Kerala High Court
D.Jayakumar vs Travancore Devaswom Board, ... on 1 August, 2023
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 AUGUST 2023 / 10TH SRAVANA, 1945
W.P.(C) NO. 11074 OF 2023
PETITIONERS:
1 D.JAYAKUMAR
AGED 50 YEARS
S/O A. DASAN NADAR, PANDALVEEDU,
BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM,
PIN - 695501.
2 S. PRADEEP KUMAR,
AGED 52 YEARS,
S/O N. SADASIVAN NAIR, PANKAJA VILASAM,
BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM,
PIN - 695501.
3 N.S.VIMAL KUMAR
AGED 45 YEARS, S/O V. NARAYANAN NAIR,
THRIKKARTHIKA, BHAGAVATHINADA.P.O,
THIRUVANANTHAPURAM, PIN - 695501.
4 S.ARUN KUMAR,
AGED 42 YEARS, S/O B. SASIDHARAN NAIR,
INDIRA SADANAM, BHAGAVATHINADA.P.O,
THIRUVANANTHAPURAM, PIN - 695501.
5 R.ANAND,
AGED 55 YEARS, S/O S.RAMACHANDRANASARY,
GANAPATHI VILASAM, BHAGAVATHINADA.P.O,
THIRUVANANTHAPURAM, PIN - 695501.
6 D.JAGADEESAN THAMPI,
AGED 68 YEARS, S/O DAMODARAN PILLAI, PUNARTHAM,
BHAGAVATHINADA.P.O, THIRUVANANTHAPURAM,
PIN - 695501.
2
W.P.(C) No.11074 of 2023
7 GOPAN D.
AGED 48 YEARS, S/O A. DASAN NADAR, KARTHIKA
KANAVILA VEEDU, BHAGAVATHINADA.P.O,
THIRUVANANTHAPURAM, PIN - 695501.
BY ADV D.AJITHKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003.
2 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003.
3 DEPUTY DEVASWOM COMMISSIONER
OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP,
NEYYATTINKARA.P.O, THIRUVANANTHAPURAM,
PIN - 695121.
4 ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP,
NEYYATTINKARA.P.O, THIRUVANANTHAPURAM,
PIN - 695121.
5 THE SUB GROUP OFFICER,
VENGANOOR BHAGAVATHINADA TEMPLE,
BHAGAVATHYNADA.P.O, BALARAMAPURAM,
THIRUVANANTHAPURAM, PIN - 695501.
6* P.S.MOHANACHANDRAN,
AGED ABOUT 50, KAVERIBHAGAM,
BHAGAVATHI NADA.P.O, BALARAMAPURAM,
THIRUVANANTHAPURAM - 695 501.
3
W.P.(C) No.11074 of 2023
7* S.PRAVEEN KUMAR,
AGED ABOUT 55, PRANAVAM, BHAGAVATHI NADA.P.O.,
BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.
*ARE IMPLEADED AS PER ORDER DATED 10/04/2023 IN
IA 3/23.
BY ADVS.
R1 TO R5 BY SRI G. SANTHOSH KUMAR - STANDING
COUNSEL-TRAVANCORE DEVASWOM BOARD
R6 & R7 BY SRI D.AJITHKUMAR
R6 & R7 BY SRI J S AJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 01.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
4
W.P.(C) No.11074 of 2023
JUDGMENT
P.G. Ajithkumar, J.
The petitioners are the Vice President, Secretary, Joint
Secretary and Members of the Temple Advisory Committee of
Venganoor Bhagavathinada Devi Temple. They were elected
on 24.10.2019. The term of the said Temple Advisory
Committee was till October, 2021. But the term was extended
initially for six months as per the order dated 13.10.2021. The
term was extended subsequently also. However, as per Ext.P2
order dated 04.01.2023, their term was restricted till
22.01.2023. Election to the new Temple Advisory Committee
was notified. Ext.P5 is the notification dated 29.03.2023.
Pursuant to complaints that the erstwhile Temple Advisory
Committee did not submit accounts, members of that
committee were not permitted as per Ext.P6 order to partake
the election. Ext.P9 is the notification issued by the 4 th
respondent notifying the election to be held on 11.04.2023. In
the said circumstances, the petitioners filed this Writ Petition
claiming the following reliefs:-
W.P.(C) No.11074 of 2023
"(i) To issue a writ of certiorari or other appropriate writ
order or direction to call for entire records leading to
Ext.P5 notification of the 5 th respondent and quash the
same;
(i)a To issue a writ of certiorari or other appropriate writ
order or direction to call for entire records leading to
Exts.P6 and P9 and quash the same;
(ii) To issue a writ of mandamus or other appropriate writ
order or direction directing the respondents to permit
the petitioners to contest election to the Temple
Advisory Committee of the Venganoor Bhagavathinada
Devi Temple."
2. As per the order dated 10.04.2023 in I.A.No.4 of
2023, the Writ Petition was allowed to be amended. On the
same day, as per the order in I.A.No.3 of 2023 additional
respondents 6 and 7 were impleaded. The learned Standing
Counsel for Travancore Devaswom Board took notice for
respondent Nos.1 to 5. Additional respondents 6 and 7
entered appearance through their counsel.
3. Respondents 1 to 5 filed a counter affidavit stating
that election to the new Temple Advisory Committee had
taken place on 11.04.2023 and the new committee took
charge. Allegations levelled against the petitioners of various
W.P.(C) No.11074 of 2023
misdeeds and also non-submission of statement of accounts
in compliance to the directions contained in Ext.P4 bye-law
and Ext.R1(a) circular are highlighted in the counter affidavit.
Paragraph Nos.3 to 7 in the counter affidavit are as follows:-
"3. It is submitted that the tenure of the erstwhile
Temple Advisory Committee got expired on 22/01/2023.
The TAC was directed to produce the income and
expenditure account expenses within one month for
conducting audit. On 16/01/2023 notice was issued for
the same. It is pertinent to notice that proper accounts
are not yet produced. Now during the pendency of this
Writ Petition only, Ext.P-8 accounts are produced. The
same cannot be considered as accounts in any manner
as it not in the audited format. Moreover it is highly
necessary that Bank pass book details and bank
statement of the joint account is also necessary along
with the accounts especially when there is allegation
against the erstwhile temple advisory committee that
the accounts were not operated through the bank
account.
4. It may be noted that as regarding producing of
the accounts by the TAC is concerned, there is a
Circular numbered as FAO No.330/12/NS dated
01/08/2013 issued by the Finance and Accounts Officer
of the Travancore Devaswom Board. As per the said
Circular, the Temple Advisory Committee is duty bound
W.P.(C) No.11074 of 2023
to produce certain documents which is necessary along
with the production of income and expenditure
statements. As per the same, auction diary, stock
register of products, income register, expenditure
register, receipt books, minutes book of the committee,
copies of programme notices/pamphlets, cheque
register, cheque book, pass book etc., are to be
maintained by the committee. A true copy of the
Circular numbered as FAO No.330/12/NS dated
01/08/2013 issued Accounts Officer of the Travancore
Devaswom Board is produced herewith and marked as
Exhibit R-1(a).
5. It is submitted that apart from that with regard to
the conducting of Thrikarthika Maholsavam held during
1148 ME, Sealed coupons were issued to the TAC.
However it was found that the TAC had not started any
joint bank account as stipulated in Clause 9.4 of the
bye-law. Even inspite receiving a letter dated
22/12/2022 from the Sub Group officer, the TAC was
not ready to start the joint account. As a result, the
Assistant Devaswom Commissioner had filed a report
dated 21/02/2023 to the Devaswom Commissioner. The
erstwhile TAC was fully aware regarding the fact that
they had not submitted the accounts and that there are
serious allegations against them also.
6. It is further submitted that the complaint raised
against the erstwhile TAC is that they had collected
W.P.(C) No.11074 of 2023
funds without sealed coupons is serious in nature and
the same violates Clause 18 of the bye-law and
therefore the Devaswom Commissioner vide Ext.P-6 has
directed the Assistant Devaswom Commissioner to
enquire into the allegations. Therefore the exclusion of
the erstwhile TAC from the meeting held on 11/04/2023
is absolutely justifiable.
7. It is further submitted that the temple advisory
committee was elected in the meeting held on
11/04/2023 and the same was completed after
complying all the procedures as contemplated in the
bye-law."
4. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel for the Travancore
Devaswom Board and the learned counsel appearing for
respondents 6 and 7.
5. Ext.P6 is the direction issued by the 3rd respondent-
Devaswom Commissioner to the 4th respondent-Assistant
Devaswom Commissioner to take steps for constitution of a
new Temple Advisory Committee. In fact, this Court directed
as per Ext.P3 judgment in W.P.(C) No.5767 of 2023 to
complete the process of election to the Temple Advisory
Committee of Venganoor Bhagavathinada Devi Temple within
W.P.(C) No.11074 of 2023
a period of two months. It was in compliance with the said
direction, the process was initiated. Ext.P9 is the notification
dated 11.04.2023 for the election of the Temple Advisory
Committee for the year 2023-25. In the counter affidavit filed
by respondent Nos.1 to 5 it is stated that the election of the
Temple Advisory Committee pursuant to Ext.P9 notification
was held on 11.04.2023. The new Temple Advisory Committee
has thus been constituted.
6. The grievance of the petitioners is that they were
excluded from contesting the election held on 11.04.2023 to
the Temple Advisory Committee illegally. Going by the
provisions of clause (18) in Ext.P4 bye-law the restriction is
against becoming a member of the Temple Advisory
Committee for consecutive terms. These petitioners did not
hold the office of the Temple Advisory Committee for a
consecutive period, but their term was extended only, and
therefore, restraining them from contesting the election to the
Temple Advisory Committee for the year 2023-25 is violative
of Ext.P4 bye-law. From the counter affidavit filed by
W.P.(C) No.11074 of 2023
respondents 1 to 5 it is seen that the essential reason for
excluding the petitioners from contesting the election is not
only the bar contained in clause (18) of Ext.P4, but also due
to the reason of their non-submission of the audited accounts
of the committee during their period, especially the statement
of accounts pertaining to Karthika Maholsavam-2022.
7. During the course of arguments, the learned
counsel appearing for the petitioners would submit that the
petitioners have already submitted audited accounts before
the 5th respondent-Sub Group Officer and the allegations
levelled against the petitioners are totally false. The
allegations against the petitioners include collection of funds
unauthorisedly. It is alleged that they collected money without
issuing sealed coupons obtained from the Board, which is
absolutely essential to make any collection. Considering the
allegations levelled against the petitioners and other members
of the erstwhile Temple Advisory Committee, it is necessary to
have a detailed enquiry into the said allegations. Since the
election of the Temple Advisory Committee for the period
W.P.(C) No.11074 of 2023
2023-25 is already over, the reliefs claimed in the Writ Petition
have come infructuous. None of the reliefs claimed in the Writ
Petition is therefore liable to be allowed. At the same time,
the allegations levelled against the petitioners require detailed
enquiry. The enquiry has to be conducted by the Chief
Vigilance Officer, Travancore Devaswom Board. In answer to
Ext.P6, the Temple Advisory Committee has submitted a
representation before the 2nd respondent-Devaswom
Commissioner, which is Ext.P7. Since the election of the new
Temple Advisory Committee is already over, what is required
is only a direction to consider Ext.P7 and take appropriate
decision on it. The 2nd respondent shall give an opportunity to
the petitioners to present their submissions in support of
Ext.P7 and also consider the report of the Chief Vigilance
Officer before taking a decision on it.
8. The Writ Petition is accordingly disposed of with the
following directions:-
i) The Chief Vigilance Officer, Travancore Devaswom Board
is directed to conduct a detailed enquiry into the
allegations levelled against the previous Temple
W.P.(C) No.11074 of 2023
Advisory Committee, to which the petitioners were office
bearers and members;
ii) The 2nd respondent is directed to consider and pass
orders on Ext.P7 after giving an opportunity of being
heard to the petitioners and on taking into account the
report of the Chief Vigilance Officer of the enquiry
mentioned above; and
iii) The Travancore Devaswom Board shall take necessary
steps to recover, in such enquiry by the Chief Vigilance
Officer, any loss is found to have occasioned to the
Temple or the Devaswom Board, from the persons who
are responsible for such loss.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
W.P.(C) No.11074 of 2023
APPENDIX OF WP(C) 11074/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT BOARD VIDE R.O.C.
NO.9468/22/NS DATED 07.10.2022
Exhibit P2 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT VIDE R.O.C. NO.9468/22/NS
DATED 04.01.2023
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN W.P.
(C) NO. 5767 OF 2023 DATED 22.2.2023
Exhibit P4 TRUE COPY OF THE TEMPLE ADVISORY
COMMITTEE RULES DATED 30.11.2011
ISSUED BY THE 1ST RESPONDENT BOARD
Exhibit P5 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE 5TH RESPONDENT TO CONVENE
GENERAL BODY FOR THE ELECTION TO THE
TEMPLE ADVISORY COMMITTEE OF THE
VENGANOOR BHAGAVATHINADA DEVI TEMPLE
ON 29.03.2023 AT 9.00 AM
Exhibit P6 TRUE COPY OF ORDER OF THE 2ND
RESPONDENT VIDE ROC.NO. 20112/19/NS-I
DATED 28.02.2023
Exhibit P7 TRUE COPY OF REPLY DATED NIL SUBMITTED
BY PETITIONERS BEFORE THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF THE ACCOUNT STATEMENTS
FOR 'THRIKARTHIKA MAHOLSAVAM 2022' OF
THE VENGANOOR BHAGAVATHINADA MAJOR
SREE BHAGAVATHI KSHETHROPADESHAKA
SAMITHI
W.P.(C) No.11074 of 2023
Exhibit P9 TRUE COPY OF THE NOTICE DATED
01.04.2023 ISSUED BY ASSISTANT
DEVASWOM COMMISSIONER, NEYYATTINKARA
RESPONDENT EXHIBITS
EXHIBIT R-1(A) A TRUE COPY OF THE CIRCULAR NUMBERED
AS FAO NO. 330/12/NS DATED 01/08/2013
ISSUED BY THE FINANCE AND ACCOUNT
OFFICER OF TRAVANCORE DEVASWOM BOARD
