SUO MOTU v. STATE OF KERALA

BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD OTHER PRESENT: DBP NO. 49 OF 2022 2 SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP NO. 49 OF 2022 Anil K. Narendran, J. 3 ORDER This DBP is registered suo motu, vide proceedings dated

26.08.2022, based on a petition dated nil received alleging various financial irregularities committed by the Temple Advisory Committee of Valliyamkavu Devi Temple, which was in office till the year 2022.

2. On 29.08.2022, when this matter came consideration, the learned Standing Counsel for the Travancore Devaswom Board sought time to get instructions and file an affidavit.

3. By the order dated 11.10.2023, this matter was referred to the learned Ombudsman for enquiry and report. The learned Ombudsman was directed to issue notice to the complainant.

4. After conducting an enquiry, the learned Ombudsman submitted Report No.25 of 2023, wherein the pendency of O.S.No.323 of 2020 filed by the Travancore Devaswom Board before the Munsiff Court, Peerumedu, against the office bearers and members of the Temple Advisory Committee of Valliyamkavu DBP NO. 49 OF 2022 4 Devi Temple, which was holding office till the year 2022, is pointed out.

5. On 09.02.2024, when this DBP came up consideration along with connected matters, this Court noticed that in O.S.No.323 of 2020 filed by the Travancore Devaswom Board on 07.12.2020, the defendants are yet to file written statement. This Court has already initiated a suo motu proceedings, i.e., DBP.No.72 of 2023, regarding the conduct of litigations before various courts, in which Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the present status of O.S.No.323 of 2020 pending before the Munsiff Court, Peermade. Thereafter, by the order dated

23.02.2024, Registrar (District Judiciary) was directed to call for a report from the Munsiff Court, Peermade as to the present status of O.S.No.323 of 2020.

6. Today, when the matter is taken up for consideration, Registry has placed on record a report dated 18.03.2024 of the Munsiff Court, Peermade, wherein it is stated that O.S.No.323 of 2020 was instituted before that court on 07.12.2020. Summons DBP NO. 49 OF 2022 5 was served on all defendants except defendant No.5, on

14.12.2020. Since no steps were taken against defendant No.5, the suit against that defendant was dismissed. Defendants 1 to 4 and 6 to 14 filed written statement and the suit now stands posted to 14.06.2024 for framing issues.

7. Heard the learned Senior Government Pleader for the 1st respondent and the learned Standing Counsel for respondents 2 to 5.

8. Section 15A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 inserted by Act 5 of 2007, with effect from

12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject DBP NO. 49 OF 2022 6 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.

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 Ram Mohan Das v. Travancore Devaswom Board [1975 KLT 55] a learned Single Judge of this Court held that, under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the trustees could be questioned by a worshipper. DBP NO. 49 OF 2022 7

11. In Suo motu v. State of Kerala and others [2022 (2) KHC 411] this Court held that in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act and the law laid down in the decisions referred to therein, the Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of the Devaswoms under its management. 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 the Devaswoms and conduct daily worships and ceremonies and also festivals in the temple according to its usage. The 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.

12. In Suo motu [2022 (2) KHC 411] this Court further held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of the Devaswoms under its management are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The position of the Board in this regard is analogous to that of trustees. Any such wrongful claims, theft or DBP NO. 49 OF 2022 8 misappropriation with the passive or active collusion of the authorities concerned, which are acts of ‘fence eating the crops’ should be dealt with sternly. 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.

13. In the matter of Audit Report of the Travancore Devaswom Board for the year 1967-68 (Sabarimala Improvement Fund) reported in [1990 (1) KLT 347), in the context of Section 32 of the Act, a Division Bench of this Court reminded the President and members of the Travancore Devaswom Board about their public accountability. In the said decision it was made clear that it is for all persons concerned to see that greater vigil is exercised by the President and members of the Board in the overall administration of the Board and in the collection and disbursement of funds.

14. The complaint, based on which this DBP is registered suo motu, vide proceedings dated 26.08.2022, contains allegations regarding various financial irregularities committed by the Temple Advisory Committee of Valliyamkavu Devi Temple, which was in office till the year 2022. O.S.No.323 of 2020 DBP NO. 49 OF 2022 9 instituted by the Travancore Devaswom Board against the office bearers and members of that Temple Advisory Committee is now pending before the Munsiff Court, Peermedu, which now stands posted to 14.06.2024 for framing issues. In view of the pendency of that suit before the competent civil court, we deem it appropriate to dispose of this DBP, without going into the merits of the case, by directing the Travancore Devaswom Board to prosecute O.S.No.323 of 2020 on the file of the Munsiff Court, Peermedu, diligently. In case there is inordinate delay in the final disposal of O.S.No.323 of 2020, it is for the Board to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India for expeditious disposal of that suit. Skk//03.04.2024 Sd/- ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE DBP NO. 49 OF 2022 10 APPENDIX OF DBP NO. 49 OF 2022 PETITIONER’S ANNEXURES:- ANNEXURE 1 REPORT OF THE STATE AUDIT OF TRAVANCORE DEVASWOM BOARD DATED 28.12.2022 ANNEXURE 2 STATEMENT COMMITTEE OF THE TEMPLE ADVISORY ANNEXURE 3 ANNEXURE 4 REPORT DATED 27.12.2022 FILED BY THE DEVASWOM ASSISTANT COMMISSIONER REMARKS FILED BY THE SENIOR DEPUTY AUDIT, KERALA DIRECTOR TRAVANCORE AUDIT, THIRUVANANTHAPURAM STATE BOARD DEVASWOM OF ANNEXURE 5 REPORT DATED 30.05.2023 OF THE DEVASWOM ASSISTANT COMMISSIONER ANNEXURE 6 STATEMENT DATED 22.05.2023 OF THE TEMPLE ADVISORY COMMITTEE