SUO MOTU v. STATE OF KERALA

SRI S.RAJMOHAN, SR.GOVERNMENT PLEADER; SRI G. BIJU, SC, TRAVANCORE DEVASWOM BOARD; SRI N.RAGHURAJ, AMICUS CURIAE FOR SPL.COMMISSIONER, SABARIMALA THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SSCR No.46 of 2023 Anil K. Narendran, J. 3 ORDER The learned Special Commissioner, Sabarimala has filed this report regarding misappropriation of around Rs.20,00,000/- from Swamy Ayyappa Fuels owned by the Travancore Devaswom Board at Nilakkal. In the report it is stated that Sri. Anoop Krishna, the official in-charge of Swamy Ayyappa Fuels at Nilakkal, has misappropriated a sum of Rs.20,69,306/- between the period 01.04.2023 and 19.10.2023. Crime No.17 of 2023 is registered at Nilakkal Police Station under Section 409 of the Code of Criminal Procedure, 1973. The accused was arrested and remanded and the investigation is being conducted. In the report, it is stated that the major part of the misappropriated amount is recovered and remitted.

2. Heard the learned Senior Government Pleader for respondents 1 and 2, the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 5 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

3. The learned Standing Counsel for Travancore Devaswom Board would submit that the alleged employee, Anoop Krishna, has already been placed under suspension, pending disciplinary proceedings. The employee has already SSCR No.46 of 2023 4 remitted the misappropriated amount. The Overseer, who was holding the charge of Assistant Engineer, Nilakkal, has also been placed under suspension for supervisory lapses.

4. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. Section 15A of the Act, 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. As per Section 16 of the Act, the Board shall, subject to the provisions of Part I of the Act, exercise supervision SSCR No.46 of 2023 5 and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. As per Section 31 of the Act, 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.

5. 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.

6. 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 SSCR No.46 of 2023 6 the law laid down in the decisions referred to supra, the 3rd respondent Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the said Act, under the Chengannur Group. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. 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 Sabarimala Devaswom 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.

7. In Suo motu [2022 (2) KHC 411] this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom 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 SSCR No.46 of 2023 7 such wrongful claims, theft or 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.

8. 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.

9. Having considered report of the Special Commissioner, Sabarimala and the submissions made at the Bar, we notice that the misappropriation committed by the official in- charge of Swamy Ayyappa Fuels, a petrol pump owned by the Travancore Devaswom Board at Nilakkal was detected only at the SSCR No.46 of 2023 8 time of audit, he was in-charge of that petrol pump from

21.06.2021. In the inspection conducted by the State Audit Department on 07.12.2023 a shortage of Rs.18,05,535/- was detected in the remittance of collection from 20.10.2023 to

16.11.2023. He remitted that amount on 08.12.2023 vide four challans. Thereafter, the State Audit Department conducted an inspection on 15.12.2023 in which a shortage of Rs.20,69,306/- was detected in the remittance of collection from 01.04.2023 to

15.12.2023. From the submissions made by the learned Standing Counsel for Travancore Devaswom Board, we notice that an Overseer was holding charge of the Assistant Engineer, Nilakkal, who has also been placed under suspension for supervisory lapses.

10. It is for the Travancore Devaswom Board to take appropriate measures in Swamy Ayyappa Fuels, the petrol pump owned by the Board at Nilakkal, based on the suggestions made by the 2nd respondent Deputy Director, Kerala State Audit Department, to prevent such misappropriations in future. The decision taken by the Board, within a period of two weeks, shall be communicated to the Special Commissioner, Sabarimala, who shall bring it to the notice of this Court by filing a report. The 2nd respondent Deputy Director shall file a DBAR on the above SSCR No.46 of 2023 9 aspect, after serving a copy of the same to the learned Amicus Curiae for Special Commissioner, Sabarimala. This SSCR is disposed of as above. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE AV/4/1