Kerala High Court
Abhinand Sankar M vs Travancore Devaswom Board on 15 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:85425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 15TH DAY OF NOVEMBER 2024/24TH KARTHIKA, 1946
WP(C) NO. 39830 OF 2024
PETITIONER:
ABHINAND SANKAR M,
AGED 28 YEARS,
S/O. SANKARANARAYNAN POTTI, MULLASSERY MADOM,
KIZHAKETHERUVU P.O., KOTTARAKKARA,
KOLLAM DISTRICT, PIN - 691 531
BY ADV K.SANDESH RAJA
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695 003
2 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANDANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM,
PIN - 695003
3 THE ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER KOLLAM
ROAD, KOTTARAKKARA, KOLLAM, PIN - 691 532
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.39830 of 2024
2024:KER:85425
-2-
JUDGMENT
(Dated this the 15th day of November, 2024) The petitioner is a member of Mulassery Madam having the Karanma right to perform the duties of Melsanthi of Melootu Nada of Vettikavala Devaswom. Initially, the petitioner's father was the Karanma Santhi of the Temple. Later, pursuant to Ext.P1 judgment, the 1 st respondent issued Ext.P2 order, appointing the petitioner as Karanma Santhi of the Temple. The petitioner states that he is well-versed in the performance of Pooja, and he has passed examinations in relation to performance of Pooja as evidenced by Exts.P4, P5 and P5(a). The petitioner states that while he was discharging the duties of Melsanthi at Melootu Nada of Vettikavala temple as per the customs and practice followed in the Temple, he was issued Ext.P6 notice asking to show cause why action should not be initiated against him for not properly involving in the Poojas and for acting in disrespectful manner. The petitioner submitted Ext.P7 reply to Ext.P6. However, by Ext.P8 communication the Assistant Devaswom Commissioner, W.P.(C).No.39830 of 2024 2024:KER:85425 -3- Kottarakkara, terminated the service of the petitioner from the post of Karanma Melsanthi of Vettikavala Devaswom. Ext.P8 is impugned in the writ petition.
2. According to the petitioner, the Assistant Devaswom Commissioner or the Devaswom Commissioner has no jurisdiction to terminate his service as Karanma Santhi, that too without conducting an enquiry as contemplated under Ext.P10 Rules framed under Section 28 of the Hindu Religions Institutions Act XV of 1950 regarding Karanma Service. Rules 12 to 14 of Ext.P10 Rules read as follows:
"12. Karanma employees will be subject to the disciplinary control of the Devaswom Board and the officers of the Devaswom Department as any other employee. They may be fined in case of misconduct, by the officers under the Board duly empowered in that behalf but for suspending or dismissing them the orders of the Devaswom Board are necessary. They may, however, be placed under suspension pending enquiry by competent authority the circumstances of the case being immediately reported to the Board. Karanma employees should not be transferred to other institutions.
13. If a member of a Karanma faily, who is attending to the service, is found unfit for being retained in service on account of conditions of health, bad conduct, or other causes, such person may be removed from the service by the Devaswom Board and another proper person from the Karanma family appointed instead.W.P.(C).No.39830 of 2024
2024:KER:85425 -4-
14. Whenever it is reported that owing to incompetency, negligence or other cause, any Karanma service is not being regularly, performed, or that an alienation of Karanma service or of the property, Thiruppuvaram or other emolument attached thereto, has been effected by the Karanma holder or by any member or members of the Karanma family, the Board shall give due notice of the charge to the head of the family and the next senior member, and also to such other members of the Karanma family as the said Board may deem necessary, and if after hearing their objections, if any, the Board is satisfied that there has been an alienation of the Karanma service or of the property or of the Thiruppuvaram or of the other emoluments attached thereto or that there has been a failure to perform the service properly or regularly the Board shall suspend, remove, determine, cancel or deal with in any other manner the Karanma right of the family to the service.
(Section 28 (2) of the Act."
3. According to the petitioner, it is for the Devaswom Board to initiate disciplinary action against the Karanma Santhi and to terminate his service. Ext.P8 refers to proceedings dated 16.07.2024 of the Devaswom Commissioner. The petitioner submits that he has not been served with a copy of the said proceedings.
4. Going by Ext.P10 Rules, neither the Devaswom Commissioner nor the Assistant Devaswom Commissioner has jurisdiction to initiate disciplinary action or to terminate the W.P.(C).No.39830 of 2024 2024:KER:85425 -5- service of Karanma Santhi. The jurisdiction vests with the Devaswom Board.
5. Accordingly, Ext.P8 order is set aside. Consequently, there will be a direction to the respondents to reinstate the petitioner in service within a period of two weeks from the date of receipt of a copy of this judgment. All contentions of the petitioner on merits are left open.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE ADS W.P.(C).No.39830 of 2024 2024:KER:85425 -6- APPENDIX OF WP(C) 39830/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.[C] NO.14903/2021 DATED 28/01/2022.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.ROC 2514/16/MIS.1 DATED 05/04/2022 OF THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.3768 DATED 17/05/2022 OF THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY KANTARU MOHANARU THANTHRI DATED 24/12/2018.
EXHIBIT P5 TRUE COPY OF THE POOJYA VISHARAD OPEN EXAMINATION 2021 CERTIFICATE ISSUED BY THE THANTHRI MANDALA VIDYAPEEDAM, THANTHRIC & VEDIC RESEARCH INSTITUTE DATED NIL.
EXHIBIT P5(A) TRUE COPY OF THE MARK STATEMENT OF POOJYA VISHARAD OPEN EXAMINATION 2021 ISSUED BY THE THANTHRI MANDALA VIDYAPEEDAM, THANTHRIC & VEDIC RESEARCH INSTITUTE DATED NIL.
EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.ROC.2891/24/MIS.A. DATED 17/02/2024 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 16/04/2024 SUBMITTED BY THE PETITIONER THROUGH THE DEVASWOM SUB GROUP OFFICER. EXHIBIT P8 TRUE COPY OF THE ORDER NO.2788 DATED 09/08/2024 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 13/8/2024 TO THE 1ST W.P.(C).No.39830 of 2024 2024:KER:85425 -7- RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE RULES FRAMED UNDER SECTION 28 OF THE HINDU RELIGIONS INSTITUTIONS ACT XV OF 1950 REGARDING KARANMA SERVICE.