BY AD vs SMT.K.R.KRISHNAKUMARI

amount of 33,884.85/- was remitted by him. The contention of the petitioner that by Ext.P6 order dated 19.05.2010 he 13 W.P.(C)No.25371 of 2015 was exonerated from the liability of missing articles is incorrect. Exhibit P6 would show that in view of the remittances effected by Exhibits P5 (a) to (e), the 2nd respondent passed Exhibit P6 order. Exhibit P7 order was issued in respect of the missing articles which was in the joint custody of the Assistant Commissioner, Moothath, Menokki and the petitioner (Devaswom Officer). The Devaswom Officer cannot shirk his responsibility in respect of the articles included in the Major Eradavu register. Ext.P8 notice dated 19.05.2010 was issued to the petitioner and other persons responsible for the missing of articles. It is also alleged that no personal hearing was afforded to the petitioner before issuing Ext.P14 order dated 26/12/2014. Ext.P15 is the representation submitted by the petitioner on receipt of Ext.P14 order. The contention of the petitioner that the amount deposited in terms of Ext.P5 (a) to (e) receipts are liable to be refunded is unsustainable. It is submitted that there is absolutely no illegality or arbitrariness in issuing Exts. P7, P8 and P14 orders. The said orders were issued after considering the explanations offered by the petitioner. So, the petitioner is not entitled to get any relief and the writ petition may be dismissed with costs.” 8. To the counter affidavit filed by the 1st respondent, the petitioner filed a reply affidavit producing therewith Exts. P20 to P28 documents.

9. Heard the learned counsel for the petitioner and the 14 W.P.(C)No.25371 of 2015 learned Standing Counsel for Cochin Devaswom Board and its officials.

10. The learned counsel for the petitioner submitted that the charge of the items in P.P Register and M.E. Register were not handed over to the petitioner at the time of his taking charge as a Devaswom Officer in the Tripunithura Devaswom on 28.06.2006 which was mentioned by him in Ext.P1 letter filed before the Devaswom Assistant Commissioner at the earliest point of time, after taking the charge. In fact, after 31.10.2002, nobody verified the Registers as evident from Ext.P9(a) the relevant pages of the P.P. Register dated 31.10.2002. The learned counsel brought the attention of this Court to Ext.P16 the relevant pages of M.E. Register wherein some items were entered as not entrusted and argued that the petitioner who was not entrusted with the properties entered in the P.P. Register and M.E. Register cannot be held liable for the missing of the items which occurred prior to his taking over the charge.

11. On the other hand the learned Standing Counsel for the Cochin Devaswom Board submitted that the missing of items were found out at the time of audit of the accounts of the Tripunithura 15 W.P.(C)No.25371 of 2015 Devaswom for the year 2005-06. The reduction in the weight or missing of some items including gold and silver were mentioned in Ext.P3 report. If the items were not handed over to the petitioner, he could have refused to take charge of the Registers concerned.

12. The petitioner is the Devaswom Officer of Tripunithura Devaswom under the Tripunithura Group with effect from

28.06.2006. According to the petitioner at the time of his taking charge as the Devaswom Officer, he noted anomalies in the P.P. Register and M.E. Register kept in the Sree Poornathrayeesha Temple. He brought the missing items to the notice of the 4th respondent by Ext.P1 letter dated 31.07.2006. Though, by Ext.P2 proceedings dated 28.09.2006, the 1st respondent directed the 3rd respondent to conduct an inspection of the P.P. Register and M.E. Register in the Tripunitura Devaswom and to submit a report before the 1st respondent, the same has not been complied till date. It is also the case of the petitioner that in the year 2010, as directed by the 3rd respondent, he deposited a sum of Rs.33,884.85/- in order to rectify the anomalies in the P.P. Register and M.E. Register. However, the 2nd respondent issued Ext.P7 16 W.P.(C)No.25371 of 2015 order dated 19.05.2010 fixing the liability of missing articles referred to the P.P Register in the joint custody of the Assistant Commissioner, the petitioner, Moothathu and Menokki. Though the petitioner submitted Ext.P13 representation dated 11.11.2013 before the 1st respondent to rectify the anomalies, Ext.P14 order dated 26.12.2014 was issued by the 2nd respondent fixing the liability of Rs.28,650/- to the four custodians of the Registers concerned. According to the petitioner he was not heard before passing such an order by the 2nd respondent. But, according to the respondents, the petitioner cannot escape from the liability of the missing articles which was statutorily in his custody after taking charge as a Devawom Officer.

13. During the course of arguments, the learned Standing Counsel for the Cochin Devaswom Board invited our attention to Articles 137 and 138 of Chapter X of the Devaswom manual which stipulates the manner in which the Nadavaravu articles have to be dealt with. Chapter X of the Devaswom manual deals with other items of Devaswom receipts. Articles 137 and 138 deal with Nadavaravu. They read thus: “137. Nadavaravu-In almost all the temples articles such as 17 W.P.(C)No.25371 of 2015 gold and silver ornaments, bell-metal articles such as lamps, etc., perishable articles including bulls, cows, calves, goats and other live-stock are offered as vazhivadus, which are credited in the Nadavaravu register in Form No. XXV Appendix XIV to be maintained in each Devaswam. In some cases, the donors express a wish that the articles offered by them may be preserved for the daily use in the temple without their being sold in auction. In such cases, they are preserved, if unobjectionable, for the use of the temple according to the wishes of the donors and are taken to the register of ornaments and vessels (vide article 320) maintained in each Devaswam in Form No. XXVI Appendix XIV. The other articles as are not required for the temple use, are disposed of in auction and the sale proceeds credited to the Devaswam. Such of the articles of Nadavaravu as can be used for nithyanidanam expenditure may be utilised for such purposes and the cost credited by adjustment. The disposal of these articles shall be as follows:-

138. Sale of Nadavaravu articles.-Nadavaravu articles belonging to Devaswams may be classified under two heads- Major and Minor. All the articles of gold, silver, bell-metal and precious stones may be classed as Major and all the other articles as Minor. Explanation,-Ornaments and vessels made of copper, brass, iron and other articles and all kinds of furniture and other articles made of wood and perishables are to be included in the latter class. 'Perishables' means articles which are subject to damage or decay, e. g., all sorts of fruits and other 18 W.P.(C)No.25371 of 2015 vegetable stuff, silk, cloth, sugar and molasses and also include bulls, cows, calves, goats and other live-stock; but do not include elephants.

1. MAJOR ARTICLES List of all articles of gold, silver, bell-metal and precious stones received in a year to be disposed of should be submitted to the Diwan not later than the 1st of Thulam of the succeeding year for sanction. When sanction is received the Devaswam Commissioner should arrange to collect the articles to be sold in different centres according to the importance of the locality for the sale of articles and notify in the Cochin Government Gazette a month at least in advance of the dates and places of the sale and also the conditions of the sale. The sales should be conducted by the Devaswam Commissioner on the dates fixed in the notification and the facts reported to the Diwan with the sale lists for confirmation. When the sales are confirmed by the Diwan, the articles should be weighed and handed over to the bidders and the sale proceeds realised and remitted into the Treasury then and there. Particulars of remittance into the Treasury should also be reported to the Diwan. Such of the articles of Nadavaravu which should at the donor's request be preserved may be ordered by the Commissioner to be preserved in the Devaswams and these articles should be entered as such in the Registers of ornaments and vessels (Article 320) maintained in the Department. 19 W.P.(C)No.25371 of 2015

2. MINOR ARTICLES. Ornaments, vessels, etc., of copper, wood and other materials not classified under major articles received as Nadavaravu in a year in the several Devaswams should be duly listed by the Assistant Commissioner or the Deputy Tahsildar of Cranganur, as the case may be, and the lists together with separate lists of other useless and unserviceable articles belonging to each Group to be sold should be submitted to the Devaswam Commissioner for sanctioning the same, not later than the 1st of Thulam of the succeeding year. After the receipt of the sanction of the Commissioner the articles as per the list may be sold in public auction by the Assistant Commissioners or the Deputy Tahsildar of Cranganur, as the case may be, and the results reported to the Commissioner with the sale-lists for confirmation. After the sales are confirmed the articles should be handed over to the bidders and the sale amount realised and remitted into the Treasury and the fact reported to the Commissioner. All-perishable articles including bulls, cows, calves, goats and other live-stock will be disposed of then and there in public auction by the local Devaswom officers to the best advantage and the sale proceeds realised by them and credited to the accounts and the sale list submitted to the Commissioner for confirmation through the immediate supervising officers. After the sales are confirmed the Assistant Commissioner or the Deputy Tahsildar, as the case may be, should verify the remittance of the amounts into 20 W.P.(C)No.25371 of 2015 the Treasury. Note,-A ledger of all articles received should be maintained in Form No I Appendix X and the monthly totals and progressive totals struck signed by the officers. This will be the basis for transfer of charge which should be recorded then and there. Disposal should be noted in this in detail and checked and attested by the Assistant Commissioner and the balance struck”.

14. As per the Devaswom manual, the Register of Ornaments and vessels to be preserved have to be maintained in form No. XXVI-Appendix XIV. Similarly, the Nadavaravu items have to be entered in Form No.1-Appendix X. According to the Devaswom Board, there is flow in the management of the Nadavaravu articles and hence some of them were found missing in the registers concerned and the persons who are the custodians of these registers including the petitioner are liable for the missing articles. While going through Exts. P7 and P14 orders of the 2nd respondent we notice that those orders were passed without giving an opportunity to the petitioner to put forward his contentions before the 2nd respondent. During the course of arguments, the learned Standing Counsel for the Cochin Devaswom Board invited our attention to the judgment dated 21 W.P.(C)No.25371 of 2015

20.06.2014 passed by this Court in W.P.(C) No. 2978 of 2013 which is a writ petition filed by the Assistant Commissioner of Tripunithura Group who is one among the four persons who were found responsible for the missing of valuables, complaining about non-disbursal of DCRG, wherein this Court directed the 1st respondent to release the DCRG to the petitioner therein retaining a sum of Rs.7163/- deposited by her. In that judgment, this court held that if in a detailed enquiry, it was ultimately found that the petitioner therein was not at all responsible for the loss, then she is entitled to claim the amount retained by the Board. It was further directed that the enquiry shall be completed within six months from the date of receipt of a copy of the judgment.

15. Having considered the pleadings and materials on record and submissions made at the Bar, we are of the view that Ext.P14 order of the 2nd respondent finding the petitioner and other three custodians of the valuables as responsible for the missing items worth Rs.28,650/- is liable to be set aside, since the said order was passed without hearing the petitioner and others. In such circumstances, we dispose of this writ petition by setting aside Ext.P14 order dated 26.12.2014 passed by the 2nd 22 W.P.(C)No.25371 of 2015 respondent and direct the 2nd respondent to decide the matter afresh after giving an opportunity to the petitioner and other affected parties to put forward their contentions on merit, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that the petitioner can submit fresh representation before the 2nd respondent explaining his defence. The deposit made by the petitioner in pursuance to the direction of this Court shall be subject to the decision that would be taken by the 2nd respondent. Sd/- ANIL K.NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE 23 W.P.(C)No.25371 of 2015 APPENDIX OF WP(C) 25371/2015 PETITIONER ANNEXURES Renewed Fixed Deposit Receipt Renewed FD Receipt Renewal of FD Receipt deposited with Renewed Fixed Deposit Receipt Registrar General RESPONDENT EXHIBITS EXHIBIT R 1 ( a ) True copy of the relevant pages of Chapter 4 of the Devaswom Manual PETITIONER EXHIBITS Exhibit-P20 Exhibit-P21 Exhibit-P22 Exhibit-P23 Exhibit-P24 Exhibit-P25 Exhibit-P26 Exhibit-P27 True copy of the relevant pages of Chapter 4 of the Devaswom Manual issued by the 1st respondent in the year 2014 True copy of the Judgment of this Hon’ble Court dated 27.11.2017 in WP(C)No.35340/2014 True copy of the Order of the Hon’ble Supreme Court dated 10.09.2018 in SLP(C)No.7947/2018 True copy of the Order of the Hon’ble Supreme Court dated 04.02.2019 in SLP(C)No.7947/2018 True copy of the Order of the Hon’ble Supreme Court dated 26.11.2021 in SLP(C)No.7947/2018 True copy of the Order of the Hon’ble Supreme Court dated 24.01.2022 in SLP(C)No.7947/2018 True copy of the Order of the Hon’ble Supreme Court dated 04.08.2022 in SLP(C)No.7947/2018 True copy of the Order of the Hon’ble Supreme Court dated 19.01.2024 in 24 W.P.(C)No.25371 of 2015 SLP(C)No.7947/2018 Exhbit-P28 True copy of Supreme Court dated 28.01.2025 in SLP(C)No.7947/2018 the Order of the Hon’ble EXHIBIT -P10- TRUE COPY OF THE ORDER OF THIS HON’BLE COURT DATED 07.04.2011 IN I.A.NO.716/2011 IN R.P. NO.OF 2011 IN DBA.11/2011 EXHIBIT-P11- TRUE COPY OF THE ORDER NO.A9.2467/08 DATED 27.04.2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P12- TRUE COPY OF THE ORDER NO.A9.2467/08 DATED 23.06.2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P13- TRUE COPY OF THE REPRESENTATION DATED 11.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT AND MEMBERS OFTHE 1ST RESPONDENT EXHIBIT-P14- TRUE COPY OF THE ORDERNO.A9.2467/08 DATED 26.12.2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P3-TRUE COPY OF THE NOTES OF AUDIT OF RECEIPT ACCOUNTS OF TRIPUNITHURA DEVASWOM FOR THE YEAR 2005-06 WAS CONDUCTED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT DATED 09/07/2007. EXHIBIT-P16- TRUE COPY OF THE RELEVANT PAGES OF THE MAJOR ERADAVU REGISTER EXHIBIT-P1-TRUE COPY OF THE LETTER DATED 31/07/2006 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT-P2-TRUE COPY OF THE PROEEDINGS DATED 28/09/2006 ISSUED BY THE IST RESPONDENT EXHIBIT-P4-TRUE COPY OF THE LETTER DATED 18/01/2008 SUBMITTED BY THE PETITIONER 25 W.P.(C)No.25371 of 2015 BEFORE THE 2ND RESPONDENT. EXHIBIT -P15- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT-P4(A)-TRUE COPY OF THE LETTER OF THANTHRI DATED 15/01/2008. EXHIBIT-P5(B)-TRUE COPY OF THE RECEIPT NO. 4173 DATED 04/03/2010 FOR RS. 4,284/- EXHIBIT-P5(B)-TRUE COPY OF THE RECEIPT NO. 4174 DATED 04/03/2010 FOR RS.24,392.25 EXHIBIT-P5(C)-TRUE COPY OF THE RECEIPT NO. 4175 DATED 04/03/2010 FOR RS. 450/- EXHIBIT-P5(D)-TRUE COPY OF THE RECEIPT NO. 4176 DATED 04/03/2010 FOR RS.2,346.60 EXHIBIT-P5(E)-TRUE COPY OF THE RECEIPT NO. 4183 DATED 24/03/2010 FOR RS.4,284/- EXHIBIT-P6-TRUE COPY OF THE ORDER NO. A9- 2467/08 DATED 19/05/2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P7-TRUE COPY OF THE ORDER NO. A9- 2467/08 DATED 19/05/2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P8-TRUE COPY OF THE ORDER NO. A9- 2467/08 DATED 19/05/2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P9-TRUE COPY OF THE EXPLANATION DATED 03/06/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P9(A)-TRUE COPY OF THE PHOTOCOPIES OF THE RELEVANT PAGES OF THE P.P. REGISTER DATED 31.10.2002 EXHIBIT P17-TRUE COPY OF ORDER NO.A1.9991/15 DATED 18.09.2015 ISSUED BY 26 W.P.(C)No.25371 of 2015 THE SECOND RESPONDENT EXHIBIT-P18-TRUE COPY OF THE OBJECTION TO EXT.P17 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH REPSONDENT ON 30.12.2015 EXHIBIT P19 TRUE COP OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS THROUGH PROPER CHANNEL ON 12.5.2017 –