PONNAPPAN A B v. STATE OF KERALA

23.01.2024 denying the entire averments in the writ petition. It is contended in the said counter affidavit that the petitioner has approached this Court with unclean hands and with malafide intention. According to the 5th respondent, he is an honest and upright employee of the Devaswom Board who has a history of exposing the corrupt practices of certain people like the petitioner at the workplace. In fact, it was due to the selfless effort of the 5th respondent, unearthing of the corruption and scandal that happened in the temple came out in DBP No.97 of 2018 before this Court and the effort of the 5th respondent in unearthing the gold locket scam was appreciated by this Court in the said DBP. The writ petition is filed by the petitioner to wreak vengeance against the 5th respondent for filing the DBP case before this Court.

#6. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondents 2 to 4, 9, 10 and 11, the learned Senior Government Pleader and the learned counsel appearing for the 5th respondent.

#7. The learned counsel for the petitioner submitted that 17 WPC No.42289 of 2022 2025:KER:27688 there are several complaints against the 5th respondent before the Devaswom authorities as well as before the Police. Even this Court had taken a suo motu complaint against the 5th respondent as DBP No.18 of 2018 and on 11.06.2018 ordered to conduct domestic enquiry against the 5th respondent. Though he was initially suspended, later his suspension order was cancelled. The Devaswom Board did not take strict action against the 5th respondent. Hence interference of this Court is warranted for the smooth functioning of the temple and to protect the interest of the devotees of the temple.

#8. The learned Standing Counsel the Cochin Devaswom Board and its officials submitted that on receipt of Ext.P1 complaint dated 24.03.2022, the 3rd respondent Commissioner directed the 11th respondent Chief Vigilance Officer to conduct an enquiry and submit a report. In pursuance of that direction, Ext.R2(a) report was submitted by the 11th respondent before the 3rd respondent. Thereafter, Ext.R2(b) official memorandum was issued calling for explanation from the 5th 18 WPC No.42289 of 2022 2025:KER:27688 respondent in the findings in Ext.R2(a) report. The disciplinary proceedings pursuant to Ext.R2(b) are yet to be completed. By submitting that the 5th respondent is now again suspended from service, the learned standing counsel produced an order dated

18.02.2025 issued by the Commissioner of Malabar Devaswom Board suspending the 5th respondent with immediate effect, for our perusal.

#9. The learned counsel for the 5th respondent submitted that all the allegations against the 5th respondent were raised due to the personal grudge of the petitioner against him.

#10. Sree Triprayar Sree Rama Temple is a temple under the administration of the Cochin Devaswom Board. The Travancore- Cochin Hindu Religious Institutions Act, 1950, was enacted to make provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with the Cochin Devaswom Board. Clause (5) of Section 61 of the Act defines ‘incorporated and unincorporated Devaswoms’ to 19 WPC No.42289 of 2022 2025:KER:27688 mean incorporated and unincorporated Devaswoms specified in Schedules I and II respectively of the Cochin Devaswom Verumpattom Settlement Proclamation, XXIII of 1118.

#11. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1) the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to 20 WPC No.42289 of 2022 2025:KER:27688 be exercised as hitherto by the Ruler of Cochin.

#12. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund.

#13. Section 73A of the Act deals with the duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, 21 WPC No.42289 of 2022 2025:KER:27688 (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff 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 major temples for the devotees.

#14. Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of sub- section (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1st day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. Section 75 of the Act deals with superintendence and control by the Board. As per Section 75, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the 22 WPC No.42289 of 2022 2025:KER:27688 Devaswom Department.

#15. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, the Cochin Devaswom Board is duty-bound to administer the affairs of the temples under its management, in accordance with the objects of the trust, the established usage and customs of such temples. The Board has a statutory duty to monitor whether the administrative staff and employees and also the employees connected with religious rites in such temples are functioning properly and to exercise supervision and control over their acts and proceedings.

#16. 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, require to be protected safeguarded by trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom 23 WPC No.42289 of 2022 2025:KER:27688 Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse 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.

#17. In the matter of misconduct of an employee of the Cochin Devaswom Board, in the order dated 30.05.2024 in DBP No.81 of 2023 – Suo motu v. State of Kerala[2024 KHC Online 827], this Court held that in view of the statutory provisions referred to hereinbefore, the 2nd respondent Cochin Devaswom Board in discharge of its statutory duty, ought to have taken stringent action against the Devaswom employees, who were found drunk in the temple premises, openly flouting the prohibitions contained in clause (d) of Rule 3 of the Kerala Hindu Places of Public Worship 24 WPC No.42289 of 2022 2025:KER:27688 (Authorisation of Entry) Rules, 1965, by imposing a proper punishment in the disciplinary proceedings initiated against them, instead of reinstating such employees with a warning, withholding of increment, etc. The lukewarm approach on the part of the 2nd respondent Board and the 3rd respondent Devaswom Commissioner is a reason for recurring such instances of misconduct by the Devaswom employees. Any default on the part of the 2nd respondent Board and the 3rd respondent Devaswom Commissioner in imposing a proper punishment to such employees would amount to breach of trust, since the status of the Board, in view of the provisions under Section 68 of the Travancore-Cochin Hindu Religious Institutions Act, in the matter of administration of incorporated and unincorporated Devaswoms under its management, is that of a trustee in the management of the properties and interest of the deity, who is a perpetual minor.

#18. We have carefully gone through the pleadings and materials on record. Against the 5th respondent, there are several complaints filed before the Devaswom authorities as well as before 25 WPC No.42289 of 2022 2025:KER:27688 the Police as evident from Exts P10 to P18 copies of the complaints produced along with the writ petition. As per Ext.R2(a) report dated 10.06.2022 submitted by the 11th respondent there are serious findings against the 5th respondent. Pursuance to the same Ext.R2(b) show cause was issued to the 5th respondent. However, the disciplinary proceedings are yet to be completed in that matter. Now as per the order dated 18.02.2025 the 5th respondent is again suspended from service for some serious findings in the report of the Chief Vigilance Officer.

#19. The proceedings taken pursuant to Ext.R2(b) is now pending before the Board. The allegations against the 5th respondent are very serious in nature. Such acts of fence-eating the crops, if found true, have to be dealt with appropriately by taking strict action. Having considered the pleadings and materials on record and the submissions made at the Bar, we deem it appropriate to dispose of this writ petition directing the 10th respondent Cochin Devaswom Board to finalise the proceedings taken in pursuance 26 WPC No.42289 of 2022 2025:KER:27688 to Ext.R2(a) report of the 11th respondent Chief Vigilance Officer after giving notice to both sides as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- ANIL K.NARENDRAN, JUDGE Sd/- Sks MURALEE KRISHNA S., JUDGE 27 WPC No.42289 of 2022 2025:KER:27688 APPENDIX OF WP(C) 42289/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 24- 03-2022 THE TRUE COPY OF THE DEPOSITIONS BY THE WITNESSES IN THE PROCEEDINGS ON EXHIBIT P1 DATED 29.04.2022 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 13-04-2022 THE TRUE COPY OF THE ANSWER TO THE QUESTIONS IN EXHIBIT P3 GIVEN BY THE STATE PUBLIC INFORMATION OFFICER OF THE COCHIN DEVASWOM BOARD DATED 29-04-2022 THE TRUE COPY OF THE COMPLAINT DATED NIL FILED BEFORE THE VALAPPAD POLICE STATION (WITHOUT ENCLOSURES) THE TRUE COPY OF THE RECEIPT ISSUED BY THE VALAPPAD POLICE STATION TO ACKNOWLEDGE THE COMPLAINT DATED 11-08-2022 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ADDITIONAL SUPERINTENDENT OF POLICE THRISSUR RURAL DATED 16-08-2022 THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE THRISSUR RURAL TO ACKNOWLEDGE THE COMPLAINT WITH NO. 841/DPC-R/CAMP/PM/22 DATED 16-08- 2022 Exhibit P9 THE TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE DETAIL OF 5TH RESPONDENT ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF 28 WPC No.42289 of 2022 2025:KER:27688 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 THE DEVASWOM BOARD DATED 02-11-2022 THE TRUE COPY OF THE COMPLAINT DATED 24-08- 2014 FILED BY THE KANNANKULANGARA SIVA KSHETHRA UPADESAKA SAMITHI BEFORE THE DEVASWOM OFFICER, TRIPUNITHURA OBTAINED UNDER RTI ACT THE TRUE COPY OF THE COMPLAINT FILED BY THE DEVOTEES AS A MASS PETITION AGAINST THE 5TH RESPONDENT BEFORE THE PRESIDENT DEVASWOM BOARD AS EARLY AS 2017 DATED NIL OBTAINED UNDER RTI ACT THE TRUE COPY OF THE MASS COMPLAINT FILED BY THE DEVOTEES BEFORE THE PRESIDENT, POORNATHRAYEESA SEVA SANGAM DATED 29-01- 2014 OBTAINED UNDER RTI ACT THE TRUE COPY OF COMPLAINT NO. MKUS/2013-14 DATED 10-03-2014 FILED BY THE SECRETARY, MAKAYILAM KSHETRA UPADESAKA SAMITHY BEFORE THE SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD OBTAINED UNDER RTI ACT THE TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO. 4715 OF 2016 DATED 18.03.2016 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE ASSISTANT COMMISSIONER, TRIPUNITHURA GROUP, COCHIN DEVASWOM BOARD DATED 31-05-2016 OBTAINED UNDER RIGHT TO INFORMATION ACT ON 02-11- 2022 THE TRUE COPY OF THE COMPLAINT NO. M4- 4120/13 DATED 31-08-2016 FILED BY THE DEVASWOM ASSISTANT COMMISSIONER, TRIPUNITHURA GROUP BEFORE THE ASSISTANT COMMISSIONER OF POLICE, KAKKANAD OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P17 THE TRUE COPY OF THE LETTER NO. M4.4120/13 29 WPC No.42289 of 2022 2025:KER:27688 DATED 08-09-2016 ISSUED BY THE DEVASWOM ASST. COMMISSIONER, TRIPUNITHURA GROUP TO THE SPECIAL DEVASWOM COMMISSIONER, THRISSUR OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit P18 THE TRUE COPY OF THE ORDER NO. M.5233/2017 DATED 08-04-2019 PASSED BY THE 2ND RESPONDENT OBTAINED UNDER THE RTI ACT Exhibit P19 THE TRUE COPY OF THE ORDER DATED 20.05.2019 IN DBP NO. 18 OF 2018 PASSED BY THIS Exhibit P20 Exhibit P21 Exhibit P22 Exhibit P23 Exhibit P24 Exhibit P25 HON’BLE COURT THE TRUE COPY OF THE OF THE ORDER NO. M- 5233/17 DATED 10-06-2019 PASSED BY THE 2ND RESPONDENT OBTAINED UNDER THE RTI ACT THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE 5TH RESPONDENT BY THE SPECIAL DEVASWOM COMMISSIONER DATED NIL OBTAINED UNDER THE RTI ACT THE TRUE COPY OF THE ORDER NO. M-4820/19 DATED 27-08-2021 PASSED BY THE 2ND RESPONDENT OBTAINED UNDER THE RTI ACT THE TRUE COPY OF ORDER NO. M.4820/19 DATED 03-09-2021 PASSED BY THE SPECIAL DEVASWOM COMMISSIONER OBTAINED UNDER THE RTI ACT THE TRUE COPY OF THE LETTER NO. M1-4240/21 DATED 09-12-2021 ISSUED BY THE DEVASWOM ASSISTANT COMMISSIONER TRIPUNITHURA GROUP TO THE 3RD RESPONDENT OBTAINED UNDER RTI ACT THE TRUE COPY OF THE LETTER NO. M1-4240/21 DATED 23-03-2022 SENT BY THE DEVASWOM ASSISTANT COMMISSIONER TO THE 3RD RESPONDENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT 30 WPC No.42289 of 2022 2025:KER:27688 RESPONDENT EXHIBITS EXHIBIT R2 ( b ) EXHIBIT R2 ( a ) True copy of Official Memorandum No. M. 7041/22 dated 21.6.2022 issued by the 3rd respondent. True copy of report No. 439/VIG/CDB/22 dated 10.6.2022 submitted by the Chief Vigilance Officer, Cochin Devaswom Board to the 3rd respondent. EXHIBIT R2 ( c ) True copy of explanation dated 8.7.2022 submitted by the 6th respondent. EXHIBIT R2 ( e ) True copy of letter dated 4.7.2022 submitted by the 5th respondent to the 2nd respondent. EXHIBIT R2 ( f ) True copy of official memorandum No. M. 7041/22 dated 25.1.2023 issued by the 3rd respondent. EXHIBIT R2 ( d ) True copy of explanation dated 8.7.2022 submitted by the 7th respondent. EXHIBIT R 11 ( a ) True copy of order dated 20/05/2019 in DBP No. 18 of 2018 passed by this Honourable Court EXHIBIT R 11 ( b ) True copy of Order No. M 4820/2019 dated 03/09/2021 issued by the 10th Respondent