Kerala High Court
Maheswaran Nair vs Travancore Devaswom Board on 1 February, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 6436 OF 2021
PETITIONERS:
1 MAHESWARAN NAIR, AGED 58 YEARS
S/O.BALAKRISHNAN NAIR, SREENILAYAM, OOKKODE P.O.,
NEMOM, THIRUVANANTHAPURAM-20.
2 HARISIMHAN,
S/O.JAGANNATHAN ASARI, SOWRUDHA NAGAR, HOUSE NO.32,
OOKKODU P.O., NEMOM, THIRUVANANTHAPURAM-695 020.
BY ADV J.S.AJITHKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANKODE,
THIRUVANANTHAPURAM-695 001.
2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
NANTHANKODE, THIRUVANANTHAPURAM-695 001.
3 ASST. DEVASWOM COMMISSIONER,
NEYYATTINKARA GROUP, TRAVANCORE DEVASWOM BOARD,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695 023.
4 SUB GROUP OFFICER,
VELLAYANI SRI BHADRAKALI DEVI TEMPLE, NEMOM P.O.,
THIRUVANANTHAPURAM-695 020.
5 SMT.SEENA.K.B.,
W/O.SRI.PALOORKONAM SANAL, VIPANCHIKA, PALOORKONAM,
PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM-695
020.
W.P(C)Nos.6436 of 2021, etc.
-2-
6 SMT.SUBHASHINI.B.,
W/O.SACHIDANANDHAN, RESIDING AT USHAS,
THOPPUMMUKKU, KUNNUMKARA, OOKODE, VIA NEMOM P.O.,
MEMBER TEMPLE ADVISORY COMMITTEE OF MAJOR
VELLAYANI SRI.BHADRAKALI DEVI TEMPLE.
7 THE SUPERINTENDENT OF POLICE,
VIGILANCE, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM.
BY ADVS.SRI.G.SANTHOSH KUMAR (P).
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
V.SANJEEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2022, ALONG WITH WP(C).29342/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)Nos.6436 of 2021, etc.
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 8054 OF 2021
PETITIONER:
MAHESWARAN NAIR
AGED 58 YEARS
S/O. BALAKRISHNAN NAIR, SREENILAYAM, OOKKODE
P.O., NEMOM, THIRUVANANTHAPURAM-20
BY ADV J.S.AJITHKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
THIRUVANANTHAPURAM-695 001
2 THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM-695 001
3 THIRUVABHARANA COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM-695 001
4 THE SUPERINTENDENT OF POLICE,
VIGILANCE, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM-695 001
5 ASST.DEVASWOM COMMISSIONER,
NEYYATTINKARA GROUP, TRAVANCORE DEVASWOM BOARD,
NEYYATTINKARA,THIRUVANANTHAPURAM-695 023
W.P(C)Nos.6436 of 2021, etc.
-4-
6 SUBGROUP OFFICER,
VELLAYANI SRI BHADRAKALI TEMPLE, NEMOM P.O.,
THIRUVANANTHAPURAM-695 020
7 VELLAYANI DEVI TEMPLE ADVISORY COMMITTEE,
REPRESENTED BY THE SECRETARY, SMT.SEENA K.B.,
W/O. SRI.PALOORKONAM SANAL, VIPANCHIKA,
PALOORKONAM, PRAVANCHAMBALAM, NEMOM P.O.,
THIRUVANANTHAPURAM-695 020
*ADDL.R8 SREEKANTAN NAIR V, AGED 67 YEARS
S/O.VELAYUDHAN PILLAI, KOSHAVOOR PADINJATTIN
KARA, SANTHIVILA, VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM - 695020 - PRESIDENT ,
VALLAYANI DEVI TEMPLE ADVISORY COMMITTEE,
*ADDL.R9 V.A.VAISAKH, AGED 28 YEARS, S/O.VIMAL KUMAR,
ANITHA BHAVAN, PRAVACHAMBALAM, NEMOM P.O.,
THIRUVANANTHAPURAM - 695020 - VICE PRESIDENT,
VELLAYANI DEVI TEMPLE ADVISORY COMMITTE
*ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DATED
25.11.2021 IN IA 1/2021
BY ADVS.SRI.G.SANTHOSH KUMAR (P).
G.P.SHINOD
A.R.DILEEP
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
V.SANJEEV
P.J.JOE PAUL
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
S.SUNITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2022, ALONG WITH WP(C).29342/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)Nos.6436 of 2021, etc.
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 17829 OF 2021
PETITIONERS:
1 S.BHUVANACHANDRAN,
AGED 60 YEARS
S/O.SADANANDAN, SREEBHADRA, SIVODAYAM ROAD,
VELLAYANI, NEMOM P.O., THIRUVANANTHAPURAM 695
020.
2 N.V. RAVEENDRAN NAIR,
AGED 50 YEARS
S/O. NARAYANA PILLAI, KOLLAMVILAKATHU VEEDU,
KUDUMBANNOOR, PRAVACHAMBALAM, NEMOM
P.O.THIRUVANANTHAPURAM 695 020.
BY ADVS.R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD
OFFICE, NANTHANCODE, TRIVANDRUM 695 003.
2 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
DEVASWOM BOARD OFFICE, NANTHANCODE, TRIVANDRUM
695 003.
W.P(C)Nos.6436 of 2021, etc.
-6-
3 ASSISTANT DEVASWOM COMMISSIONER,
NEYATTINAKARA GROUP, FWPR+685, PRASANTHI NAGAR,
PAZHAVANGADI, THIRUVANANTHAPURAM, KERALA 695 023.
4 SUB GROUP OFFCIER,
VELLAYANI SHREE BHADRAKALI DEVI TEMPLE, NEMAM
P.O. THIRUVANANTHAPURAM 695 020.
5 SEEMA K.V
W/O. SANAL, VIPANCHIKA, PALURKONAM,
PRAVACHAMBALAM, TRIVANDRUM 695 020.
BY ADVS.G.SANTHOSH KUMAR (P).
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
V.SANJEEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2022, ALONG WITH WP(C).29342/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)Nos.6436 of 2021, etc.
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 21058 OF 2021
PETITIONER:
SIVA KUMAR S.,
AGED 47 YEARS
S/O. SUBBAYANASARI.K.,
MOOTHA VATHI (CHIEF PRIEST/MELSANTHI),
MAJOR VELLAYANI DEVI TEMPLE, AND RESIDING AT
VENNILA, THATTAMVILAKAM, VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM 695 020.
BY ADVS.AYYAPPAN SANKAR
RAGESH N.T.
S.HRIDYA
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NANTHENCODE P.O. THIRUVANANTHAPURAM 695 003.
2 THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
NANTHENCODE P.O. THIRUVANANTHAPURAM 695 003.
3 THIRUVABHARANA COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
NANTHENCODE P.O. THIRUVANANTHAPURAM 695 003.
4 ASSISTANT DEVASWOM COMMISSIONER,
NEYYATTINKARA GROUP,
TRAVANCORE DEVASWOM BOARD,
NEYYATTINKARA, THIRUVANANTHAPURAM 695 023.
W.P(C)Nos.6436 of 2021, etc.
-8-
5 SUB GROUP OFFICER,
MAJOR VELLAYANI DEVI TEMPLE, NEMOM P.O.,
THIRUVANANTHAPURAM 695 020.
6 VELLAYANI DEVI TEMPLE ADIVISORY COMMITTEE,
REPRESENTED BY ITS SECRETARY,
SMT. SEENA K.B., W/O. PALOORKONAM SANAL,
VIPANCHIKA, PALOORKONAM, PRAVACHAMBALAM, NEMOM
P.O., THIRUVANANTHAPURAM 695 006.
BY SRI. G.SANTHOSH KUMAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2022, ALONG WITH WP(C).29342/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)Nos.6436 of 2021, etc.
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 29342 OF 2021
PETITIONERS:
1 SUBHEESH S, AGED 32 YEARS
S/O. SURENDRAN, RESIDING AT PANAYIL VEEDU,
THENNOOR, VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM-695019.
2 RAJESH M.R., AGED 38 YEARS
S/O. B.MOHANAN NAIR, RESIDING AT KRISHNA
MANDIRAM, VALLAMCODU, KALLIYOOR, OOKODE P.O.,
THIRUVANANTHAPURAM-695020.
3 SURESH S., AGED 46 YEARS
S/O. SHANMUGHAN, VATTA VILA VEEDU, SARVODHAYAM,
VELLAYANI, NEMOM P.O., THIRUVANANTHAPURAM-695019.
4 S.ANIL KUMAR, AGED 49 YEARS
S/O. K.SASI KUMARAN NAIR, RESIDING AT KRISHNA
BHAVAN, PADINJATTU VILA, KALLIYOOR P.O.,
THIRUVANANTHAPURAM-695019.
5 C.ANILKUMAR, AGED 51 YEARS
S/O. CHANDRASEKHARAPILLAI, REVATHY BHAVANA,
PANANGOTTU VILAKOM, KALIYOOR P.O.,
THIRUVANANTHAPURAM-695020.
6 S.J.SREEKANTH, AGED 30 YEARS
S/O.SREEKANDAN NAIR,RESIDING AT SREELEKSHMI
NILAYAM, VALLAMCODU, KALLIYOOR P.O.,
THIRUVANANTHAPURAM-695020.
W.P(C)Nos.6436 of 2021, etc.
-10-
7 SYAM KUMAR S., AGED 35 YEARS
S/O. SIVAN KUTTY, RESIDING AT MELATHIL VEEDU,
THENNOOR, VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM-695020.
8 ANEESH KUMAR V.V., AGED 33 YEARS
S/O. VIJAYAKUMAR, RESIDING AT ASWATHY NIVAS,
SANTHIVILA, NEMOM P.O., THIRUVANANTHAPURAM-
695019.
9 ABHILASH S., AGED 35 YEARS
S/O. SYAMALAKUMAR, VILAYIL VILA KATHU VEEDU,
THENNOOR,VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM-695019
10 ANOOP D., AGED 34 YEARS
S/O. DIVAKARAN NAIR, RESIDING AT USHAMALARI,
SANTHIVILA, NEMOM P.O., THIRUVANANTHAPURAM-
695019.
BY ADV.SRI. J.S.AJITHKUMAR
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD
DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS
SECRETARY.
2 DEVASWOM COMMISSIONER,
DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM-695003.
3 DEPUTY DEVASWOM COMMISSIONER,
DEVASWOM COMMISSIONER OFFICE, DEVASWOM HEAD
QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM-695003.
4 ASST. DEVASWOM COMMISSIONER,
NEYYATTINKARA GROUP, TRAVANCORE DEVASWOM BOARD,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695023.
5 THE SUB GROUP OFFICER,
MAJOR VELLAYANI SRI BHADRAKALI DEVI TEMPLE, NEMOM
P.O., THIRUVANANTHAPURAM-695020.
W.P(C)Nos.6436 of 2021, etc.
-11-
6 THE TEMPLE ADVISORY COMMITTEE,
REPRESENTED BY ITS SECRETARY, MAJOR VELLAYANI SRI
BHADRAKALI DEVI TEMPLE, NEMOM P.O.,
THIRUVANANTHAPURAM-695020.
BY ADV G.SANTHOSH KUMAR (P).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2022, ALONG WITH WP(C).6436/2021,
8054/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)Nos.6436 of 2021, etc.
-12-
JUDGMENT
Anil K. Narendran, J.
These writ petitions relate to Major Vellayani Devi Temple, which is under the control and management of the 1 st respondent Travancore Devaswom Board. Since common issues are raised, these writ petitions are heard together and are being disposed of by this common judgment.
2. W.P(C)No.6436 of 2021 is one filed by the petitioners, who are the former President and Vice President of the Temple Advisory Committee of Vellayani Devi Temple, seeking a writ of certiorari to quash Ext.P16 order dated 05.03.2021 issued by the 2 nd respondent- Devaswom Commissioner, whereby the petitioners were removed from their respective posts in the Temple Advisory Committee and the 3 rd respondent-Assistant Devaswom Commissioner was authorised to elect new President and Vice President. The petitioners have also sought for a writ of mandamus commanding the 2 nd respondent-Devaswom Commissioner to take a decision on Exts.P7, P8 and P10 complaints and ensure recovery of the funds collected in the name of the Temple Advisory Committee of Major Vellayani Devi Temple, alleged to have been misappropriated by respondents 4 to 6 and others, in violation of Ext.P1 bye-laws. The further relief sought for is a writ of mandamus W.P(C)Nos.6436 of 2021, etc. -13- commanding the 2nd respondent Devaswom Commissioner to ensure strict compliance of Ext.P1 bye-laws by the Temple Advisory Committees constituted by the Travancore Devaswom Board and recover all the funds misappropriated or misutilized or irregularly used by the respondents 4 to 6 and others, other than through the bank accounts of the Temple Advisory Committee, as specified in Ext.P1, forthwith; and a writ of mandamus commanding respondents 2 and 3 to consider Ext.P15 complaint and disqualify the 6 th respondent from continuing as a member of the Temple Advisory Committee of Major Vellayani Devi Temple, in the light of Ext.P14 notice.
3. W.P(C)No.8054 of 2021 is one filed by the former President of the Temple Advisory Committee of Major Vellayani Devi Temple seeking a writ of mandamus commanding respondents 1 and 2 to ensure necessary repairs of 'Thankathirumudi' of Vellayani Devi, within a time bound manner, and return 'Thankathirumudi' at the shrine of the temple forthwith. The petitioner has also sought for an order restraining the respondents from reconstructing 'Thankathirumudi' and to preserve and protect the same as antique.
4. W.P(C)No.17829 of 2021 is one filed by the petitioners, who are the devotees of Vellayani Devi, seeking an order directing the Travancore Devaswom Board to conduct Audit and Vigilance enquiry as W.P(C)Nos.6436 of 2021, etc. -14- to the conduct of Kali Oottu Mahothsavam, 2020 between 14.02.2020 and 21.03.2020. They have also sought for an order directing the Travancore Devaswom Board to take appropriate steps to re-constitute the Temple Advisory Committee by conducting fresh election; and a writ of mandamus commanding the Board to take immediate steps to repair 'Thankathirumudi' and take it back to the temple forthwith.
5. W.P(C)No.21058 of 2021 is one filed by the Chief Priest/Melsanthi of Major Vellayani Devi Temple, seeking a writ of certiorari to quash Ext.P14 order dated 01.09.2021 of the 4 th respondent-Assistant Devaswom Commissioner, whereby it was ordered to conduct 'devaprashnam' for reconstructing 'Thankathirumudi' by sponsorship of the Temple Advisory Committee. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 to consider Exts.P12, P13, P15 and P16 representations, before taking any final decision as to the conduct of yet another 'devaprashnam' and before taking decision to reconstruct 'Thankathirumudi'.
6. W.P(C)No.29342 of 2021 is filed by the petitioners, who are devotees of Vellayani Devi, seeking a writ of certiorari to quash Ext.P5 order dated 13.12.2021 of the 3rd respondent-Deputy Devaswom Commissioner, whereby the tenure of the existing Temple W.P(C)Nos.6436 of 2021, etc. -15- Advisory Committee of Major Vellayani Devi Temple was extended for a period of 6 months from 17.06.2022. The petitioners have also sought for writ of mandamus commanding the 4th respondent to complete the election process and constitute a new Temple Advisory Committee at Major Vellayani Devi Temple within a shortest possible time, in accordance with Ext.P1 bye-laws, among the electoral college of Temple Advisory Committee.
7. In these writ petitions, this Court has passed various orders. Today when these matters are taken up for consideration, during the course of arguments, it is pointed out by the learned counsel on both sides that the repair work of 'Thankathirumudi' is already over and it is brought back to Vellayani Devi Temple.
8. Pursuant to the order of this Court dated 14.01.2022, the learned Standing Counsel for Travancore Devaswom Board has filed a statement pointing out the nature of repair works undertaken, the amount spent for repair of 'Thankathirumudi', details of offerings, etc. Paragraphs 4 to 7 of that statement read thus:
"4. It is submitted that the Travancore Devaswom Board had issued an order as R.O.C.No.429/20/M dated 27/12/2021 directing the Devaswom Commissioner to conduct Ashtamangala Devaprasnam after obtaining opinion for rectifying the damage in Thankathirumudi by utilizing the service of the sculptor W.P(C)Nos.6436 of 2021, etc. -16- (Shilpi) who had already done the work in the presence of Thiruvabharanam Commissioner, Deputy Devaswom Commissioner, Vigilance Officer, Assistant Devaswom Commissioner, Neyyatinkara, Sub Group Officer, Thanthri, Moothavathi of the temple and the office bearers of the temple advisory committee at the Devaswom Strong room at Parassala.
5. As per the order, the work was completed in the presence of the above mentioned officials, Thantri, Moothavathi and the office bearers of the Temple Advisory Committee in the strong room at Parassala from 01-01-2022 to 07-01-2022. It was kept safely in the strong room after its completion.
6. Prior to the commencement of work, the damages were examined in detail in the presence of above stated persons. It is found that on the left side of the row of "Nagapaththi", the 4 th and 5th "Paththi" from bottom to top were damaged. It was also found that the "Paththi" in lines 10 and 11 in the top were damaged. To rectify the damages, 42.9 gram gold and 299 gm./800 mg silver were collected by the Temple Advisory Committee from some devotees and handed over to the Devaswom Officer. The gold thus obtained was fully utilized and 162 gram of silver had remained as balance. Surplus silver was sealed in a cover and kept in the strong room. The following people had donated gold for this work.
1.Smt.Subhashini-8gm
2.Sri.Arun-8gm
3.Sri.Senthil-2gm
4.Sri.Gireeshkumar-10gm
5.SriSivakumar-1.99gm
6.Sri.A.S.Panicker-5gm
7.Smt.Seena K.B-8gm W.P(C)Nos.6436 of 2021, etc. -17-
7. It is further submitted that the work has not been Video graphed for security reasons. All procedures have been carried out in a very transparent manner and with great precision."
9. On the reliefs sought for in these writ petitions, insofar as it relates to repair work of 'Thankathirumudi', it is submitted by the learned counsel for the petitioners in the respective writ petitions and also the learned counsel for the party respondents that the grievance of the parties in respect of that issue stands redressed since 'Thankathirumudi' has already been repaired and brought back to Vellayani Devi Temple. Now, the subsisting grievance is regarding extension of the term of the existing Temple Advisory Committee; the conduct of 'devaprashnam'; and also alleged irregularities in the accounts of the Temple Advisory Committee.
10. Insofar as the extension of term of the Temple Advisory Committee is concerned, now the repair work of 'Thankathirumudi' is already over and it is brought back to Vellayani Devi Temple. The question as to whether 'devaprashnam' has to be conducted or not, has to be decided taking into consideration the opinion of Thanthri, which is placed on record along with Ext.R1(d) covering letter dated 04.12.2021 of the 3rd respondent-Assistant Devaswom Commissioner addressed to the 2nd respondent-Devaswom Commissioner. Paragraphs 3 to 6 of the additional statement filed in W.P.(C)No.6436 of 2021 by W.P(C)Nos.6436 of 2021, etc. -18- the learned Standing Counsel for the Travancore Devaswom Board read thus:
"3. It is submitted that when this Writ Petition came up along with the connected matters on 25.11.2021, this Hon'ble Court had passed an interim order directing the 3 rd respondent to obtain the opinion from the Tanthri of the Vellayani Devi Temple as to whether 'Devaprasnam' or 'Ashtamangala Devaprasnam' has to be conducted in the matter and it was also directed to ascertain the opinion of the Thanthri as regarding whether the 'Thanka Thirumudi' kept in the strong room has to be brought back to the temple for conducting 'Deva Prasnam/ Ashtamangala Devaprasnam'.
4. It is submitted that in compliance to the order of this Hon'ble Court, the 3rd respondent on 26.11.2021 had sought opinion from Brahmasree Narayanaru Krishnaru Thanthri, Vanchiyoor Athiyara Madom, the Thanthri of Vellayani Devi Temple. The Thanthri had submitted his opinion in the matter to the 3 rd respondent. It may be noted that the 3 rd respondent has forwarded the opinion of the Thantri along with a covering letter to the 2nd respondent on 04.12.2021. A true copy of the covering letter dated 04.12.2021 issued by the 3 rd respondent to the 2nd respondent along with the opinion submitted by Thanthri of Vellayani Devi Temple dated 02.12.2021 is produced herewith and marked as Annexure-R1(d).
5. It is submitted that the Thantri has opined that a detailed 'Ashtamangala Devaprasnam' has to be conducted at Vellayani Devi Temple in order to ascertain the "Devi Hitham" and it is also stated that the gold smith has given an assurance to the Thantri to the effect that he is ready to rectify the damages W.P(C)Nos.6436 of 2021, etc. -19- caused to the 'Thankathirumudi' within 3 days and therefore it is stated that the 'Thankathirumudi' has to be repaired from the Parassala strong room itself and thereafter the same has to be brought back into the Vellayani Devi Temple for conducting the detailed 'Ashtamangala Devaprasnam'.
6. It is further submitted that the Board is ready to act further in the matter based on Annexure-R1(d) provided if necessary directions is issued by this Hon'ble Court in the matter within a time frame fixed by this Hon'ble Court."
11. It is for the 1st respondent Travancore Devaswom Board to take an appropriate decision on the question of conducting 'devaprashnam', taking into consideration the opinion of Thanthri, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.
12. Insofar as election of new Temple Advisory Committee, in terms of approved bye-laws framed by the Travancore Devaswom Board under Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, is concerned, the repair work of 'Thankathirumudi' is already over and it is brought back to Vellayani Devi Temple. Now, what remains is the conduct of 'devaprashnam' taking note of the opinion of the Thanthri. Therefore, further extension of the term of Temple Advisory Committee is not required. Therefore, it is for the Assistant Devaswom Commissioner, Neyyattinkara, the 3 rd respondent in W.P.(C).No.6436 of 2021, to take necessary steps to W.P(C)Nos.6436 of 2021, etc. -20- conduct election to the Temple Advisory Committee of Vellayani Devi Temple, without violating the restrictions imposed in connection with Covid-19 pandemic, after obtaining necessary permission from the District Administration. Necessary steps in this regard shall be taken as expeditiously as possible, any any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Till the newly elected Temple Advisory Committee takes charge, the present Committee shall continue to hold office. However, no policy decisions shall be taken by the present Temple Advisory Committee. Ext.P5 extension order in W.P(C)No.29342 of 2021 is set aside to the above extent.
13. Insofar as the audit of the account of the Temple Advisory Committee of Vellayani Devi Temple is concerned, along with I.A.No.1 of 2021 in W.P(C)No.6436 of 2021 filed by the 1 st respondent, Ext.R1(c) letter dated 26.10.2021 of the Assistant Audit Officer is placed on record. Paragraphs 2 and 3 of that affidavit read thus:
"2. It may be noted that Ext.R1(a) audit note was placed in the board meeting and vide order dated 21.10.2021 the board had entrusted the Devaswom Commissioner to issue show cause notice and seek explanation from the Temple Advisory Committee and thereafter to proceed against them as revealed by Ext.R1(b).
3. It is submitted that now the Assistant Audit Officer who had W.P(C)Nos.6436 of 2021, etc. -21- issued Ext.R1(a) Audit Note had called the Sub Group Officer of TDB as well as the Secretary of the Temple Advisory Committee on 25.10.2021 for the purpose of making some clarifications with regard to Ext.R1 (a) Audit Note. Explanation was offered by the 5th respondent in the matter and the 4 th respondent had submitted a report in the matter also. Accordingly now the Assistant Audit Officer who has earlier issued Ext.R1(a) Audit Note has issued a letter to the Finance Commissioner on 26.10.2021 stating that as some details were not provided while preparing Ext.R1(a) audit note, she came to the conclusion that the act of the Temple Advisory Committee can be treated as corruption itself. However in the letter dated 26.10.2021, now it is stated that upon receiving the clarifications, it is found that there is no element of corruption being found by the activities of the Temple Advisory Committee. A true copy of the letter dated 26.10.2021 issued by the Assistant Audit Officer to the Finance Commissioner is produced herewith and marked as Exhibit- R1(c)."
14. The learned Standing Counsel for Travancore Devaswom Board would submit that the audit report is yet to be placed before the Board. Insofar as the alleged irregularity in the accounts of the Temple Advisory Committee of Vellayani Devi Temple is concerned, we notice that in the report in Complaint No.117 of 2020 [produced as Ext.P9 in W.P(C)No.6436 of 2021], the learned Ombudsman has ordered that before passing final orders, the parties will have to be heard by the Board. The report of the learned Ombudsman reads thus:
W.P(C)Nos.6436 of 2021, etc. -22- "2. The above Complaint alleging financial irregularity, transfer of fund and corruption charges against respondents 3 and 4 and requesting enquiry into the same, was considered and notice was issued to the parties.
3. Replies were filed denying, the allegations on facts. The Assistant Devaswom Commissioner, Neyyattinkara has also filed a reply. It is said that the income and expenditure of the Samithy is required to be produced for which notice had been issued. It is also stated that the first petitioner who is the President of the TAC, who kept away from the Uthsavam collection consciously. It is alleged that he is trying to create enmity among the Members.
4. The correctness or otherwise of the allegations and the facts stated in the reply, are matters on which a decision be taken by the Commissioner after the Accounts are got audited by the Internal Audit Wing of the TDB. Being a dispute party inter se and since it concerns to the Accounts of the TAC, such matters are to be considered at the first instance by the Devaswom authorities as adjudication of the Accounts of the TAC cannot be directly undertaken by this Office.
In the circumstances, the Commissioner will cause to conduct internal Audit of the Accounts of the TAC. Copy of the Complaint and replies received are forwarded to the Commissioner through the Liaison Office.
Before passing final Orders, the parties may also be heard."
15. Therefore, we deem it appropriate to direct the 1 st respondent Board to consider the objections raised by the petitioners in W.P(C)Nos.6436 of 2021 and 17829 of 2021, before taking an W.P(C)Nos.6436 of 2021, etc. -23- appropriate decision on that audit report.
With the above directions, these writ petitions are disposed of, leaving open the legal and factual contentions raised by both sides.
Registry shall return the original files relating to Ext.P5 proceedings in W.P.(C)No.29342 of 2021, to the learned Standing Counsel for Travancore Devaswom Board, which is kept in safe custody of Registrar (Judicial). The original of Ext.P18 series of receipts kept in sealed cover, in safe custody of Registrar (Judicial), shall also be returned to the learned counsel for the petitioners in W.P.(C)No.6436 of 2021.
sd/-
ANIL K. NARENDRAN, Judge sd/-
P.G. AJITHKUMAR, Judge.
bkn/-
W.P(C)Nos.6436 of 2021, etc. -24- APPENDIX OF WP(C) 6436/2021 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE GUIDELINES OF TRAVANCORE DEVASWOM BOARD DATED 05.06.2012.
EXHIBIT P2 COPY OF THE NOTICE FOR THIRUVAI DEVAPRASHNAM OF MAJOR VELLAYANI DEVI TEMPLE.
EXHIBIT P3 COPY OF THE STATEMENT OF ACCOUNT DATED 26.08.2020 OF THE SECRETARY AND TREASURER OF THE TEMPLE ADVISORY COMMITTEE APPROVED BY THE SUB GROUP OFFICER.
EXHIBIT P4 COPY OF THE STATEMENT OF ACCOUNT OF THE TEMPLE ADVISORY COMMITTEE AT INDIAN BANK, VELLAYANI BRANCH.
EXHIBIT P5 COPY OF THE COMPLAINT OF THE PETITIONERS TO THE 5TH RESPONDENT DATED 15.06.2020. EXHIBIT P6 COPY OF THE COMPLAINT OF THE PETITIONERS TO THE 3RD RESPONDENT DATED 08.07.2020. EXHIBIT P7 COPY OF THE COMPLAINT OF THE PETITIONERS TO THE 2ND RESPONDENT DATED 12.07.2020. EXHIBIT P8 COPY OF THE COMPLAINT OF THE PETITIONER TO THE SUPERINTENDENT OF POLICE, VIGILANCE TRAVANCORE DEVASWOM BOARD NANTHANCODE DATED 02.09.2020.
EXHIBIT P9 COPY OF THE ORDER DATED 02.11.2020 OF OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS.
EXHIBIT P10 COPY OF THE REPRESENTATION OF THE DEVOTEES DATED 29.01.2020 TO THE 2ND RESPONDENT.
EXHIBIT P11 COPY OF THE SHOW CAUSE NOTICE DATED 04.02.2021 GIVEN TO THE PETITIONERS BY THE 2ND RESPONDENT.
W.P(C)Nos.6436 of 2021, etc. -25- EXHIBIT P12 COPY OF THE OBJECTION OF THE PETITIONERS DATED 23.02.2021 TO THE 2ND RESPONDENT. EXHIBIT P13 COPY OF THE COMPLAINT OF ONE MANOJ KRISHNANILAYAM PMRA 32, PAPPANAMLODE, THRIVANANTHAPURAM DATED 01.07.2020 TO THE 1ST PETITIONER.
EXHIBIT P14 COPY OF THE EXTRACT OF THE NOTICE OF SHOVODAYAM SHIVA TEMPLE, VELLAYANI.
EXHIBIT P15 COPY OF THE COMPLAINT OF THE 1ST PETITIONERS TO THE RESPONDENTS 3 AND 4 DATED 28.02.2020.
EXHIBIT P16 COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 05.03.2021 SERVED TO THE PETITIONERS THROUGH PERSON ON 06.02.2021.
EXHIBIT P17 COPY OF THE EXTRACT OF THE NOTICE KALIYOOTU FESTIVAL OF MAJOR VELLAYANI DEVI TEMPLE.
RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE FIR IN CRIME NO.1600/2020 OF NEMOM POLICE STATION. Exhibit R1(b) TRUE COPY OF THE AUDIT NOTE BY THE ASST.
AUDIT OFFICER.
Exhibit-R1(c) TRUE COPY OF THE ORDER DATED 21/10/2021 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. Exhibit-R1(d) TRUE COPY OF THE LETTER DATED 26.10.2021 ISSUED BY THE ASSISTANT AUDIT OFFICER TO THE FINANCE COMMISSIONER.
Annexure R1(e) TRUE COPY OF THE COVERING LETTER DATED 04/12/2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT ALONG WITH THE OPINION SUBMITTED BY THANTHRI OF VELLAYANI DEVI TEMPLE DATED 02/12/2021. EXHIBIT R5(a) A TRUE COPY OF THE MINUTES OF THE MEETING DATED 27.08.2020 W.P(C)Nos.6436 of 2021, etc. -26- APPENDIX OF WP(C) 8054/2021 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PHOTOGRAPH OF THE THANKATHIRUMUDI EXHIBIT P2 COPY OF THE COUNTER AFFIDAVIT OF RESPONDENTS DATED 16.02.2021 IN WPC NO.1629/2021 EXHIBIT P3 COPY OF THE ORDER NO.ROC 1466/2018/NS-1 OF THE 3RD RESPONDENT DATED 09.03.2021 W.P(C)Nos.6436 of 2021, etc. -27- APPENDIX OF WP(C) 17829/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE RECEIPTS AND ITS Q R EXPANSION DTD. 4.03.2020.
Exhibit P2 COPY OF THE RECEIPTS AND ITS Q R EXPANSION. DTD. 01.04.2020.
Exhibit P3 COPY OF THE RECEIPTS AND ITS Q R EXPANSION DTD. 09.02.2020.
Exhibit P4 COPY OF THE COMPLAINT DTD. 12.07.2020. Exhibit P5 COPY OF THE COMPLAINT DTD. 02.09.2020. Exhibit P6 COPY OF THE COMPLAINT 02.09.2020. Exhibit P7 COPY OF THE COMPLAINT 08.07.2020. Exhibit P8 COPY OF THE COMPLAINT DTD. 11.09.2020. Exhibit P9 COPY OF THE COMPLAINT DTD. 12.11.2020. Exhibit P10 COPY OF THE COMPLAINT DTD. 23.02.2021. Exhibit P11 COPY OF THE ORDER OF THE OMBUDSMAN DTD.
02.11.2020.
Exhibit P12 COPY OF THE AUDIT REPORT DTD 26.08.2020. Exhibit P13 COPY OF THE STATEMENT OF ACCOUNT DTD.
28.08.2020.
EXHIBIT P14 COPY OF THE ORDER OF THE DEPUTY DEVASWOM COMMISSIONER DTD.13.12.2021 RESPONDENT EXHIBITS EXHIBIT-R1(a) TRUE COPY OF THE ORDER DATED 01.09.2021 ISSUED BY DEPUTY DEVASWOM COMMISSIONER EXHIBIT-R1(b) TRUE COPY OF THE AUDIT NOTE. Exhibit R1 (C) TRUE COPY OF THE ORDER DATED 21/10/2021 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. W.P(C)Nos.6436 of 2021, etc. -28- Exhibit R1(d) TRUE COPY OF THE LETTER DATED 26/10/2021 ISSUED BY THE ASSISTANT AUDIT OFFICER TO THE FINANCE COMMISSIONER.
ANNEXURE-R1(e) TRUE COPY OF THE COVERING LETTER DATED 04.12.2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT ALONG WITH THE OPINION SUBMITTED BY THANTHRI OF VELLAYANI DEVI TEMPLE DATED 02.12.2021 W.P(C)Nos.6436 of 2021, etc. -29- APPENDIX OF WP(C) 21058/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE COMMUNICATION DATED 13.3.2001 ISSUED BY THE TEMPLE THANTHRI TO THE 4TH RESPONDENT.
Exhibit P2 TRUE PHOTO COPY OF THE BROCHURE FOR KAALIYOOTTU FESTIVAL FOR THE YEAR 2020.
Exhibit P3 TRUE PHOTO COPY OF THE COMMUNICATION DATED 19.2.2020 ISSUED BY THE THANTHRI.
Exhibit P4 TRUE PHOTO COPY OF THE INSPECTION REPORT DATED 19.2.2020 PREPARED BY THE THANTHRI AND THE PETITIONER.
Exhibit P5 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 11.11.2020 SUBMITTED BY
PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P6 TRUE PHOTO COPY OF THE ORDER DATED 19.1.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO CONDUCT DEVAPRASHNAM.
Exhibit P7 TRUE PHOTO COPY OF THE NOTICE DATED 1.2.2021 ISSUED FROM THE OFFICE OF THE IST RESPONDENT.
Exhibit P8 TRUE PHOTO COPY OF THE PUBLIC NOTICE DATED 16.2.2020 AS TO THE CONDUCT OF DEVAPRASHNAM ON 19.2.2021.
Exhibit P9 TRUE PHOTO COPY OF THE COMMUNICATION DATED 20.2.2021 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
Exhibit P10 TRUE PHOTO COPY OF THE COMMUNICATION
DATED 25.3.2021 ISSUED BY 3RD
RESPONDENT TO IST RESPONDENT.
W.P(C)Nos.6436 of 2021, etc.
-30-
Exhibit P11 TRUE PHOTO COPY OF THE COMMUNICATION
DATED 11.6.2021 ISSUED BY 2ND
RESPONDENT TO 4TH RESPONDENT.
Exhibit P12 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 1.7.2021 SUBMITTED BY
PETITIONER THROUGH THE 5TH
RESPONDENT.
Exhibit P13 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 20.07.2021 SUBMITTED BY
PETITIONER THROUGH THE 5TH
RESPONDENT.
Exhibit P14 TRUE PHOTO COPY OF THE ORDER DATED
1.9.2021 ISSUED BY 2ND RESPONDENT.
Exhibit P15 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 14.9.2021 SUBMITTED BY
PETITIONER BEFORE THE 5TH RESPONDENT.
Exhibit P16 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 2.9.2021 SUBMITTED BY
PETITIONER BEFORE THE 5TH RESPONDENT. Exhibit P17 TRUE PHOTO COPY OF THE NOTICE DATED 1.8.2006 ISSUED BY THANTHRASASTHRA PRACHARANA SABHA.
Exhibit P18 TRUE PHOTO COPY OF THE CERTIFICATE
DATED 25.8.2006 ISSUED BY
THANTHRASASTHRA PRACHARANA SABHA.
W.P(C)Nos.6436 of 2021, etc.
-31-
APPENDIX OF WP(C) 29342/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE BYELAW OF THE TEMPLE
ADVISORY COMMITTEE OF TRAVANCORE
DEVASWOM BOARD DATED 30.11.2021.
Exhibit P2 COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 21.10.2021.
Exhibit P3 COPY OF THE EXTRACT OF THE STATEMENT OF
ACCOUNTS OF THE TEMPLE ADVISORY
COMMITTEE.
Exhibit P4 COPY OF BANK ACCOUNT OF THE 6TH
RESPONDENT.
Exhibit P5 COPY OF THE ORDER DATED 13.12.2021 OF
THE 3RD RESPONDENT NO. ROC 15928/15.
Exhibit P6 COPY OF THE REPRESENTATION OF THE
PETITIONERS TO THE RESPONDENTS 2 & 3,
DATED 15.12.2021.
RESPONDENTS' EXHIBITS:
ANNEXURE R1(a) TRUE COPY OF THE REPORT DATED 07.12.2021
SUBMITTED BY THE 4TH RESPONDENT.