Kerala High Court · 2024

directions from this Court in that regard.

2. It is desirable to consider Annexure R1(g) Charthu dated 13.03.2024 given by Temple Thantri, suggesting 13th Medam 1199 M.E (26.04.2024) morning 08.41 a.m. to

09.21 a.m. as an auspicious time for the Dhwaja Prathishta as it is essential to consider the ritualistic importance and spiritualistic fervour of devotees as well.

3. A tripartite agreement has to be executed with Thiruvabharanam Commissioner, Secretary, Parassala Devaswom Temple Advisory Committee and the proprietor of Smart Creations, Chennai as its parties, including all necessary clauses as indicated in the draft tripartite agreement produced as Annexure R1(i), after necessary corrections, as indicated in the remarks of the 1st respondent, before the commencement of gold plating works on Golden Dwajam at Parassala Devaswom.

4. In the DBA, is stated that the Devaswom Commissioner is authorised to direct the Temple Advisory Committee of Parassala Devaswom to produce audited accounts within a period of one month on completion of work of Golden Dwajam (clause 10 of Annexure A10 order

20.03.2024). Hence, the Board may be directed to take timely and necessary steps in this regard.

5. The audit of accounts in terms of revenue and expenditure incurred on the construction work of the Golden flagpole at Parassala Devaswom will duly be carried DBA No.2 of 2024 15 out by Kerala State Audit Department along with the audit at Parassala Devaswom.”

21. Having considered the pleadings and materials on record and also the submissions made by the learned Standing Counsel for the Travancore Devaswom Board and the learned Senior Government Pleader for the 1st respondent Deputy Examiner of Local Fund Audit, Travancore Devaswom Audit, we notice that, as stated in the affidavit filed by the 1st respondent, there is laxity on the part of the Travancore Devaswom Board to intimate the work to this Court well in advance, for which the Board has not offered any explanation whatsoever, other than the submission that he was instructed to file this DBA seeking permission for the construction of Golden Dwajam in Parassala Sree Mahadeva Temple, based on Annexure A10 Board order dated 20.03.2024. Such an order was issued after obtaining Annexure R1(g) Charthu dated 13.03.2024 given by Temple Thantri, suggesting 26.04.2024 (13th Medam 1199 M.E.) morning 08.41 a.m. to 09.21 a.m. as an auspicious time for the Dhwaja Prathishta. The total estimate for the work is more than Rs.1 Crore, as evident from Annexure A5 order dated

15.07.2023.

22. The procedure that has to be followed for the DBA No.2 of 2024 16 commencement and completion of Maramath by the Travancore Devaswom Board is laid down by various orders of this Court. We notice that, the requirement of the Board to file a Maramath Petition seeking permission from this Court for awarding the work when the estimated cost is Rs.20 Lakhs and above is not followed in a case in which the work is awarded to the Temple Advisory Committee constituted under Section 31A of the Act and that Committee is granted permission to raise funds by way of contributions from the devotees. Similarly, the requirement of filing Maramath Petition is not followed in a case in which the work is undertaken by the amount offered by a devotee by way of sponsorship. Instead, in such cases, a petition like the present DBA is being filed by the Travancore Devaswom Board, as done in the case of the construction of a gold-plated flagpole in Kaduthuruthi Thaliyil Sree Mahadeva Temple, another temple under the management of the Board, which was the subject matter in DBA No.3 of 2022, which was disposed of by Annexure A11 order dated 17.06.2022. We strongly deprecate the practice being followed by the Travancore Devaswom Board in filing applications like the present DBA, seeking permission for the construction of the golden Dhwajam in Parassala Sree Mahadeva Temple, a temple under the management of the Board, for a DBA No.2 of 2024 17 total estimate of more than Rs.1 Crore, after fixing an auspicious time for the Dhwaja Prathishta.

23. In the above circumstances, we deem it appropriate to dispose of this DBA by making it clear that it would be open to the Travancore Devaswom Board to proceed with construction of the golden Dhwajam in Parassala Sree Mahadeva Temple, subject to the remarks of the 1st respondent Deputy Examiner for Local Fund Audit, strictly in terms of the procedure contemplated in clauses 1 to 11 of Annexure A10 order dated

20.03.2024, after executing a tripartite agreement between Thiruvabharanam Commissioner, the Secretary of the Temple Advisory Committee of Parassala Devaswom and the proprietor of Smart Creations, Chennai, including all necessary clauses as indicated in the draft tripartite agreement produced as Annexure R1(i) along with the affidavit filed by the 1st respondent, after necessary corrections, as indicated in the remarks of the 1st respondent, before the commencement of gold plating works of the Golden Dwajam in Parassala Devaswom. The entire exercise of the preparation of mahazar, transportation, purification, electro-plating process and installation of the Golden Dwajam shall be under the direct supervision of Thiruvabharanam Commissioner, Superintendent of Police (Vigilance & Security), DBA No.2 of 2024 18 Travancore Devaswom Board, an officer authorised by the 1st respondent Deputy Examiner for Local Fund Audit, Executive Engineer, Thiruvananthapuram, Deputy Devaswom Commissioner, Thiruvananthapuram, Assistant Devaswom Commissioner, Neyyattinkara, Assistant Engineer, Neyyattinkara and Sub Group Officer, Parassala Devaswom and the Secretary of the Temple Advisory Committee. The entire process shall be videographed by the Travancore Devaswom Board and a copy of the video shall be given to the 1st respondent Deputy Examiner for Local Fund Audit and the Secretary of the Temple Advisory Committee.

24. The audited accounts of the installation of the Golden Dwajam in Parassala Devaswom shall be submitted by the Temple Advisory Committee before the Assistant Devaswom Commissioner, within one month from the date of installation of the Golden Dwajam, which shall be subjected to internal audit by the Internal Audit Wing of the Travancore Devaswom Board. Thereafter, the audit of accounts in terms of revenue and expenditure incurred on the construction work of the Golden Dwajam in Parassala Devaswom shall be subjected to audit by the Kerala State Audit Department, Travancore Devaswom Board Audit. DBA No.2 of 2024 19

25. As already noticed hereinbefore, the procedure that has to be followed for the commencement and completion of Maramath by the Travancore Devaswom Board, as laid down by various orders of this Court, is not followed in a case in which the work is awarded to the Temple Advisory Committee constituted under Section 31A of the Act and that Committee is granted permission to raise funds by way of contributions from the devotees. Similarly, the requirement of filing Maramath Petition is not followed in a case in which the work is undertaken by the amount offered by a devotee by way of sponsorship. In such matters, applications are being filed by the Travancore Devaswom Board seeking permission for the construction of the Golden Dhwajam in a temple under its management, after fixing an auspicious time for the Dhwaja Prathishta. In the instant case, the total estimate is more than Rs.1 Crore. In the above circumstances, we deem it appropriate to direct the 1st respondent Deputy Examiner for Local Fund Audit to file a detailed report on the procedure to be followed while undertaking Maramath works in the Devaswoms under the management of Travancore Devaswom Board, when the Temple Advisory Committee is granted permission to undertake the work after raising funds by way of contributions from the devotees or DBA No.2 of 2024 20 when the work is undertaken by the amount offered by a devotee, by way of sponsorship. The report of the 1st respondent Deputy Examiner shall be numbered as DBAR and listed before the Devaswom Bench, immediately after summer vacation. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE AV DBA No.2 of 2024 21 APPENDIX OF DBA 2/2024 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 Annexure A8 Annexure A9 Annexure A10 TRUE COPY OF THE ORDER VIDE ROC.8712/22/M DATED TRAVANCORE DEVASWOM BOARD

29.09.2022 ISSUED BY TRUE COPY OF THE OPINION OF THE TANTRI DATED ASSISTANT ADDRESSED 18.08.2022 DEVASWOM COMMISSIONER, NEYYATTINKARA THE TO COPY TRUE VIDE THE ROC.8712/22/M DATED 16.01.2023 ISSUED BY TRAVANCORE DEVASWOM BOARD PROCEEDINGS OF TRUE COPY OF THE ESTIMATE TOGETHER WITH THE FORWARDING LETTER, CE/W/TVM-1/2023/25 DATED 12.07.2023 OF THE CHIEF ENGINEER TO THE TRAVANCORE DEVASWOM BOARD COPY TRUE VIDE THE ROC.8712/22/M DATED 15.07.2023 ISSUED BY THE TRAVANCORE DEVASWOM BOARD PROCEEDINGS OF COPY TRUE VIDE THE ROC.8712/22/M DATED 28.09.2023 ISSUED BY THE TRAVANCORE DEVASWOM BOARD PROCEEDINGS OF TRUE COPY OF THE CHARTHU DATED 13.03.2024 OF NARAYANAN THE NAMBOOTHIRI BRAHMASREE TANTRI, K.C. TRUE COPY OF TDB REPORT NO.17 OF 2022 IN DBA NO.3 OF 2022 DATED 13.06.2022 SUBMITTED BY THE LEARNED OMBUDSMAN BEFORE THE HON’BLE HIGH COURT OF KERALA TRUE COPY OF THE QUOTATION DATED 04.03.2023 ISSUED BY SMART CREATIONS, CHENNAI TO THE TEMPLE ADVISORY COMMITTEE OF PARASSALA SREE MAHADEVA TEMPLE TRUE COPY OF THE ORDER VIDE ROC.8712/22/M TRAVANCORE DATED DEVASWOM BOARD

20.03.2024 ISSUED BY DBA No.2 of 2024 Annexure A11 RESPONDENT ANNEXURES 22 TRUE COPY OF THE ORDER DATED 17.06.2022 IN DBA NO.03/2022 PASSED BY THE HON’BLE HIGH COURT OF KERALA Annexure R1(a) Proceedings No. R.O.C. 8712/22/M dated 29.09.2022 of Travancore Devaswom Board PETITIONER ANNEXURES Annexure A12 BE EXECUTED TRUE COPY OF THE DRAFT OF THE TRIPARTITE AGREEMENT THE TO TRAVANCORE THIRUVABHARANAM DEVASWOM BOARD, SECRETARY, TEMPLE ADVISORY COMMITTEE, PARASSALA SREE MAHADEVA TEMPLE AND PROPRIETOR OF SMART CREATIONS, CHENNAI FOR EXECUTING THE GOLD PLATING WORK OF DHWAJAM IN PARASSALA DEVASWOM COMMISSIONER, AMONG RESPONDENT ANNEXURES Annexure R1(d) Proceedings No. R.O.C. 8712/22/M dated 28.09.2023 of Travancore Devaswom Board Annexure R1(e) TDB Report No. 17 of 2022 in DBA 03 of 2022 Annexure R1(f) Quotation No. SC/MKTG/2022-2023/GPL/165/qtn dated 04/03/2023 Annexure R1(g) Suggestion of Temple Thantri dated 13.03.2024 Annexure R1(h) Proceedings No. R.O.C. 8712/22/M dated 20.03.2024 of Travancore Devaswom Board Annexure R1(i) The draft tripartite agreement Annexure R1(b) Proceedings No. R.O.C. 8712/22/M dated 16.01.2023 of Travancore Devaswom Board Annexure R1(c) Proceedings No. R.O.C. 8712/22/M dated 15.07.2023 of Travancore Devaswom Board