 ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP, MUNDAKAYAM P.O, KOTTAYAM DISTRICT - 686 513 ADMINISTRATIVE OFFICER VALLIYAMKAVU DEVI TEMPLE, PALORKAVU P.O., PEERUMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI, PIN- 686 513 *ADDL.R8 P.N.PROMOD AGED 57 YEARS, S/O. NARAYANAN, PADINJATHARA HOUSE, KARIPPADAM P.O., VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. *ADDL.R9 SUNEESH K.S., AGED 37 YEARS, S/O. SURENDRAN, KATTUCHALIL HOUSE, KODIKUTHY KARA, KOKKAYAR MELORAM, PERUVANTHANAM P.O., PEERMADE TALUK, IDUKKI DISTRICT-685 532 *ADDL.R10 P.T. VISWANATHAN, PERUMALIL, VALLIYAMKAVU - 686 513 *ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 8 TO 10 VIDE ORDER DATED 09/10/2023 IN DBP.NO.98/2023 BY ADVS.S.JAYAKRISHNAN SUKUMARAN NAIR S.PARAMESWARA PRASAD(K/449/2014) THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH DBP.25 of 2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 DBP NO. 20 OF 2024 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD VALLIYAMKAVU – DEVI TEMPLE – COMPLAINT DATED 19.02.2024 SUBMITTED BY ONE – SATHEESH T. – SUO MOTU PROCEEDINGS INITIATED REG. – PETITIONER: SATHEESH T THEKKEDATH VEEEDU, PALOORKAVU P.O PALOORKAVU,IDUKKI DISTRICT BY ADV NIL RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM -PIN- 695003. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695003. JOINT DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 10 5 6 DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695003 ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP, MUNDAKKAYAM P.O, KOTTAYAM DISTRICT-686513 ADMINISTRATIVE OFFICER VALLIYAMKAVU DEVI TEMPLE, PALOORKAVU P.O, PEERUMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI, PIN 686 513 THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH DBP.25 of 2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 DBP NO. 125 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD VALLIYAMKAVU – DEVI TEMPLE – ALLEGING VARIOUS IRREGULARITIES IN VALLIYAMKAVU DEVI TEMPLE – SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLIANT DATED 14.11.2023 SUBMITTED BY ONE RAJEEV REG. – PETITIONER: SUO MOTU RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM 695 003 DEVASWOM COMMISSIONER NANTHANCODE, KOWDIR POST, THIRUVANANTHAPURAM 695 003 ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP, MUNDAKAYAM P.O., KOTTAYAM DISTRICT 686 513 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 12 5 ADMINISTRATIVE OFFICER VALLIYAMKAVU DEVI TEMPLE, PALOORKAVU P.O., PEERUMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI 686513 *ADDL.R6 THE STATION HOUSE OFFICER PERUVANTHANAM POLICE STATION, IDUKKI, PIN-685 532 *IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 12.12.2023 IN DBP.NO.125 of 2023 THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH DBP.25 of 2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 13 Anil K. Narendran, J. ORDER The issues raised in these DBPs relate to Valliyamkavu Devi Temple, a temple under the management of Travancore Devaswom Board. Therefore, these DBPs are heard together and disposed of by this common order.

2. DBP No.25 of 2023:- This DBP is registered based on Report No.4 of 2023 of the learned Ombudsman in DBP No.38 of

2022. That DBP was registered suo motu, vide proceedings dated

29.07.2022, based on various complaints received regarding sale of Vazhipadu in Valliyamkavu Devi Temple under Mundakkayam Group of the Travancore Devaswom Board. The three complaints received from the devotees of Valliyamkavu Devi, alleging irregularities in the sale of Vazhipadu Valliyamkavu Devi Temple, were ordered to be enclosed along with that DBP.

2.1. By the order dated 23.08.2022, DBP No.38 of 2022 was disposed of on a finding that a detailed enquiry by the learned Ombudsman is required on the irregularities alleged in those complaints. Paragraphs 5 to 7 and also the operative portion of DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 14 that order read thus; “5. In the complaints filed by the devotees of Valliyamkavu Devi, it is alleged that there are serious irregularities in the sale of Vazhipadu items in Valliyamkavu Devi Temple, which is under the management of the Travancore Devaswom Board. The sale of pooja items in unauthorised stalls in front of Valliyamkavu Devi Temple is the subject matter in W.P.(C)No.19896 of 2021 and DBP.No.32 and connected matters. Pursuant to the directions issued by this Court, the Travancore Devaswom Board has opened a stall near the culvert leading to Valliyamkavu Devi Temple for the sale of Vazhipadu items. As per the affidavit filed by the 6th respondent Administrative Officer, all pooja items required for Vazhipadu in Valliyamkavu Devi Temple are available in the Devaswom pooja stall and the rate of each item is exhibited in the temple premises and also near the culvert leading to the temple, in the boards erected by the 6th respondent.

6. In paragraphs 6 to 13 of the affidavit, the 6th respondent Administrative Officer has pointed out that there is absolutely no irregularity in the sale of Vazhipadu items in Valliyamkavu Devi Temple and proper receipts are being issued to the devotees after collecting the requisite amount. From the affidavit, it is seen that, the 6th respondent is collecting certain amounts towards supplier cost in respect of Vazhipadu items. According to the 6th respondent, the Board has already sanctioned collection of supplier cost in respect of such Vazhipadu items. DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 15

7. Having considered the averments in the three complaints, which form part of this DBP and also that contained in the affidavit filed by the 6th respondent, we find that a detailed enquiry by the learned Ombudsman for Travancore and Cochin Devaswom Boards is required on the irregularities alleged in the said complaints. In such circumstances, this DBP is disposed of by referring the complaints, which form part of this DBP, to the learned Ombudsman for Travancore and Cochin Devaswom Boards for a detailed enquiry with notice to respondents 4 to 6 and also to the Temple Advisory Committee of Valliyamkavu Devi Temple. It would be open to the learned Ombudsman to conduct an inspection at Valliyamkavu Devi Temple, if found necessary, during the course of enquiry. After the culmination of the enquiry, the report of the learned Ombudsman shall be placed before the Devaswom Bench for appropriate orders.”

2.2. After conducting enquiry, the learned Ombudsman submitted Report No.4 of 2023. Paragraphs 5 to 11 and also the last paragraph of that report read thus; “5. The Temple is situated in a deserted area amidst a rubber estate, 15 Kms. away from Mundakkayam town. As per the complaint, unauthorised vendors in the premises of the Temple, who are the main agents, compel the devotees to purchase the vazhipadu articles from their stalls thereby making money out of it. As per the counter affidavit filed by the Administrative Officer all the unauthorised traders who DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 16 were canvassing the devotees were evicted from the periphery of the Temple with the help of police and Panchayat authorities, all the stalls erected by them were removed and new pooja stall was opened in the Devaswom property on the northern side of the steps to the Temple under the control of the Travancore Devaswom Board from where devotees can purchase all pooja articles. I was told that the Vazhipadus of the Temple and its rate are exhibited in the Temple premises as well as on the way to the Temple near the culvert on big boards. The vazhipadu items and ingredients are procured by the Administrative Officer. Parking facilities are also made available in the backyard of the Temple. Toilet facilities are also available there. The 6th respondent has no personal knowledge about the allegations raised against the Keezhsanthi. Now there are no stalls other than the stall run by the Devaswom authorities in the temple premises. As such this complaint stands redressed.

6. The next complaint is that the present Keezhsanthi Sri. Unnikrishnan unjustifiably canvasses the devotees and takes them to his private rented house for performing witch-craft and making money. I asked him about this and he denied the allegation. Neither the complainant nor others were present to give any statement supporting this allegation. When interacted with the Assistant Commissioner, Sri. Prakash, I am told that the Keezhsanthi has already completed a period of three years in this Temple and due for transfer as per the norms. Subsequently, he has been transferred to another temple as per the report dated

31.1.2023. It is for the Honourable High Court to consider DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 17 all the above facts and pass orders if found necessary.

7. For the Special vazhipadus conducted in the Temple like Chem Guruthi, Vellam kudi, Nada Guruthi and Valiya Guruthi, special tickets are provided with rates printed. This was shown to me by the audit party also. The special ticket for each special Vazhipadu, the muthalkkootu and cost of pooja articles supplied by the Administrative Officer for claiming supplier cost is separately tabled by the Audit in Annexure II of the report filed. It is found that formal amount is collected for the Vazhipadu; but when pooja articles are supplied by the devotee, the same is not reflected in the receipt. I discussed with the Officers concerned as also with the Audit. It is for consideration whether the materials if any, brought by the devotees can be valued separately. In this connection, the following facts are brought to notice of the Honourable High Court. The small quantity for each Vazhipadu consists of different ingredients like raisins, kalkandam etc. In the present set up, it may not be possible to weigh and record the items especially when there is huge crowd on Tuesdays and Fridays. Further, Devaswom authorities are not insisting or requiring any materials to be brought by the devotees. Further, if the devotees bring materials it may vary in quality and quantity and since the Vazhipadu Nivedyam are prepared in bulk quantity, the quality of the Vazhipadu items may be affected if the materials brought by the devotees are mixed for preparation of Vazhipadu Prasadam. Hence, as agreed by all, the present system can continue and all materials brought by the devotees can be collected and can be taken item-wise DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 18 and put to auction and deposited in the Devaswom Account. However, Devaswom Board can consider any other alternative and find an administrative solution regarding as to how the value of the articles received from the devotees can be reduced from the Vazhipadu rate. The concrete suggestion regarding the procedure in case it is accepted has to come from the Devaswom Board as the practical side of it has also to be considered by them.

9. As regards the special vazhipad Valiya Guruthi, DFF No.6 receipt is given for the Vazhipadu and this is booked well in advance. Hence necessarily, there is no scope for excluding the cost of the materials, if any. brought by the devotees at the time of booking. The Audit has given the amount collected as supplier cost by different Administrative Officers. The conclusion in Para 4 of the Audit report only suggests for erecting a permanent structure depicting the details regarding the vazhipads and in order to avert any complaints in future, to consider a direction to the Devaswom Vigilance to conduct surprise inspection.

10. The Devaswom Commissioner, in his letter dated

25.1.2023 (copy enclosed) has stated that instructions have been given for exhibiting the boards depicting the details regarding the Vazhipadu, the amount collected etc.

11. As regards the surprise visit to be made by the Vigilance, the Devaswom Commissioner has already addressed the Superintendent of Police, Vigilance, in this regard. The other allegations raised in the anonymous petition are not supported by any evidence on record However, surprise visit by Vigilance as recommended by the Audit and ordered by DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 19 the Commissioner may improve the situation. Hence, except in the case of Valiya Guruthi booked in advance, all other Vazhipadu items for which tickets are issued then and there, the total cost of the materials supplied by the devotees whether to be excluded is to be considered and the Assistant Commissioner, Mundakkayam has already sent a letter to the Devaswom Commissioner, in this behalf. The Commissioner, however, has not made any remark regarding the said suggestion. Hence appropriate direction may Devaswom Commissioner/Devaswom Board suggestions made by the Officer.” for considering

2.3. On 10.04.2023, when this DBP came up consideration, the learned Senior Government Pleader entered appearance for respondents 1 and 8 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 7. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

2.4. By the order dated 04.07.2023, the Station House Officer, Peruvanthanam Police Station was suo motu impleaded as the additional 9th respondent and the learned Senior Government Pleader entered appearance for the said respondent. By that order, the police were directed to conduct periodical inspection, in order DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 20 to ensure that there are no unauthorised pooja stalls near Valliyamkavu Devi Temple. In case of any law and order issues, the 6th respondent Administrative Officer was directed to submit a complaint and the additional 9th respondent Station House Officer was directed to take necessary action.

2.5. On 03.10.2023, when this DBP came up consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that Sri. Unnikrishnan, 'Keezhsanthi' of Valliyamkavu Devi Temple, has already been transferred to another temple on 31.01.2023. Since the term of 'Melsanthi' is one year, 'Melsanthi' has also been transferred and a new 'Melsanthi' has already taken charge. Boards have already been erected in the temple premises and also in front of 'vazhipadu' counter, exhibiting the rate of vazhipadu and that the rate is inclusive of pooja articles and as such the devotees need not bring such articles or purchase it from other stalls. The learned Standing Counsel submitted that a few photographs of those boards erected in the temple premises and in front of the 'vazhipadu' counter shall be made available for the perusal of this Court, by the next posting date. DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 21

3. DBP No.79 of 2023:- This DBP is registered suo motu, vide proceedings dated 18.08.2023, based on a complaint dated

14.04.2023, received from a devotee, by name, Vinod, alleging corruption and malpractices against the Devaswom staff of Valliyamkavu Devi Temple.

3.1. On 19.09.2023, when this DBP came up consideration, this Court issued notice to the complainant by speed post, returnable within four weeks. The learned Standing Counsel for Travancore Devaswom Board submitted that an affidavit on behalf of the 2nd respondent Board shall be placed on record before the next posting date.

3.2. On 04.12.2023, the complainant entered appearance through counsel, who sought time to place on record a video clipping in support of the corruption and malpractices alleged against the Devaswom staff of Valliyamkavu Devi Temple. On

20.12.2023, when this DBP came up for consideration, this Court viewed the photographs and video clippings. The learned counsel on both sides have also viewed the same. Along with a memo dated 06.02.2024, the learned counsel for the complainant has placed on record photographs, video clippings and audio clippings DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 22 in a sealed cover.

3.3. Vide proceedings dated 27.03.2024, a complaint dated

08.02.2024 made by one Vinu Viswanathan and another complaint dated 13.03.2024 made by one Sunil Thekkedath pointing out various irregularities in Valliyamkavu Devi Temple, were directed to be incorporated in this DBP. On 02.04.2024 when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions on those complaints.

4. DBP No.98 of 2023:- This DBP is registered suo motu, vide proceedings dated 05.10.2023, based on a complaint dated

28.09.2023 filed by one Baiju, pointing out certain illegal activities by conducting a private pooja stall in Valliyamkavu Devi Temple, by one Pramod and Suneesh. Along with that complaint, the complainant has enclosed a few photographs.

4.1. On 06.10.2023, when this DBP came up consideration, from the submissions made at the Bar, we noticed that the person, by name, Pramod, referred to in the complaint, was the 11th respondent in DBP No.32 of 2022 and the 10th respondent in W.P.(C)No.3525 of 2022. The person, by name, DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 23 Suneesh, was the petitioner in W.P.(C)No.19896 of 2021, which was disposed of by the decision reported as Suneesh K.S. v. Travancore Devaswom Board [ILR 2022 (1) Ker. 1091] 611]. In the complaint dated 28.09.2023 filed by Baiju, it is alleged that, despite judgment of this Court W.P.(C)No.19896 of 2021, the said Suneesh is yet to pay the balance bid amount in respect of the Kuthaka right to conduct the pooja stall in Valliyamkavu Devi Temple for the year 2020-21.

4.2. By the order dated 06.10.2023, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions from the 6th respondent Assistant Commissioner, as to whether the defaulted amount is yet to be recovered from Suneesh, the Kuthaka holder. The learned Standing Counsel was also directed to get instructions from the 7th respondent Administrative Officer, with specific reference to the photographs enclosed along with the complaint dated 28.09.2023 of the Thattams used for offering the Vazhipadu items and the envelope, the average monthly collection in the Devaswom pooja stall at Valliyamkavu Devi Temple for the last one year.

4.3. By the order dated 06.10.2023, the 2nd respondent DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 24 Superintendent of Police, Idukki was directed to depute a competent police officer to conduct a discreet enquiry on the complaint dated 28.09.2023, immediately on receipt of a copy of this order along with the complaint and its enclosures, through the learned Senior Government Pleader. The report of the 2nd respondent was directed to be placed on record on the next posting date.

4.4. On 09.10.2023, when this DBP came up consideration, the learned Senior Government Pleader made available for the perusal of this Court the enquiry report dated

08.10.2023 of the Deputy Superintendent of Police, Kattappana. Having perused the materials on record and also the enquiry report dated 08.10.2023, this Court impleaded Sri. P.N.Pramod, Sri.Suneesh K.S. and Sri. P.T.Viswanathan as additional respondents 8 to 10 in this DBP and ordered notice by speed post to the said respondents. In that order, this Court issued various directions to protect the interest of devotees. Paragraphs 17 and 18 of the order dated 09.10.2023 read thus; “17. In the judgment/order dated 28.03.2023 in W.P.(C) No.3525 of 2022 and DBP No.32 of 2022, it was ordered that if there occur any unauthorised sale of pooja items and DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 25 flower garlands in front of or near Valliyamkavu Devi Temple, the Administrative Officer shall bring the same to the notice of the Secretary of the Peruvanthanam Grama Panchayat and also the Station House Officer, Peruvanthanam Police Station in which event the Secretary of the Grama Panchayat and also the Station House Officer shall take necessary action in accordance with the directions contained in the judgment of this Court in Suneesh K.S v. Travancore Devaswom Board and others [ILR 2022 (1) Kerala 1091]. Stern action shall be taken against the traders, who are misleading the devotees, using the name of Valliyamkavu Devi Temple or the deity.

18. Having considered the submissions made by the learned Senior Government Pleader and the learned standing Counsel for Travancore Devaswom Board, we deem it appropriate to direct the 6th respondent Assistant Devaswom Commissioner and the 7th respondent Administrative Officer to exhibit notice boards at the Devaswom pooja stall and near the culvert on the side of Valliyamkavu-Thekkemala Road, in the Devaswom land in between the steps and the jeep road leading to the temple, to inform the devotees that vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of vazhipadu items and as such the devotees need not bring or purchase vazhipadu items separately. The 2nd respondent Superintendent of Police, Idukki and the 3rd respondent Station House Officer, Peruvanthanam Police Station shall take necessary steps to ensure that the devotees of Valliyamkavu Devi Temple are not being exploited by additional respondents 8 to 10 or others, by DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 26 forcing the devotees to purchase vazhipadu items, since vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of vazhipadu items. In case the additional 8th respondent or any other person is accepting money orders in the name of Valliyamkavu Devi Temple or gold and silver articles offered by the devotees to Valliyamkavu Devi, the police shall take stern action against such persons. It is for the 6th respondent Assistant Commissioner and the 7th respondent Administrative Officer to bring such issues to the notice of 2nd respondent Superintendent of Police, Idukki and the 3rd respondent Station House Officer, Peruvanthanam Police Station. The Travancore Devaswom Board shall issue an advisory to the devotees of Valliyamkavu Devi on the above aspects, through print and visual media.”

4.5. Along with the memo dated 10.10.2023 of the learned Senior Government Pleader, the report dated 08.10.2023 of the Deputy Superintendent of Police, Kattappana, who is in charge of Peermedu Sub Division, was placed on record along with its enclosures. Vide proceedings dated 10.11.2023, another complaint dated 16.10.2023 made by Baiju regarding certain illegal activities by the Watcher of Valliyamkavu Devi Temple was directed to be incorporated in this DBP.

4.6. An affidavit dated 19.10.2023 sworn to by the 2nd respondent District Police Chief, Idukki is placed on record, DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 27 wherein it is stated that the 8th respondent Promod is involved in two crimes registered at Peruvanthanam Police Station, i.e., Crime No.14/2019 and Crime No.748/2020 in connection with issues relating to Valliyamkavu Devi Temple area and those cases are pending trial as C.C.Nos.301/2021 and 123/2021 before the Judicial First Class Magistrate Court-II, Peermedu. While working in the pooja stall of the 10th respondent Viswanathan, the apparels of Promod are Kavi Dhoti and shawl and he wears a Rudrakshamaala. Promod has also admitted that devotees from various places in Kerala contact him over phone to enquire about the pooja timings of Valliyamkavu Devi Temple.

4.7. Additional respondents 8 and 10 have filed a counter affidavit dated 24.11.2023 denying the allegations in the complaint. The said counter affidavit was followed by an additional counter affidavit dated 08.12.2023 producing therewith Exts.R8(a) to R8(d) documents.

4.8. By proceedings dated 06.02.2024, Registry was directed to incorporate another complaint dated 25.01.2024 made by one Subin in the judges’ papers of this DBP, after serving a copy of the same to the learned Senior Government Pleader, the DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 28 learned Standing Counsel for Travancore Devaswom Board and the respective counsel for respondents 8 and 10. In that complaint various allegations have been made against the 10th respondent Viswanathan.

5. DBP No.125 of 2023:- This DBP is registered suo motu vide proceedings dated 22.11.2023, based on a complaint dated

14.11.2023 made by a devotee, by name, Rajeev, pointing out various irregularities in Valliyamkavu Devi Temple.

5.1. On 27.11.2023, when this DBP came up consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. By the order dated 12.12.2023, the Station House Officer, Peruvanthanam Police Station was suo motu impleaded as the additional 6th respondent and the learned Senior Government Pleader entered appearance for the said respondent, who sought time to get instructions regarding the complaint dated 09.11.2023 made by one Rahul Rajendran, a devotee of Valliyamkavu Devi Temple, before the Station House Officer, Peruvanthanam.

6. DBP No.5 of 2024:- This DBP is registered suo motu, vide proceedings dated 06.01.2024, based on a complaint dated DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 29

01.12.2023 made by one Vinod, who is the complainant in DBP No.79 of 2023, regarding the creation of a WhatsApp Group – ‘Valliyamkavu Group’ by one Santhosh. In that WhatsApp Group, the photograph of the ‘Naalambalam’ of Valliyamkavu Devi Temple has also been posted. In the complaint, it is alleged that the WhatsApp Group contains around 600 members. A ‘YouTube’ channel has also been created in the name of the temple and thus illegally collecting amounts from the devotees. Though the temple is under the management of Travancore Devaswom Board, the amounts are collected in the name of the family members of the aforesaid Santhosh.

6.1. On 09.01.2024, when this DBP came up consideration, the learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

6.2. On 23.01.2024, when this DBP came up consideration, the learned Standing Counsel for Travancore Devaswom Board submitted the 6th respondent Administrative Officer has submitted a report dated 16.01.2024 before the 5th respondent Assistant Devaswom Commissioner to DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 30 conduct an enquiry on the aforesaid complaint, by the Devaswom Vigilance. The learned Standing Counsel sought time to get instructions on the actions, if any, taken by the Board on the said report of the Administrative Officer.

7. DBP No.20 of 2024:- This DBP is registered suo motu, vide proceedings dated 23.02.2024, based on a complaint made by one Satheesh T., a devotee of Valliyamkavu Devi Temple, wherein it is stated that the Administrative Officer of Valliyamkavu Devi Temple is collecting huge amount from the devotees in the name of Vazhipadu, without issuing receipts for the same. The Administrative Officer is proposing to form a committee with five persons to conduct the temple festival. In the complaint, it is stated that all amounts received by way of sponsorship and other amounts collected in connection with the temple festival have to be audited.

7.1. On 23.02.2024, when this matter came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

8. On 04.04.2024, when DBP No.20 of 2024 came up for DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 31 consideration along with connected matters, Administrative Officer of Valliyamkavu Devi Temple was personally present in Court. The learned Standing Counsel for Travancore Devaswom Board made available for the perusal of this Court two photographs of the temple premises. The submission of the learned Standing Counsel was that the temple premises has already been cleaned and it is being kept clean and tidy. The temple festival is scheduled to commence on 08.04.2024. Ponkala is on 10.04.2024 and the Meena Bharani day and Prathisthta Varshikam is on 12.04.2024. The Board has already taken necessary steps for conducting the temple festival Departmentally. Six additional Devaswom employees will be deployed during the festival days and six more employees will be deployed on

10.04.2024 and 12.04.2024. The learned Senior Government Pleader sought time to get instructions from the Station House Officer, Peruvanthanam Police Station as to the nature of the licence obtained by the 10th respondent in DBP No.98 of 2023 for conducting a stall near the temple premises with parking facility. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether any request has been DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 32 made by the Administrative Officer, Valliyamkavu Devi Temple for disposal of Pooja items kept in the godown of the temple.

9. Heard learned counsel petitioner/complainant in DBP No.79 of 2023 and the learned Senior Government Pleader for the State and its official respondents, learned Standing Counsel for the Board and its officials and the learned counsel for the party respondents.

10. 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. Clause (a) of Section 2 of the Act defines the term ‘Board’ to mean the TDB constituted under Chapter II of the Act in accordance with the covenant. Clause (c) of Section 2 defines the term ‘incorporated Devaswoms’ to mean the Devaswoms mentioned in Schedule I, DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 33 and ‘unincorporated Devaswoms’ to mean those Devaswoms including Hindu Religious Endowments whether in or outside Travancore which were under the management of the Ruler of Travancore and which have separate accounts of income and expenditure and are separately dealt with.

11. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the 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.

12. Section 15 of the Act deals with vesting of jurisdiction DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 34 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.

13. 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 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 35 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.

14. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community.

15. Section 27 of the Act deals with Devaswom properties. As per Section 27, immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 36 such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30th Meenam, 1097 corresponding to the 12th April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 (IV of 1091) shall be applicable to Devaswom lands as in the case of Government lands. 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.

16. In Ram Mohan Das v. Travancore Devaswom Board and others [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 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 37 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.

17. 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 duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner 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 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, DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 38 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 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 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 39 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)

18. 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 are required 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 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 40 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.

19. 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] 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 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 therefore is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957 viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. Therefore, when a DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 41 complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings.

20. 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: “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 DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 42 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)

21. In Suo Motu v. State of Kerala and others [2022 (2) KHC 411] this Court held that, in view of the provisions under DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 43 the Travancore-Cochin Hindu Religious Institutions Act and also the law laid down in the decisions referred to supra, the 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. 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. The 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. Any such wrongful claims, theft or DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 44 misappropriation with the passive or active collusion of the authorities concerned, which are acts of 'fences 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.

22. The complaints, which are the subject matter in DBP No.25 of 2023 and connected matters relate to Valliyamkavu Devi Temple. Based on the directions contained in the order of this Court dated 23.08.2022 in DBP No.38 of 2022, the learned Ombudsman conducted an enquiry on the complaints referred to in that order and submitted Report No.4 of 2023. In the complaint dated 28.09.2023, which is the subject matter in DBP No.98 of 2023, it is alleged that the additional 8th respondent Promod, who is conducting a ‘pooja stall’ in a private property near Valliyamkavu Devi Temple is exploiting the devotees by selling items at an exorbitant price and collecting huge amounts from the devotees for performing vazhipadu in the temple. He has been conducting the pooja stall of Valliyamkavu Devi Temple for the last several years, as a kuthaka holder. During the year 2020-21, the kuthaka DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 45 holder was additional 9th respondent Suneesh, for Rs.35 Lakhs, who is a benami of Promod. Suneesh defaulted payment of the balance bid amount. He is yet to make payment of the said amount, despite the direction contained in the judgment of this Court in W.P.(C)No.19896 of 2021. Pramod accepts money orders in the name of the temple and also gold and silver articles offered by the devotees to Valliyamkavu Devi. He is diverting the vehicles coming to Valliyamkavu Devi Temple to his ‘pooja stall’, wearing ‘kaavi dress’ and cheating the devotees. A screenshot of one of the photographs produced along with the complaint dated 28.09.2023, which was reproduced in the order of this Court dated 09.10.2023 in DBP No.98 of 2023 is reproduced hereunder; DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 46

23. Pursuant to the directions contained in the order dated

06.10.2023 in DBP No.98 of 2023, the 2nd respondent District Police Chief, Idukki conducted a discreet enquiry on the complaint dated 28.09.2023, through the Deputy Superintendent of Police, Kattappana, who is in charge of Peerumedu Sub-division. The report dated 08.10.2023 is placed on record along with the memo dated 10.10.2023 of the learned Senior Government Pleader.

24. In the enquiry report dated 08.10.2023 of the Deputy Superintendent of Police, Kattappana it is stated that the licensee of the ‘stationery and flower shop’ is additional 10th respondent Viswanathan, who appointed additional 8th respondent Pramod as his helper. While working in the pooja stall, the apparels of Pramod are kaavi dhoti and shawl and he also wears a Rudrakshamaala. Pramod also admitted that devotees/visitors from various places in Kerala contact him over the phone to enquire about the pooja timings of Valliyamkavu Devi Temple. As per the enquiry report the said Pramod is involved in two crimes registered at Peruvanthanam Police Station, i.e., Crime No.14/2019 registered for the offence punishable under Sections 468, 471, 500 and 34 of the Indian Penal Code and Section 67 of Information Technology DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 47 Act, 2000 and Section 120 of Kerala Police Act, 2011; and Crime No.748/2020 registered for offences punishable under Sections 341, 294(b), 323 and 34 of Indian Penal Code in connection with the issues related to Valliyamkavu Devi Temple area and the said cases are undergoing trial before the Judicial First Class Magistrate Court II, Peermedu. In the discreet enquiry, the complainant by name Baiju, Padikkal, Mundakayam could not be traced out. The Deputy Superintendent of Police, Kattappana recorded the statements of Pramod and others, which are enclosed along with enquiry report dated 08.10.2023.

25. On 09.10.2023, the learned Standing Counsel for Travancore Devaswom Board pointed out that vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of vazhipadu items and as such the devotees need not bring or purchase vazhipadu items separately. The learned Standing Counsel has handed over a few photographs of the notice board exhibited in the vazhipadu counter and the price list of vazhipadu items. Those photographs, which were reproduced in the order dated

09.10.2023, are reproduced hereunder; DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 48

26. By a detailed order dated 09.10.2023 in DBP No.98 of DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 49 2023, this Court directed the 6th respondent Assistant Devaswom Commissioner and the 7th respondent Administrative Officer to exhibit notice boards at the Devaswom pooja stall and near the culvert on the side of Valliyamkavu-Thekkemala Road, in the Devaswom land in between the steps and the jeep road leading to the temple, to inform the devotees that vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of vazhipadu items and as such the devotees need not bring or purchase vazhipadu items separately. The 2nd respondent Superintendent of Police, Idukki and the 3rd respondent Station House Officer, Peruvanthanam Police Station were directed to take necessary steps to ensure that the devotees of Valliyamkavu Devi Temple are not being exploited by additional respondents 8 to 10 or others, by forcing the devotees to purchase vazhipadu items, since vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of vazhipadu items. In the order dated 09.10.2023, it was made clear that, in case the additional 8th respondent or any other person is accepting money orders in the name of Valliyamkavu Devi Temple or gold and silver articles offered by the devotees to Valliyamkavu Devi, the police shall take stern action against such DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 50 persons. It is for the 6th respondent Assistant Commissioner and the 7th respondent Administrative Officer to bring such issues to the notice of 2nd respondent Superintendent of Police, Idukki and the 3rd respondent Station House Officer, Peruvanthanam Police Station. The Travancore Devaswom Board was directed to issue an advisory to the devotees of Valliyamkavu Devi on the above aspects, through print and visual media.

27. In the order dated 06.10.2023 in DBP No.98 of 2023, this Court noticed the allegation contained in the complaint dated

28.09.2023 that despite the judgment of this Court W.P.(C)No.19896 of 2021 the additional 9th respondent Suneesh is yet to pay the balance bid amount in respect of Kuthaka right to conduct pooja stall in Valliyamkavu Devi Temple for the year 2020-

28. On 09.10.2023, when DBP No.98 of 2023 came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that additional 9th respondent Suneesh K.S., who was the petitioner in W.P.(C)No.19896 of 2021, is yet to make payment towards the defaulted bid amount in respect of Kuthaka right to conduct pooja stall in Valliyamkavu DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 51 Devi Temple for the year 2020-21, despite the decision of this Court in Suneesh K.S. [ILR 2022 (1) Ker. 1091] and the dismissal of S.L.P(C)No.2051 of 2022 by the Apex Court on

07.02.2022. The learned Standing Counsel sought time to get instructions as to whether any recovery proceedings have been initiated against the said Suneesh and if not, the reason for not taking recovery proceedings against the said defaulter and whether he is a Kuthaka holder in any temples under the management of the Travancore Devaswom Board.

29. The allegations contained in the complaints which are the subject matter in DBP Nos.125 of 2023, 5 of 2024 and 20 of 2024 would show that the directions issued in the orders of this Court are not complied with in letter and spirit by the Travancore Devaswom Board and its officials. Though the vazhipadu rates in Valliyamkavu Devi Temple are inclusive of the price of the vazhipadu items, even now devotees are purchasing vazhipadu items from stalls other than the pooja stall in Valliyamkavu Devi Temple and those items are not being properly accounted. The allegations contained in the complaints also relate to auctioning of brass lamps and other items offered by the devotees in DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 52 Valliyamkavu Devi Temple, permitting entry through the Devaswom land to the property of the neighbouring land owners, by providing wicket gate, etc.

30. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of these DBPs, by directing the Travancore Devaswom Board and its officials namely, the Devaswom Commissioner, the Deputy Devaswom Commissioner, Pathanamthitta, the Assistant Devaswom Commissioner, Mundakkayam and the Administrative Officer, Valliyamkavu Devi Temple to take necessary steps to ensure strict compliance of the directions contained in the order of this Court dated 09.10.2023 in DBP No.98 of 2023, in letter and spirit, to ensure that the devotees of Valliyamkavu Devi Temple are not being exploited by any person by forcing the devotees to purchase vazhipadu items, since the vazhipadu rates collected in the pooja stall of the Travancore Devaswom Board are inclusive of the price of vazhipadu items. The Deputy Devaswom Commissioner and the Assistant Devaswom Commissioner shall take necessary steps to ensure that brass lamps and other items offered by the devotees DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 53 in Valliyamkavu Devi Temple are properly accounted by the Administrative Officer of the temple and that any wicket gate or opening, permitting entry to the property of the neighbouring land owners, through the Devaswom land is closed, forthwith. The Superintendent of Police, Idukki and the Station House Officer, Peruvanthanam Police Station shall take necessary steps to ensure that the devotees of Valliyamkavu Devi Temple are not being exploited by any traders, by forcing them to purchase vazhipadu items or by accepting money orders in the name of Valliyamkavu Devi Temple or gold and silver articles offered by the devotees to Valliyamkavu Devi. Regarding the WhatsApp Group by name ‘Valliyamkavu Group’ by one Santhosh in which the photograph of the Nalambalam of Valliyamkavu Devi Temple has also been posted, the Administrative Officer has submitted a report dated

16.01.2024 before the Assistant Devaswom Commissioner. The Assistant Devaswom Commissioner shall take further steps based on the aforesaid report of the Administrative Officer, in order to ensure that the devotees of Valliyamkavu Devi Temple are not being exploited by those who have created such a WhatsApp Group. Since arrangements have already been made to conduct DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 54 annual festival of Valliyamkavu Devi Temple from 08.04.2024 to

12.04.2024, departmentally, it is for the Administrative Officer and the Assistant Devaswom Commissioner to take necessary steps to ensure that annual festival of the temple is conducted strictly in accordance with the prescribed procedure and subject the income and expenditure to statutory audit.

31. As already noticed hereinbefore, despite the directions issued by this Court in the orders referred to supra, the Travancore Devaswom Board and its officials are not able to prevent exploitation of the devotees of Valliyamkavu Devi Temple by traders and others. Even now the traders are forcing the devotees to purchase vazhipadu items, despite the fact that the vazhipadu rates collected in the pooja stall of the Travancore Devaswom Board are inclusive of the price of vazhipadu items. There are allegations that brass lamps and other items offered by the devotees in Valliyamkavu Devi Temple are not properly accounted by the Administrative Officer. In the order dated 09.10.2023 in DBP No.98 of 2023, this Court noticed the submission made by the learned Standing Counsel for Travancore Devaswom Board that the additional 9th respondent is yet to make payment towards DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 55 defaulted bid amount in respect of Kuthaka right to conduct pooja stall in Valliyamkavu Devi Temple for the year 2020-21, despite the decision of this Court in Suneesh K.S. [ILR 2022 (1) Ker. 1091]. In such circumstances, we deem it appropriate to register a DBP suo motu regarding the management of Valliyamkavu Devi Temple, with the Travancore Devaswom Board, represented by its Secretary, the Devaswom Commissioner, the Deputy Devaswom Commissioner, Pathanamthitta, the Assistant Devaswom Commissioner, Mundakkayam Group, the Administrative Officer, Valliyamkavu Devi Temple, the Chief Vigilance and Security Officer, Travancore Devaswom Board, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, the Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, Superintendent of Police, Idukki and the Station House Officer, Peruvanthanam Police Station as the respondents. List that DBP before the Devaswom Bench on 22.05.2024. A copy of this order shall form part of that DBP. Registry to issue a complete set of that DBP with cause title to the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 56 Government Pleader. ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE Sd/- DBP Nos.25, 79, 98 & 125 of 2023 & 5 and 20 of 2024 57 APPENDIX OF DBP 98/2023 RESPONDENT EXHIBITS EXHIBIT R8 (a) True copy of Sale Deed No.1102/2003 of S.R.O., Peerumade EXHIBIT R8 (b) EXHIBIT R8 (c) True copy of license No. J.C. 2/932/23 Peruvanthanam Grama Panchayat

18.05.2023 issued True copy of license No. J.C. 2/1682/23 Peruvanthanam Grama Panchayat

01.06.2023 issued EXHIBIT R8 (d) True photographs conducting the pooja stalls illegally without permission from the authorities