SUKU C.R v. COCHIN DEVASWOM BOARD

R1 TO R5 BY SRI.K.P.SUDHEER, SC, CDB R6 & R9 BY ADV.SRI.ANCHAL C VIJAYAN R7 & R8 BY SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.24058 of 2023 3 Anil K. Narendran, J. JUDGMENT The petitioner, who a devotee Sree Vadakurumbakkavu Devaswom in Kollazhi Village in Thrissur District, which is a controlled institution, i.e., an institution which falls under the purview of sub-section (6) of Section 61 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Vigilance Wing of the Cochin Devaswom Board to conduct an in depth and detailed enquiry into the allegations levelled against the Managing Committee of that Devaswom, in which the 6th respondent is the President, and to place that report before this Court for further action. The petitioner has also sought for a writ of mandamus commanding the 5th respondent Control Inspector (Central Zone), Cochin Devaswom Board, to make a detailed enquiry based on Ext.P5 information dated 20.02.2023 furnished to the petitioner by the 3rd respondent Assistant Commissioner (Audit), and submit a report before the 1st respondent Cochin Devaswom Board, in compliance with the directions contained in Ext.P7 order dated 07.02.2023 of the 3rd respondent Assistant Commissioner (Audit). The further relief sought for is a writ of W.P.(C)No.24058 of 2023 4 mandamus commanding the 1st respondent Cochin Devaswom Board a scheme administration Vadakurumbakkavu Devaswom, as provided under Section 93 of the Act. In the writ petition, the petitioner has raised various allegations regarding audited accounts Vadakurumbakkavu Devaswom. It is contended that, despite the issuance of Ext.P7 order dated 07.02.2023, no effective steps have been taken on those aspects.

2. On 24.07.2023, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board was directed to get instructions as to whether Sree Vadakurumbakkavu Devaswom Temple is having a hereditary trustee or Trustee Board.

3. On 22.08.2023, the learned counsel for the petitioner pointed out that the First Information Report in Crime No.675 of 2023 of Viyyoor Police Station, which is one registered against Saji and 7 others in connection with an incident alleged to have occurred on 02.08.2023 at 8.00 a.m. in the premises of Thiroor Vadakurumbakkavu Temple, on account of the filing of this writ petition against the Managing Committee in which the 6th respondent is the President. By the order dated 22.08.2023, the learned counsel for the petitioner was directed to place on record W.P.(C)No.24058 of 2023 5 a copy of that FIR, along with an application to accept additional documents. The District Police Chief, Thrissur and the Station House Officer, Viyyoor Police Station were suo motu impleaded as additional respondents 7 and 8. The learned Senior Government Pleader entered appearance for the additional respondents. The learned Senior Government Pleader and also the learned Standing Counsel for Cochin Devaswom Board were directed to get instructions.

4. The order dated 22.08.2023 was followed by the order dated 23.08.2023, which reads thus; “On 22.08.2023, when this writ petition came up for consideration, this Court directed the learned Standing Counsel for Cochin Devaswom Board and also the learned Senior Government Pleader to get instructions with specific reference to registration of Crime No.675 of 2023 of Viyyoor Police Station. Today, when this matter is taken up for consideration, the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court a report dated

22.08.2023 of the Chief Vigilance Officer, Cochin Devaswom Board, addressed to the Secretary of the Board wherein it is stated that Crime No.659 of 2023 of Viyyoor Police Station has already been registered on 02.08.2023, in which the petitioner is arrayed as an accused. The learned Standing Counsel for Cochin Devaswom Board takes notice on admission for respondents 1 to 5 and the learned Senior Government Pleader takes notice on W.P.(C)No.24058 of 2023 6 admission for the additional respondents 7 and 8. Issue urgent notice on admission by speed post to 6th respondent, returnable within three weeks. The petitioner to file an application to implead the hereditary trustee/trustees of the temple in question, which is a controlled institution under the Cochin Devaswom Board. The learned Standing Counsel for Travancore Devaswom Board to file counter affidavit, within four weeks.”

5. By the order dated 25.09.2023, this Court allowed I.A.No.2 of 2023, whereby Sri.M.K.Jayachandran, who is stated to be the hereditary trustee of Sree Vadakurumbakkavu Devaswom Temple, was impleaded as additional 9th respondent. The learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 to 5. The 6th respondent entered appearance through counsel. The learned Senior Government Pleader took notice on admission for additional respondents 7 and 8. This Court issued urgent notice on admission by speed post to the additional 9th respondent, returnable within three weeks.

6. Heard the learned counsel for the petitioner, the learned Standing Counsel for Cochin Devaswom Board for respondents 1 to 5, the learned counsel for respondents 6 and additional 9th respondent and also learned Senior Government Pleader for additional respondents 7 and 8. W.P.(C)No.24058 of 2023 7

7. During the course of arguments, the learned Standing Counsel for Cochin Devaswom Board would point out that pursuant to Ext.P7 order dated 07.02.2023, the 5th respondent Control Inspector has submitted a report before the Board, which is pending consideration.

8. Sub-section (6) of Section 61 of the Travancore- Cochin Hindu Religious Institutions Act, 1950 defines “institution” to mean a Hindu Religious Institution other than an incorporated or unincorporated Devaswom by whatever designation known, dedicated to or for the benefit of or used as of right by the Hindu community or any section thereof and shall include - (a) every Hindu temple or shrine so dedicated or used as of right by the Hindu community or any section thereof as a place of religious worship and all property belonging to or given or endowed for the benefit or support of such temple or shrine or for the purpose of any service or charity; and (b) samooham or samooha madhom (of the Paradesa Brahmins) or sabha madhom, sanyasi madhom, yogam or brahmaswom madhom (of the Nambudiri Brahmins) or any other endowment or foundation of a Hindu religious nature or both combined, by whatever designation known and all property belonging thereto whether applied wholly to religious purposes or partly to religious and W.P.(C)No.24058 of 2023 8 partly to charitable or other purposes and any express or constructive trust of a Hindu Religious nature by which property is vested in the hands of any person.

9. Section 79 of the Act deals with maintenance of registers by trustees. As per sub-section (1) of Section 79, the trustee of every institution shall maintain in such manner as may be prescribed, registers showing - (a) particulars of all immovable property belonging to or given or endowed for the support or benefit of the institution and all property given or endowed for the performance of any service or charity; (b) particulars of all movable properties belonging to the institution with their estimated value and of all investments made by the institutions; (c) particulars of the items and scale of the ordinary and recurring expenditure in the institution; (d) particulars of all the liabilities of the institution; (e) the names of all offices to which any salary, emoluments or perquisite is attached and the nature, time and conditions of service in each case; and (f) such other particulars as the Board may from time to time fix. As per sub-section (2) of Section 79, copies of the aforesaid registers shall be prepared, verified and signed by the trustee of the institution and submitted by him to the Board within such period as may be prescribed in this behalf. As per sub-section (3) of W.P.(C)No.24058 of 2023 9 Section 79, the Board may after making such enquiry as it may consider necessary, by order direct such alterations or additions to the registers as it may think necessary.

10. Section 80 of the Act deals with the scrutiny of registers and submissions of statements to the Board. As per Section 80, the trustee of an institution shall scrutinise every year the entries in the registers referred to in Section 79 and shall submit to the Board a verified statement showing the alterations, deletions and additions made therein. Section 81 of the Act deals with the accounts to be maintained by trustees, as per which, the trustee of an institution shall maintain regular and proper books of account disclosing correctly the head of income and expenditure of the institution from day to day.

11. Section 82 of the Act deals with trustee to administer religious affairs in accordance with usage. As per sub-section (1) of Section 82, subject to the provisions of any law for the time being in force, the trustee of every institution shall be bound to administer its religious affairs in accordance with the established usage and custom of the institution and to apply the funds and property of such institution in accordance with the terms of the trust, the usages of the institution and all lawful directions which the Board may in respect thereof and in such W.P.(C)No.24058 of 2023 10 administration of its affairs and application of the funds and property he shall act as carefully as a man of ordinary prudence would deal with such affairs, funds or property as if they were his own. As per sub-section (2) of Section 82, a trustee shall, subject to the provisions of part II of this Act be entitled to exercise all powers incidental to the prudent and beneficial management of the institution and to do all things necessary for the due performance of the duties imposed on him. Having considered the submissions made at the Bar, this writ petition is disposed of, leaving open the legal and factual contentions raised by both sides, with the following directions;. i) Within a period of two weeks from the date of receipt of a certified copy of this judgment, the petitioner, the 6th respondent and the additional 9th respondent shall be issued with a copy of the report of the 5th respondent Control Inspector, by the Secretary of the 1st respondent Cochin Devaswom Board. ii) The petitioner, the 6th respondent and also the additional 9th respondent shall submit their written submissions before the 1st respondent, within a period of three weeks. iii) Thereafter, the 1st respondent Board shall conduct a personal hearing with notice to the petitioner, the 6th respondent and the additional 9th respondent and take an appropriate decision on the grievances pointed out by the petitioner in Ext.P6. iii) A decision in this regard shall be taken by the Board, as W.P.(C)No.24058 of 2023 11 expeditiously as possible, at any rate, within a further period of one month. iv) The decision taken by the Board shall be a ‘reasoned order’, after adverting to the legal and factual contentions raised by both sides. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE AV/15/1 W.P.(C)No.24058 of 2023 12 APPENDIX OF WP(C) 24058/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE 4TH RESPONDENT UNDER THE RIGHT TO TO INFORMATION ACT DATED 13.01.2023 A TRUE COPY OF THE REPLY FROM THE 4TH RESPONDENT TO THE PETITIONER TOWARDS THE APPEAL , DATED 15.03.2023 A TRUE COPY OF THE PROCEEDINGS OF THE COCHIN DEVASWOM BOARD / AUDIT OF ACCOUNTS OF SREE VADAKURUMBAKAVU DEVASWOM THIROOR ISSUED BY THE 3RD RESPONDENT FOR THE YEARS 2013 - 14 ORDER NO. E - 5845/17 DATED 14.09.2018 A TRUE COPY OF THE PROCEEDINGS OF THE COCHIN DEVASWOM BOARD / AUDIT OF ACCOUNTS OF SREE VADAKURUMBAKAVU DEVASWOM THIROOR ISSUED BY THE 3RD RESPONDENT FOR THE YEARS 2014 - 15 AND 2015 - 16 ORDER NO. E - 5845/17 DATED 15.11.2018 A TRUE COPY OF THE REPLY ISSUED BY THE 4TH RESPONDENT DATED 20.02.2023 AGAINST THE RTI APPLICATION OF THE PETITIONER A TRUE COPY OF THE COMPLAINT BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2023 A TRUE COPY OF THE PROCEEDINGS OF THE COCHIN DEVASWOM BOARD ORDER NO. E - 5845/17 DATED 07.02.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF THE FIR NO. 675 /2023 OF VIYYUR POLICE DATED 06.08.2023 AS ADDITIONAL DOCUMENT