Suo Motu vs State Of Kerala

Kerala High Court

Suo Motu vs State Of Kerala on 21 May, 2024

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 HARISANKAR V. MENON
             Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                                DBP NO. 44 OF 2024

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD & COCHIN DEVASWOM BOARD -     REGARDING

THE CONSTITUTION OF HIGH POWER COMMITTEE FOR THE IMPLEMENTATION OF SABARIMALA

MASTER PLAN, APPOINTMENT OF SPECIAL COMMISSIONER, SABARIMALA, APPOINTMENT OF

OMBUDSMAN FOR TRAVANCORE DEVASWOM BOARD & COCHIN DEVASWOM BOARD AND ALSO MATTERS

IN RELATION TO THE *(APPOINTMENT OF PRESIDENT AND MEMBERS OF TRAVANCORE DEVASWOM

BOARD & COCHIN DEVASWOM BOARD)(*CORRECTED) AND ALSO APPOINTMENT OF DEVASWOM

COMMISSIONERS - SUO MOTU PROCEEDINGS INITIATED- REG)


*THE WORDS "APPOINTMENT OF PRESIDENT AND MEMBERS OF THE TRAVANCORE DEVASWOM

BOARD AND COCHIN DEVASWOM BOARD" IS CORRECTED AS "APPOINTMENT OF CHIEF

COMMISSIONER, IN THE ABSENCE OF AN ELECTED BOARD IN THE TRAVANCORE DEVASWOM

BOARD AND COCHIN DEVASWOM BOARD" AS PER ORDER DATED 21/05/2024 IN DBP.NO.44/2024


  PETITIONER:


         SUO MOTU


  RESPONDENTS:


   1.    STATE OF KERALA

         REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,

         REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,

         THIRUVANANTHAPURAM - 695001.

   2.    THE TRAVANCORE DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST,

         THIRUVANANTHAPURAM - 695003.

   3.    THE COCHIN DEVASWOM BOARD

         REPRESENTED BY ITS SECRETARY, ROUND NORTH, THRISSUR - 680001.
 4.    THE DEPUTY DIRECTOR

      STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,

      NANTHANCODE, THIRUVANANTHAPURAM - 695003

5.    THE DEPUTY DIRECTOR

      STATE AUDIT DEPARTMENT, COCHIN DEVASWOM BOARD AUDIT,

      THRISSUR - 680001.

6.    THE HIGH POWER COMMITTEE FOR IMPLEMENTATION OF

      SABARIMALA MASTER PLAN, REPRESENTED BY ITS MEMBER SECRETARY,

      TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM,

      KERALA - 695003.



      BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER

      BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD

      BY STANDING COUNSEL FOR COCHIN DEVASWOM BOARD


      THE DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON

21/05/2024, UPON PERUSING THE PETITION, THE COURT ON THE SAME DAY PASSED

THE FOLLOWING.
       ANIL K. NARENDRAN & HARISANKAR V. MENON, JJ.
         -----------------------------------------------------
                        DBP No.44 of 2024
        --------------------------------------------------------
              Dated this the 21st day of May, 2024

                                  ORDER

Anil K. Narendran, J.

In the subject matter of the DBP shown on the docket, the words "appointment of President and Members of the Travancore Devaswom Board and Cochin Devaswom Board" will stand corrected as "appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board".

2. Registry to carry out necessary corrections.

3. This DBP is registered suo motu in terms of the direction contained in the judgment of this Court dated 25.03.2024 in O.P.No.3821 of 1990, which was one registered suo motu vide order dated 11.04.1990 in the matter of Travancore Devaswom Board and Cochin Devaswom Board, on the illegalities, embezzlements and irregularities in the administration noticed during consideration of audit reports. In that original petition, various orders have been issued by this Court in respect of temples under the management of the Travancore Devaswom Board and Cochin Devaswom Board. Orders have been passed regarding the constitution of High Power Committee for 2 DBP No.44 of 2024 implementation of Sabarimala Master Plan, appointment of a District Judge as Special Commissioner, Sabarimala, appointment of an Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board. Orders have also been passed in the matter of appointment of the Chief Commissioner, in the absence of an elected Board in Travancore Devaswom Board and Cochin Devaswom Board.

4. Therefore, this DBP is registered for issuing further orders in the matter of Travancore Devaswom Board and Cochin Devaswom Board regarding the constitution of High Power Committee for Implementation of Sabarimala Master Plan, appointment of Special Commissioner, Sabarimala, appointment of Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to appointment of Chief Commissioner, in the absence of an elected Board in Travancore Devaswom Board and Cochin Devaswom Board and also appointment of Devaswom Commissioners.

5. The post of Devaswom Commissioner in Travancore Devaswom Board is lying vacant.

6. The learned Standing Counsel for Travancore Devaswom Board would submit that the Board has already made a requisition before the 1st respondent State for deputing a person 3 DBP No.44 of 2024 as Devaswom Commissioner.

7. The learned Senior Government Pleader would submit that the aforesaid matter is now pending before the 1st respondent State. An affidavit of the Principal Secretary to Government, explaining the facts and circumstances, shall be placed on record within one week.

List on 31.05.2024.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

HARISANKAR V. MENON, JUDGE AV/21/5 21-05-2024 /True Copy/ Assistant Registrar