Kerala High Court
M.Sunilkumar vs The Devaswom Commissioner on 20 January, 2020
Bench: C.T.Ravikumar, N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941
DBP.No.59 OF 2019
PETITIONERS:
1 M.SUNILKUMAR
SIVA VILASOM, PLAVODE
KODUNGANNUR P.O., 695013
2 GIREESH KUMAR,
TC NO.5/1993, SREEKRISHNA LANE,
KOWDIAR P.O., THIRUVANANTHAPURAM 695003
3 M.SUNILKUMAR,
WATCHER, KULASEKHARAM DEVASWOM,
SASTHAMANGALAM SUB GROUP,
ULLOOR GROUP,
THIRUVANANTHAPURAM
RESPONDENTS:
1 THE DEVASWOM COMMISSIONER
TDB, THIRUVANANTHAPURAM
2 THE ASSISTANT DEVASWOM COMMISSIONER,
TDB, ULLOOR, THIRUVANANTHAPURAM
3 THE TEMPLE ADVISORY COMMITTEE,
PEROOR SREEKRISHNA SWAMY TEMPLE,
ULLOOR GROUP, THIRUVANANTHAPURAM
4 THE FINANCE & ACCOUNTS OFFICER,
TDB, THIRUVANANTHAPURAM.
5 M.K.DEVARAJ
S/O.KUNJAN, AGED 70 YEARS,
CONVENOR, AD HOC COMMITTEE,
PEROOR SREEKRISHNA SWAMY TEMPLE,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003
DBP.No.59 OF 2019
2
RESIDING AT "SITHARA", AMBALAMUKKU, PEROOR P.O.,
THIRUVANANTHAPURAM-695601
6 C.S.SUJATHAN, S/O.CHELLAN,
AGED 58 YEARS, CHAIRMAN, AD HOC COMMITTEE,
PEROOR SREEKRISHNA SWAMY TEMPLE, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003
RESIDING AT "AKHIL JYOTHI", TC 5/1700,
AMBALLAMUKKU, PEROOR P.O.,
THIRUVANANTHAPURAM-695003
(ARE IMPLEADED AS ADDITIONAL RESPONDENTS 5 AND 6 AS
PER ORDER IN IA NO.1/2019 DATED 20.01.2020)
R1 BY SRI.P.V.KUNHIKRISHNAN, SC, TDB
SRI.P.RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN
R2 BY ADV. N.ANAND
THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON
20.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DBP.No.59 OF 2019
3
ORDER
Dated this the 20th day of January 2020 Ravikumar,J The captioned DBP was registered based on TDB Report No.30/2019 in Complaint Nos.9/18, 22/18 and 48/18. Evidently, the complaints were pertaining to the failure on the part of the Temple Advisory Committee of Peroor Sreekrishna Swamy Temple to submit accounts for the years 2016-17, 2017-18 and 2018-19 for auditing. The report was submitted after hearing all the parties by the learned Ombudsman. It is stated therein that appropriate directions to the TAC to make available all the accounts to the Finance and Accounts Officer, to the Finance and Accounts Officer to complete audit, to the Devaswom Commissioner to form a new Committee besides a direction to handing over of the keys of the 'Sadyalayam' and also certain other rooms kept by TAC to Devaswom officials, are required.
DBP.No.59 OF 2019 4
2. Heard the learned Amicus Curiae to the Ombudsman for Cochin and Travancore Devaswoms, the learned standing counsel for the TDB, the learned counsel appearing for the third respondent, TAC and also the learned counsel appearing for additional respondents 5 and 6.
3. Learned standing counsel appearing for the TDB submitted that the additional respondents 5 and 6 have already handed over the accounts pertaining to the years 2016-17, 2017-18 and 2018-19 to the Finance and Accounts Officer of TDB. It is recorded. Consequently, three months time is granted to the Finance and Accounts Officer to complete the audit of the accounts for the years 2016-17, 2017-18 and 2018-19 and to submit a report to the Commissioner of TDB. On receipt of such report from the Finance and Accounts Officer, the Commissioner shall take appropriate steps, if required, based on the report received, expeditiously. The term of the TAC of Peroor Sreekrishna Swamy Temple had already expired. In such circumstances, the Devaswom Commissioner is also directed to constitute a new TAC for the said temple in accordance with law, expeditiously, at any rate, within a period of two months from DBP.No.59 OF 2019 5 today. As regards handing over of the keys , it is submitted by the learned counsel for respondents 5 and 6 that keys of the 'Sadyalayam' and also the other rooms kept by TAC have already been handed over to the Administrative Officer. Learned standing counsel for the TDB endorsed the said submission. This is recorded.
In such circumstances, recording the said submissions with the specific direction as above, this DBP is disposed of.
Sd/-
C.T.RAVIKUMAR JUDGE Sd/-
N.NAGARESH
dlk/21.01.2020 JUDGE
DBP.No.59 OF 2019
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APPENDIX
RESPONDENTS EXHIBITS:
EXHIBIT R(6)(A): TRUE COPY OF THE ORDER DATED 05.02.2019 ISSUED BY THE TRAVANCORE DEVASWOM BOARD EXHIBIT R(6)(B): TRUE COPY OF THE ORDER DATED 14.08.2019 ISSUED BY THE TRAVANCORE DEVASWOM BOARD EXHIBIT R(6)(C): TRUE COPY OF THE FINANCIAL STATEMENT FOR THE YEAR 2016 EXHIBIT R(6)(D): TRUE COPY OF THE FINANCIAL STATEMENT FOR THE YEAR 2017 EXHIBIT R(6)(E): TRUE COPY OF THE FINANCIAL STATEMENT FOR THE YEAR 2018 EXHIBIT R(6)(F): TRUE COPY OF THE NOTICE DATED 19.11.2018 ISSUED BY RESPONDENT NO.1 IN THE DBP TO PROPOSED ADDITIONAL RESPONDENT NO.5 EXHIBIT R(6)(G): TRUE COPY OF THE COMMUNICATION DATED 07.12.2018 ISSUED BY THE PROPOSED ADDITIONAL RESPONDENTS 5 AND 6 TO THE ADMINISTRATIVE OFFICER EXHIBIT R(6)(H): TRUE COPY OF THE COMMUNICATION DATED 03.09.2018 ISSUED BY THE ADMINISTRATIVE OFFICER EXHIBIT R(6)(I): TRUE COPY OF THE REPLY AND COVERING LETTER DATED 11.09.2018 ISSUED BY DBP.No.59 OF 2019 7 PROPOSED ADDITIONAL RESPONDENTS 5 AND 6 TO THE ADMINISTRATIVE OFFICER.
EXHIBIT R(6)(J): TRUE COPY OF THE COMMUNICATION DATED 04.12.2018 ISSUED BY THE ASSISTANT DEVASWOM COMMISSIONER DATED 04.12.2018 EXHIBIT R(6)(K): TRUE COPY OF THE COVERING LETTER DATED 18.02.2018 (SIC.18.12.2018) ADDRESSED BY THE PROPOSED ADDITIONAL RESPONDENTS 5 AND 6 TO THE ASSISTANT DEVASWOM ACCOUNTS OFFICER.