Suresh Kumar vs The Devaswom Commissioner on 28 July, 2025

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Kerala High Court

Suresh Kumar vs The Devaswom Commissioner on 28 July, 2025

This DBP is registered based on report No.34 of 2023 of the learned Ombudsman for Travancore and Cochin Devaswom Boards, in complaint No.152 of 2023 made by the petitioner, who is a devotee of Sree Vallabha Temple, Thiruvalla. In the complaint, various irregularities in the conduct of 'Thiruvuthsavam-2023' of Sreevallabha Temple, Thiruvalla, for the period from 23.02.2023 till 04.03.2023 are pointed out. Along with the complaint dated 30.03.2023, the petitioner produced a copy of the notice published by 'Thiruvuthsava Committee-2023', running to more than 53 pages, in which three pages contain the photographs of the members of the Temple Advisory Committee of Sree Vallabha Temple, the members of 'Thiruvuthsava Committee' and the Joint Convenors.

2. On 19.09.2023, when this DBP came up for consideration, additional respondents 5 to 9 were suo motu impleaded in the party array, and the description of respondents 6 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 2 to 4 was also corrected suo motu. The learned Standing Counsel for the Travancore Devaswom Board took notice for respondents 1 and 5 and sought time to get instructions. The learned Senior Government Pleader entered appearance for respondents 6 and 7. Notice by e-mail was ordered to respondents 2 to 4 and the additional 8th respondent.

3. On 19.09.2023, to a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board submitted that the very same practice of publishing notice as that of the notice published by the Thiruvuthsava Committee-2023 is being followed by the Temple Advisory Committees of other major temples under the management of the Travancore Devaswom Board. The income and expenditure of temple festivals are subject to audit by the Devaswom Audit Department, which is subject to further scrutiny by the State Audit Department. In paragraphs 7 and 8 of the order dated 19.09.2023, this Court noticed the allegations in the complaint as under:

"7. It is pertinent to note that one of the allegations in the complaint dated 30.03.2023 (Sl.No.14) is as follows;

DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 "14. 2023 തിരുവുത്സവത്തിന്‌ 32 ലക്ഷം രൂപയുടെ കൂപ്പൺ സീൽ ടെയ്‌ടതങ്കിലും മിച്ചം വരാത്ത രീതിയിൽ ആർഭാെപൂർവം െിലവഴിച്ചു."

Another allegation in the complaint dated 30.03.2023 at Sl.No.4 is as follows:

4. ക്ഷക്ഷത്ത ഉപക്ഷേശക സമിതിയിൽ ഉൾടപ്പൊൻ ക്ഷയാഗ്യതയിടലെന്ന് ക്ഷേവസവം കമ്മിഷണർ ഉത്തരവിട്ട അരുൺ രാജിടെ തിരുവുത്സവ കമ്മിറ്റിയിൽ കൺവീെറായും ഉൾടപ്പെുത്തി.

8. Clause No.4 of the explanation dated 15.05.2023 offered by the Temple Advisory Committee before the learned Ombudsman, which deals with the above allegation, is as follows;

4. ക്ഷക്ഷത്തത്തിൽ െുറ്റുവിളക്ക് കത്തിക്കുന്ന ഭക്തജെങ്ങടള െിയത്രിക്കുന്നതിന്‌ ക്ഷവണ്ടി മാത്തമാണ് ഈ ആടള ഏർപ്പാൊക്കിയത്".

4. The additional 5th respondent filed an affidavit dated 05.02.2024, producing therewith Exts.R5(a) and R5(b) documents. Paragraphs 4 to 6 of that affidavit read thus:

"4. It may be noted that the Board or it's officials had never entrusted the Temple Advisory Committee for constituting various committees by including those persons who were found acting against the Bye-Iaw or misappropriation. As part of the festival, at the time of constituting various sub committees, there was agreement with the temple advisory committee to the extent to exclude those persons who were 8 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 found in misappropriation of funds cases.

5. It is submitted that as per the agreement, the donations and the expenses related to the festival shall be completely done through the Bank account alone. As regarding the constituting of Deva Prashna Parihara Kriya Committee is concerned, the same was done by the TAC without obtaining any permission from the Board or it's officials. Earlier when the TAC had submitted an application before these respondents seeking permission for constituting a Development Committee, the same was rejected by the Devaswom Commissioner vide Order dated 02/08/2023. True copy of the order dated 02/08/2023 issued by the Devaswom Commissioner is produced herewith and marked as Annexure R5(a).

6. It may be noted that as regarding the allegations raised by the Petitioner, a report was sought from the Assistant Devaswom Commissioner, Thiruvalla and he had submitted his report on 05.02.2024 wherein it is recommended to have an enquiry either through the Deputy Devaswom Commissioner or through the Vigilance and to conduct the audit of the TAC also. True copy of the report dated 05.02.2024 issued by the Assistant Devaswom Commissioner, Thiruvalla is produced herewith and marked as Annexure-R5(b). It is submitted that further steps in the matter will be taken immediately after the festival of the temple"

DBP No.14 of 2024 9

DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069

5. This DBP is registered vide proceeding dated 06.02.2024 based on a complaint dated 16.01.2024 by the petitioner alleging various illegalities committed by the Temple Advisory Committee of the temple in question viz., Sree Vallabha Maha Temple, Thiruvalla. Along with that complaint, the petitioner enclosed various documents.

6. On 07.02.2024, when DBP No.14 of 2024 came up for consideration, having considered the materials on record and also the submissions made by the learned Senior Government Pleader and also the learned Standing Counsel for the Travancore Devaswom Board, we directed the learned Standing Counsel to make available, for the perusal of this Court the files relating to the constitution of devaprasna pariharakriya committee in Sree Vallabha Maha Temple, Thiruvalla and also that relating to order No.ROC 329/21/N.S.2 dated 26.06.2023 of the Devaswom Commissioner.

7. On 13.02.2024, when these DBPs, along with some connected matters, came up for consideration, it was ordered that the Travancore Devaswom Board shall ensure that committees, 10 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 like Sree Vallabheswara Annadana Committee, Sree Vallabha Kshethra Vikasana Samithi, Devaprasna Priharakriya Committee etc, are not permitted any activity in Sree Vallabha Temple, Thiruvalla, which is a temple under the management of Travancore Devaswom Board.

8. On 15.02.2024, when these DBPs along with connected matters came up for consideration, the learned Standing Counsel for the Travancore Devaswom Board submitted that after the order dated 13.02.2024, the Temple Advisory Committee of Sree Vallabha Temple released a booklet, in connection with the annual festival. Though that booklet was distributed among a limited number of devotees, the same was taken back on 14.02.2024. The learned counsel for the Temple Advisory Committee handed over a copy of the festival notice. The learned Standing Counsel for the Travancore Devaswom Board and also the learned counsel for the petitioner in W.P.(C)No.25713 of 2023, which was considered along with the above DBPs and connected matters, pointed out that the document handed over by the learned counsel of the Temple Advisory Committee is not the booklet which was 11 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 released on 13.02.2024. This Court directed to post the matter at 2.00 p.m. on that day with a direction to the learned counsel for the Temple Advisory Committee to make available for the perusal of this Court a soft copy of that booklet.

9. On 15.02.2024 at 2.00 p.m., by a detailed order this Court directed the Travancore Devaswom Board to conduct the annual festival in terms of the notice, subject to further orders to be passed in W.P.(C)No.5439 of 2024, which was also considered along with these DBPs and connected matters.

10. On 24.07.2024 when these DBPs taken up for consideration, the learned Standing Counsel for the Travancore Devaswom Board submitted that the enquiry report of the concerned officer of the Vigilance Wing of the Travancore Devaswom Board has already been submitted before the Chief Vigilance and Security Officer, which will be placed before the President of the Board for necessary action.

11. In DBP No.14 of 2024 the learned Standing Counsel for the Travancore Devaswom Board, along with a memo dated 12.08.2024, produced Annexures R2(a) and R2(b) documents. 12 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 The said memo reads thus:

"I am the Standing Counsel appearing for the Travancore Devaswom Board in the above Writ Petition. When the matter came up before this Hon'ble Court on 24/07/2024, the enquiry being conducted by the Vigilance wing of TDB in the matter was brought into the notice of this Hon'ble Court. Now the Sub Inspector of Police, Vigilance wing has submitted his report dated 18/07/2024 to the Superintendent of Police, Vigilance and Security Office, TDB. True copy of the report dated 18/07/2024 submitted by the Sub Inspector of Police, Vigilance wing to the Superintendent of Police, Vigilance and Security Office, TDB is produced herewith and marked as Annexure-R2(a).

2. It may be noted that based on Annexure-R2(a) report, the Superintendent of Police, Vigilance Wing of the Travancore Devaswom Board has submitted his final report dated 30/07/2024 to the President of the Board. True copy of the report dated 30/07/2024 submitted by the Superintendent of Police, Vigilance Wing of the Travancore Devaswom Board is produced herewith and marked as Annexure-R2(b)".

12. In DBP No.14 of 2024, the 7th respondent filed an affidavit dated 28.11.2024, producing therewith Exts.R7(a) to R7(o) documents.

13. In DBP No.14 of 2024, the 8th respondent filed a counter-affidavit dated 07.01.2025. The 8th respondent produced 13 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 Annexures R8(a) and R8(b) documents along with I.A. No.1 of 2025.

14. In DBP No.14 of 2024, the 7th respondent filed an additional counter affidavit dated 03.03.2025, producing therewith Exts.R7 (P) to R7(w) documents.

15. In DBP No.88 of 2023, the additional 5th respondent filed an affidavit dated 05.02.2024, producing therewith Exts.R5(a) and R5(b) documents.

16. Heard the learned counsel for the petitioners, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and the respective counsel appearing for party respondents and perused the materials on record.

17. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board invited our attention to Annexure R2(a) report dated 18.07.2024 submitted by the Sub Inspector of Police, Vigilance Wing of Superintendent of Police, Vigilance and Security Office, Travancore Devaswom Board and Annexure R2(b) final report dated 30.07.2024 submitted by the 14 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 Superintendent of Police, Vigilance Wing of Travancore Devaswom Board to the President of the Board produced in DBP No.14 of 2024. From those reports, we notice that the allegations raised in the complaints are under consideration by the Board.

18. From the submissions made at the Bar, we may also notice that in the order/judgment dated 18.02.2025 in W.P.(C) No.25713 of 2023 and DBP No.95 of 2023, this Court has issued certain directions in respect of the temple in question. In W.P.(C) No.25713 of 2023, the petitioner therein, who is a devotee of Thiruvalla Sree Vallabha Temple, sought a writ of mandamus commanding the respondents therein to implement the findings and prediction of devaprasnams for the year 2004 and 2022 in its entirety, conduct 'Ashtabandha Kalasam' in the temple and reinstall the golden flag mast of the temple forthwith, or within such time as this Court deem fit and proper. The petitioner therein also sought some other reliefs in that writ petition. DBP No.95 of 2023 was registered based on Special Report No.36 of 2023 of the learned Ombudsman in Report No.5 of 2021 in Complaint Nos.146 and 163 of 2023. The grievance of the complainants in those 15 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 complaints was regarding the failure on the part of the Travancore Devaswom Board in conducting essential repairs, maintenance and renovation of the temple structures of Thiruvalla Sree Vallabha Temple. After a detailed discussion of the contentions raised by the parties and the materials on record, this Court disposed of the DBP and the writ petition by issuing certain directions. Paragraphs 16 and 17 of that order /judgment read thus:

"16. In W.P.(C)No.25713 of 2023, one of the reliefs sought for is a writ of mandamus commanding the Travancore Devaswom Board to form a Master Plan Committee, including the members of the Temple Advisory Committee of Thiruvalla Sree Vallabha Temple, for organising, convening and implementing the predictions and findings of the Devaprasnams of the years 2004 and 2022, the essential conduct of 'Ashtabandha Kalasam' and the reinstallation of the damaged golden flag mast. The request made by the writ petitioner to form a Master Plan Committee in Thiruvalla Sree Vallabha Temple has already been rejected by Ext.R1(b) order dated 02.08.2023 of the Devaswom Commissioner, since the additional 5th respondent Temple Advisory Committee constituted as per the statutory requirements of sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions 16 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 Act, 1950, is in office. In view of the law laid down by this Court in Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290] and reiterated in Rajalekshmi P. [2023 (3) KHC 491], other than the Temple Advisory Committee constituted under Section 31A of the Act, no other committees like Devaprasna Pariharakriya Samithi, Annadana Samithi, Vikasana Samithi, etc., can have any activity whatsoever in Thiruvalla Sree Vallabha Temple. The 1st respondent Travancore Devaswom Board and its officials, i.e., respondents 2 to 4, shall take necessary steps to ensure compliance of the above direction, in letter and spirit, in Thiruvalla Sree Vallabha Temple.

17. The golden Dwajam of Thiruvalla Sree Vallabha Temple sustained damage due to lightning and the same was removed, pursuant to which Ashtamangala Devaprasnam was conducted in February 2022, in which several remedial measures were suggested. The previous Temple Advisory Committee, which was in office till October 2022, had done some of the remedial measures suggested. The Temple Advisory Committee constituted in November 2022 completed the remedial measures in respect of Nagar Prathishta and vazhipadu in different temples suggested in the Devaprasnam. As evident from Ext.R1(a) minutes dated 04.08.2023 all stakeholders agreed to complete the remedial measures, construction of toilet blocks, etc. However, the Tantri opined that the toilet facilities should be provided outside the compound wall of the temple. The 17 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 reinstallation of the golden Dwajam of Thiruvalla Sree Vallabha Temple, which sustained damage due to lightning, was the subject matter of DBP No.80 of 2024 registered based on Report No.47 of 2024 of the learned Ombudsman in Complaint No.87 of 2024. The said DBP, which was listed along with this writ petition and DBP, has already been disposed of by the order dated 04.02.2025. The learned Standing Counsel for Travancore Devaswom Board would submit that, as stated in the counter affidavit dated 15.09.2023 filed by respondents 1 to 4 in W.P.(C)No.25713 of 2023, the remaining poojas and remedial measures can be done after the completion of the construction activities. In such circumstances, the Travancore Devaswom Board and Devaswom Commissioner are directed to take necessary steps to ensure that the remaining poojas and remedial measures as per Ext.P3 (in W.P.(C)No.25713 of 2023) Ashtamangala Devaprasna Charthu of the Ashtamangala Devaprasnam conducted in Thiruvalla Sree Vallabha Temple, in February 2022, are completed in a time-bound manner, as per the opinion of the Tantri of the said temple".

Having considered the pleadings and materials on record and the submissions made at the Bar, especially the pendency of Annexures R2(a) and (b) reports before the Travancore Devaswom Board, we deem it appropriate to dispose of these DBPs directing the Board to take an appropriate decision in those 18 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 reports after affording the parties to these DBPs, opportunity of hearing, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this order.

The DBPs are ordered accordingly.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

sks                                 MURALEE KRISHNA S., JUDGE
                                     19




DBP Nos.88 of 2023 and 14 of 2024
                                                     2025:KER:58069

                         APPENDIX OF DBP 88/2023

RESPONDENT ANNEXURES

Annexure-R5(a)           True copy of the order dated 02/08/2023
                         issued by the Devaswom Commissioner.
Annexure-R5(b)           True copy of the report dated 05/02/2024
                         issued    by    the    Assistant    Devaswom
                         Commissioner, Thiruvalla.
                                     20




DBP Nos.88 of 2023 and 14 of 2024
                                                       2025:KER:58069

                         APPENDIX OF DBP 14/2024

RESPONDENT ANNEXURES

Annexure-R2(a)           True copy of the report dated 18/07/2024

submitted by the Sub Inspector of Police, Vigilance wing to the Superintendent of Police, Vigilance and Security Office, TDB. Annexure-R2(b) True copy of the report dated 30/07/2024 submitted by the Superintendent of Police, Vigilance Wing of the Travancore Devaswom Board.

Exhibit R7(a)            A true copy of the letter submitted by the
                         Temple    Advisory    Committee    before   the
                         Thiruvalla     Sub   Group    Officer,    dated
                         06.10.2024
Exhibit R7(b)            A true copy of the acknowledgment letter

issued by the Thiruvalla Sub Group Officer, dated 06.10.2024 for receiving accounts from the Temple Advisory Committee Exhibit R7(c) A true copy of the auditors certificate for conduct of Uthrasreebali Ulsav 2024 dated 01.10.2024 Exhibit R7(d) A true copy of the auditors certificate for conduct of Ramayanamasaacharanavum Sampoorna Ramayana Kadhakali Maholsavam from 17.07.2023 to 16.08.2023 dated 24.12.2023 Exhibit R7(e) A true copy of the auditors certificate for conduct of Saptahayangam and Udhana Ekadeshi from 19.09.2023 to 25.09.2023 dated 24.12.2023 Exhibit R7(f) A true copy of the screenshot of the whatsapp profile and message sent to Mr.Anish Vigilance officer Exhibit R7(g) A true copy of the acknowledgment letter issued by the Sub Group officer dated 27.06.2023 for receiving accounts from the Temple Advisory Committee Exhibit R7(h) A true copy of the RTI application seeking accounts of the Temple from 2020 to September 2024 dated 24.10.2024 Exhibit R7(i) A true copy of the RTI reply issued by from the Thiruvalla Assistant Commissioner's office of the Board dated 18.11.2024 Exhibit R7(j) A true copy of the explanation submitted by 21 DBP Nos.88 of 2023 and 14 of 2024 2025:KER:58069 the Temple Advisory Committee before the Sub Group officer Thiruvalla dated 02.11.2024 Exhibit R7(k) A true copy of the receipts issued by the Annadana Samithi Exhibit R7(l) A true copy of the complaint submitted by the Committee against the Annadana Samithi before Devaswom Commissioner dated 03.05.2023 Exhibit R7(m) A true copy of the complaint submitted by the sub group officer to the Assistant Devaswom Commissioner obtained as a reply to an RTI query, dated 09.10.2023 Exhibit R7(n) Photos of the room illegally occupied by the Annadana Samithi inside the temple premises Exhibit R7(o) Photo of the board of the Annadana Samithi visibe from within the temple Annexure R8(a) TRUE COPY OF THE LETTER DATED 26.12.2024 TO THE 6TH RESPONDENT BY THE APPLICANT / 8TH RESPONDENT Annexure R8(b) TRUE COPY OF THE COVERING LETTER TO LEARNED OMBUDSMAN DATED 26.12.2024 Exhibit R7(p) A true copy of circular ROC.10546/24/N.S2 dated 01.07.2024 issued by the Board Exhibit R7(q) A true copy of the representation before the Devaswom Sub-Group officer Thiruvalla dated 10.10.2024 Exhibit R7(r) A true copy of the representation before the Devaswom Commissioner dated 21.01.2025 Exhibit R7(s) A true copy of the representation before the President, TDB, dated 21.01.2025 Exhibit R7(t) A true copy of the order issued by the Devaswom Commissioner dated 20.02.2025 Exhibit R7(u) A true copy of the notice issued by the Sub Group officer dated 21.02.2025 Exhibit R7(v) A true copy of the letter submitted by Radhakrishnan before the Sub Group officer dated 26.10.2024 Exhibit R7(w) A true copy of the FIR no.339/2025 dated 15.02.2025

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