Thrissur Pooram Exhibition Committee vs Cochin Devaswom Board on 22 December, 2023

[Cites 3, Cited by 0]

Kerala High Court

Thrissur Pooram Exhibition Committee vs Cochin Devaswom Board on 22 December, 2023

DBP No.40 of 2022 was registeredc suo motu as per the order dated 29.07.2022 in DBP No.31 of 2022 regarding the conduct of Thrissur Pooram Exhibition in Pooram Exhibition Gound at Thekkinkad Maidan of Vadakkumnathan Devaswom under the management of the 2nd respondent Cochin Devaswom Board, by the 3rd respondent Paramekkavu Devaswom and the 4th respondent Thiruvambadi Devaswom, which are controlled institutions under the 2nd respondent Board.

2. By the order dated 10.08.2022, the Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit was suo motu impleaded as the additional 5th respondent. By the order dated 27.09.2022 in I.A.No.1 of 2022 in DBP No.40 of 2022, Thrissur Pooram Exhibition Committee was impleaded as the additional 6th respondent.

3. In the order dated 29.07.2022 in DBP No.31 of 2022, this Court held that the 2nd respondent Cochin Devaswom Board, who is the trustee of the Devaswom land of Vadakkumnathan Devaswom has to ensure that proper income is generated from Thrissur Pooram Exhibition Ground. In such transactions, the 2nd respondent Board and its officials WP(C) No.38308/2023 3 / 13 2 DBP No.40 of 2022 and conne. cases have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs.

4. In DBP No.40 of 2022 this Court passed a detailed order dated 14.02.2023, after taking note of the law laid down by the Apex Court in M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65] and the law laid down by this Court in Abu K.S. v. Travancore Devaswom Board and others [2022 SCC OnLine Ker 1642] and T. Krishnakumar v. Cochin Devaswom Board and others [2022 (4) KLT 798 : 2022 (5) KHC SN 8], that while taking a decision for handing over Thrissur Pooram Exhibition Ground to the 6th respondent Exhibition Committee for conducting Thrissur Pooram Exhibition of the year 2023 on behalf of the 3rd respondent Paramekkavu Devaswom and the 4th respondent Thiruvambadi Devaswom, the 2nd respondent Cochin Devaswom Board has to ensure that such entrustment is subject to a specific condition regarding payment of ground rent of that land already fixed or to be fixed by the Board, taking note of the law laid down in the decisions referred to supra and also the audit remarks in the affidavit dated 26.09.2022 of the 5 th respondent Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit. Paragraphs 9 and 10 of the order dated 14.02.2023 in DBP No.40 of 2022 read thus;

"9. In T. Krishnakumar v. Cochin Devaswom Board and others [2022 (5) KHC SN 8], a Division Bench of this Court, in which both of us were parties, held that in view of the law laid down by WP(C) No.38308/2023 4 / 13 3 DBP No.40 of 2022 and conne. cases this Court in Abu K.S. v. Travancore Devaswom Board and others [2022 SCC OnLine Ker 1642], relying on the decision of the Apex Court in M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65], while leasing out the buildings owned by the Devaswoms, the Cochin Devaswom Board and its officials have to ensure that proper income is generated from the said buildings. In such transactions, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. The action of the Board as a trustee cannot be equated to that of mere landlord. The best interest of the Devaswoms under the control of the Board would be subserved only if income is generated.

10. In T. Krishnakumar [2022 (5) KHC SN 8], the Division Bench noticed that the major source of revenue of the 1st respondent Board is the income received by way of offering by the devotees, the amount received from Vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the temples and also the rental income generated from the buildings owned by the respective Devaswoms. Therefore, while dealing with the buildings owned by the Devaswoms, the 1st respondent Board and its officials have to ensure that proper income is generated from the said building. In such transactions, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs, by ensuring that the lease rental or licence fee of the buildings owned by the Devaswoms is not lower than the prevailing market rent. The action of the Board in demanding lease rental or licence fee for the buildings owned by the Devaswoms taking into consideration the prevailing market rent cannot be termed as an action of the Board demanding exhorbitant or rack-rent, since, while leasing out the buildings owned by the Devaswoms, the Board and its officials have to ensure that proper income is generated from the said buildings. Any default committed WP(C) No.38308/2023 5 / 13 4 DBP No.40 of 2022 and conne. cases by the tenant or licensee of the buildings owned by the Devaswoms in payment of the monthly rent or licence fee, electricity charges, water charges, statutory dues, etc. has to be dealt with appropriately, so also the use of the building for another purpose or making material alteration or addition to the building. In view of the provisions under Section 73A of the Act, the 1 st respondent Board is duty bound to monitor whether its administrative staff and employees in the Maramath wing are functioning properly, by taking prompt action against any such default or violation of the terms and conditions of the lease deed or the licence deed."

5. On 01.03.2023, when DBP No.40 of 2022 was taken up for consideration along with an additional affidavit filed by the 2nd respondent Board, Annexure R2(s) order dated 23.02.2023 of the Devaswom Commissioner, fixing ground rent for Thrissur Pooram Exhibition ground, for conducting Pooram Exhibition for the year 2023, was placed on record. Paragraphs 4 and 5 of the order dated 01.03.2023 read thus;

"4. We do not propose to express anything on the legality or otherwise of the fixation of ground rent in Annexure R2(s) order dated 23.02.2023, in this proceedings. The fixation of ground rent in the said order is subject to statutory audit by the Kerala State Audit Department and the 5th respondent Deputy Director has to consider that aspect, taking note of the relevant statutory provisions and also the law laid down in the decisions referred to supra. As made clear in the order dated 14.02.2023, any decision taken by the Board, on the request made by the 6th respondent Exhibition Committee in Annexure R2(i) letter dated 11.11.2022, regarding entrustment of Thrissur Pooram Exhibition Ground to the 6th respondent Exhibition Committee, for conducting Thrissur Pooram Exhibition of the year 2023, on behalf of the 3rd respondent WP(C) No.38308/2023 6 / 13 5 DBP No.40 of 2022 and conne. cases Paramekkavu Devaswom and the 4th respondent Thiruvambadi Devaswom, shall be subject to the decision that has to be taken in this DBP on the question of sharing of income generated by conducting Thrissur Pooram Exhibition.

5. The audited accounts of the additional 6 th respondent Thrissur Pooram Exhibition Committee shall be subjected to audit by the 5 th respondent Deputy Director, Kerala State Audit Department, which shall be submitted through the 2 nd respondent Cochin Devaswom Board, on or before 31.07.2023. Annexure R2(q) audited accounts of the additional 6th respondent Thrissur Pooram Exhibition Committee for the year 2022 shall be produced before the 5 th respondent through proper channel, within three weeks from the date of this order. Clarifications, if any, sought by the additional 5th respondent shall be furnished by the additional 6 th respondent Exhibition Committee, within a period of three weeks from the date of receipt of communication from the State Audit."

6. The 4th respondent Thiruvambadi Devaswom filed I.A.No.7 of 2023 seeking an order directing the Cochin Devaswom Board not to implement the rate of ground rent for the Thrissur Pooram Exhibition Ground fixed in Annexure R2(s) order dated 23.02.2023 of the Commissioner, Cochin Devaswom Board, for the year 2023. The 3 rd respondent Paramekkavu Devaswom filed I.A.No.8 of 2023 seeking the very same relief. Those interlocutory applications were dismissed by the order dated 12.04.2023. Paragraphs 2 to 4 of that order read thus;

"2. The fixation of the ground rent by Annexure R2(s) order dated 23.02.2023 of the Devaswom Commissioner is in terms of the directions contained in the order of this Court dated 14.02.2023 in DBP No.40 of 2022. The said order is one issued taking note of the law laid down by this Court in T. Krishnakumar v. Cochin WP(C) No.38308/2023 7 / 13 6 DBP No.40 of 2022 and conne. cases Devaswom Board and others [2022 (4) KLT 798], Abu K.S. v. Travancore Devaswom Board and others [2022 SCC OnLine Ker 1642], relying on the law laid down by the Apex Court in M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65].

3. In paragraph 4 of the order dated 01.03.2023 in DBP No.40 of 2022, this Court has made it clear that the fixation of ground rent in Annexure R2(s) order dated 23.02.2023 is subject to statutory audit by the Kerala State Audit Department and the Deputy Director has to consider that aspect, taking note of the relevant statutory provisions and also the law laid down in the decisions referred to supra. As made clear in the order of this Court dated 14.02.2023 in DBP No.40 of 2022, any decision taken by the Board, on the request made by the Exhibition Committee in Annexure R2(i) letter dated 11.11.2022, regarding entrustment of Thrissur Pooram Exhibition Ground to the Exhibition Committee, for conducting Thrissur Pooram Exhibition of the year 2023, on behalf of Paramekkavu Devaswom and Thiruvambadi Devaswom, shall be subject to the decision that has to be taken in the DBP on the question of sharing of income generated by conducting Thrissur Pooram Exhibition.

4. In the above circumstances, we do not find any reason to grant the relief sought for in I.A.Nos.7 and 8 of 2023."

7. The orders of this Court dated 14.02.2023 and 01.03.2023 in DBP No.40 of 2022 and the order dated 12.04.2023 in I.A No.8 of 2023 in DBP No.40 of 2022 were under challenge before the Apex Court in SLP(C)Nos.10522-24 of 2023. Those Special Leave Petitions were dismissed as withdrawn by the order dated 19.05.2023, with liberty to apply before the High Court for modification/vacation of the orders dated 14.02.2023, 01.03.2023 and 12.04.2023, mentioning detailed WP(C) No.38308/2023 8 / 13 7 DBP No.40 of 2022 and conne. cases facts. On the filing of such applications, it was directed to be considered and decided on the facts as mentioned, uninfluenced by the orders impugned.

8. After the aforesaid order of the Apex Court, the 3rd respondent Paramekkavu Devaswom filed I.A.No.13 of 2023 seeking an order to set aside Annexure R2(s) order dated 23.02.2023 of the Devaswom Commissioner fixing the rate of ground rent for Thrissur Pooram Exhibition Ground and Annexure R2(u) order dated 26.05.2023 of the 2nd respondent Board fixing the ground rent of the Thrissur Pooram Exhibition Ground at Rs.1,82,05,560/-, at a reduced rate. The 4th respondent Thiruvambadi Devaswom filed I.A.No.16 of 2023 to set aside the aforesaid orders dated 23.02.2023 and 26.05.2023 and I.A.No.15 of 2023 to modify and vacate the orders of this Court dated 14.02.2023, 01.03.2023 and 12.04.2023.

9. Along with the memo dated 01.12.2023 of the learned Senior Government Pleader, the report of the Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit is placed on record. The 6th respondent Exhibition Committee has filed an objection dated 11.12.2023 to the report of the Deputy Director.

10. The 3rd respondent Paramekkavu Devaswom filed W.P.(C)No.38307 of 2023, the 4th respondent Thiruvambadi Devaswom filed W.P.(C)No.38610 of 2023 and the 6th respondent Thrissur Pooram Exhibition Committee have filed W.P.(C)No.38308 of 2023 challenging WP(C) No.38308/2023 9 / 13 8 DBP No.40 of 2022 and conne. cases the Board Order dated 23.02.2023, whereby the ground rent of Thrissur Pooram Exhibition Ground, which is the Devaswom land of Vadakkumnathan Devaswom is fixed at the rate of Rs.2/- per sq.ft., as against the rate of Rs.8/- per sq.ft. applicable for Government Institutions, for the area used for commercial purpose and for amusement park, and at a reduced rate of Rs.1/- per sq.ft. for area used for non-commercial purpose; and the order dated 26.05.2023 of the 2nd respondent Board fixing the ground rent of the Exhibition Ground at Rs.1,82,05,560/- for a period of 60 days, though the said land was allotted to the Exhibition Committee for the period from 15.02.2023 till 30.06.2023. Another relief sought for in W.P.(C)No.38307 of 2023 filed by Paramekkavu Devaswom and W.P.(C)No.38308 of 2023 filed by Thrissur Pooram Exhibition Committee is an order directing the Cochin Devaswom Board to refix the ground rent of Thrissur Pooram Exhibition Ground in terms of the directions contained in the order of this Court dated 14.02.2023 in DBP No.40 of 2022. In W.P.(C)No.38610 of 2023 filed by Thiruvambadi Devaswom one of the reliefs sought for is to refix the ground rent in proportionate to the terms contained in Ext.P6 judgment, which was a Public Interest Litigation in respect of fixation of ground rent for Thrissur Pooram Exhibition of 2018, which was dismissed as withdrawn by that judgment dated 26.08.2021.

11. On 21.11.2023, when the above writ petitions came up for admission, this Court admitted the matter on file. The learned Standing WP(C) No.38308/2023 10 / 13 9 DBP No.40 of 2022 and conne. cases Counsel for Cochin Devaswom Board submitted that a cheque for Rs.42,51,207/- issued by Thrissur Pooram Exhibition Committee towards part payment of the ground rent (Rs.1,82,05,560/-) for conducting Pooram Exhibition-2023 has already been presented for encashment. In the writ petitions the Cochin Devaswom Board has filed counter affidavits producing therewith Ext.R1(a) judgment of this Court dated 21.06.2023 in W.P.(C)No.33293 of 2022 and 19687 of 2022 in respect of certain portion of Thekkinkadu Maidan occupied by Thrissur Municipal Corporation and Kerala Water Authority. The petitioner in the respective writ petitions have filed reply affidavits and the reply affidavits in W.P.(C)No.38307 of 2023 and 38610 of 2023 were placed on record on 21.12.2023. In W.P.(C)No.38308 of 2023, the Cochin Devaswom Board has filed an additional counter affidavit dated 19.12.2023. Along with I.A.No.1 of 2023 in W.P.(C)No.38308 of 2023, Ext.P16 audited statement of receipts and payments for Thrissur Pooram Exhibition-2022 and Ext.P17 internal audit report along with statement of receipts and expenditure for Thrissur Pooram Exhibition- 2023 are placed on record.

12. As per Ext.P16, out of the income received from the conduct of Thrissur Pooram Exhibition-2022, a sum of Rs.1,60,00,000/- each has been paid to Paramekkavu Devaswom and Thiruvambady Devaswom and as per Ext.P17, out of the income received from the conduct of Thrissur Pooram Exhibition-2023, a sum of Rs.2,30,00,000/- WP(C) No.38308/2023 11 / 13 10 DBP No.40 of 2022 and conne. cases each has been paid to Paramekkavu Devaswom and Thiruvambady Devaswom. Therefore, as evident from Ext.P16 a total sum of Rs.3,20,00,000/- has been paid to Paramekkavu Devaswom and Thiruvambady Devaswom out of the income received from the conduct of Thrissur Pooram Exhibition-2022. As evident from Ext.P17 a total sum of Rs.4,60,00,000/- has been paid to Paramekkavu Devaswom and Thiruvambady Devaswom out of the income received from the conduct of Thrissur Pooram Exhibition-2023.

13. On 21.12.2023, the learned Senior Counsel for Thrissur Pooram Exhibition Committee (petitioner in W.P.(C)No.38308 of 2023 and the additional 6th respondent in DBP No.40 of 2022), the learned counsel for Thiruvambady Devaswom (petitioner in W.P.(C)No.38610 of 2023 and 4th respondent in DBP No.40 of 2022), the learned counsel for Paramekkavu Devaswom (petitioner in W.P.(C)No.38307 of 2023 and the 3rd respondent in DBP No.40 of 2022) and the learned Senior Counsel for the additional 5th respondent in W.P.(C)No.38307 of 2023 addressed detailed arguments and the matter was ordered to be listed today for further arguments. During the course of arguments, the learned Standing Counsel for Cochin Devaswom Board pointed out that in addition to the payments received by Paramekkavu Devaswom and Thiruvambady Devaswom, as evidenced by Exts.P16 and P17 from the income received from the conduct of Thrissur Pooram Exhibitions, the said Devaswoms, which are controlled institutions under the Cochin WP(C) No.38308/2023 12 / 13 11 DBP No.40 of 2022 and conne. cases Devaswom Board, used to collect contributions from the devotees and the general public, in connection with Thrissur Pooram.

14. Today when these matters are taken up for consideration, the learned Senior Counsel for Thrissur Pooram Exhibition Committee and the respective counsel for Paramekkavu Devaswom and Thiruvambadi Devaswom seek adjournment after vacation. The learned Senior Government Pleader also seeks an adjournment and a posting immediately after vacation, i.e., on 04.01.2024.

15. In view of the aforesaid request for adjournment, the learned Standing Counsel for the Cochin Devaswom Board would submit that these matters can be listed immediately after vacation.

List on 04.01.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-


                                                                  G. GIRISH, JUDGE


         ded




22-12-2023                              /True Copy/                                  Assistant Registrar
 WP(C) No.38308/2023                    13 / 13

                       APPENDIX OF WP(C) 38308/2023
Exhibit P6            PHOTOSTAT COPY OF THE ORDER NO.R.13191/23 DATED

23-02-2023 PASSED BY THE DEVASWOM COMMISSIONER OF THE 1ST RESPONDENT BOARD.

Exhibit P16 PHOTOSTAT COPY OF THE AUDITED STATEMENT OF RECEIPTS AND PAYMENTS FOR THRISSUR POORAM EXHIBITION 2022 DATED 04.03.2023 Exhibit P17 PHOTOSTAT COPY OF THE INTERNAL AUDIT REPORT ALONG WITH THE STATEMENT OF RECEIPTS AND EXPENDITURE FOR THE THRISSUR POORAM EXHIBITION 2023 DATED 25.10.2023 EXHIBIT R1(a) TRUE COPY OF LETTER DATED 20.2.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT 22-12-2023 /True Copy/ Assistant Registrar

Unlock Advanced Research with PRISMAI

Kerala High Court