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Suo Motu vs State Of Kerala
2023 Latest Caselaw 3371 Ker

Citation : 2023 Latest Caselaw 3371 Ker
Judgement Date : 24 March, 2023

Kerala High Court
Suo Motu vs State Of Kerala on 24 March, 2023
DBP No.41/2022                              1 / 17

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                            &
                           THE HONOURABLE MR.JUSTICE N.NAGARESH
                 Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
                                    DBP NO. 41 OF 2022

IN THE MATTER OF COCHIN DEVASWOM BOARD - SUO MOTU PROCEEDINGS INITIATED AS PER
ORDER DATED 29/07/2022 IN DBP 31/2022 REGARDING THE CONDUCT OF TRADE FAIRS IN
ERNAKULATHAPPAN GROUND BY THE TEMPLE ADVISORY COMMITTEE OF ERNAKULAM SIVA TEMPLE
- REG.

                                     -------------


    PETITIONER:


            SUO MOTU


    RESPONDENTS:


     1.      STATE OF KERALA

             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,

             REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT,

             THIRUVANANTHAPURAM-695001

     2.      COCHIN DEVASWOM BOARD

             REPRESENTED BY ITS SECRETARY, ROUND NORTH,

             THRISSUR-680001

     3.      TEMPLE ADVISORY COMMITTEE (*CORRECTED)

             ERNAKULAM SHIVA TEMPLE, DURBAR HALL ROAD, MARINE DRIVE,

             ERNAKULAM, KERALA-682011.

             *CORRECTED AS

             THE ERNAKULAM KSHETHRA SEVA SAMITHI, (*CORRECTED)

             ERNAKULAM SIVA TEMPLE, DURBAR HALL ROAD, MARINE DRIVE,

             ERNAKULAM, KERALA-682 011

             *3RD RESPONDENT IS SUO MOTU CORRECTED AS PER ORDER DATED

             10/08/2022 IN DBP.NO.41/2022
 DBP No.41/2022                               2 / 17

             *CORRECTED AS

             *THE DESCRIPTION OF THE 3RD RESPONDENT IS CORRECTED AS "ERNAKULAM

             KSHETHRA KSHEMA SAMITHI" INSTEAD OF "ERNAKULAM KSHETHRA SEVA

             SAMITHI" AS PER ORDER DATED 29/11/2022 IN DBP 41/2022.

             *ADDL.R4 IMPLEADED

     4.      THE DEPUTY DIRECTOR,

             KERALA STATE AUDIT DEPARTMENT, COCHIN DEVASWOM BOARD,

             ROUND NORTH, THRISSUR - 680 001

             *IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH RESPONDENT VIDE ORDER

                 DATED 10/08/2022 IN DBP.NO.41/2022



             BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER FOR R1 & ADDL.R4

             BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD FOR R2

             BY M/S.JEFFIN JOHN, AJITH VISWANATHAN, SHIBU JOSEPH,

             SAYED MANSOOR BAFAKHY THANGAL, M.SRIRAM, HAIRA, DEVIKA MOHAN,

             PAUL S.MANGUZHA and ATHIRA K., Advocates for R3


            THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON

    24/03/2023, UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED

    02/03/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING.
 DBP No.41/2022                              3 / 17




                      ANIL K. NARENDRAN & N. NAGARESH, JJ.
                      ------------------------------------------------
                              DBP Nos.41 and 65 of 2022
                        ---------------------------------------------
                        Dated this the 24th day of March, 2023

                                        ORDER

Anil K. Narendran, J.

DBP.No.41 of 2022

This DBP is registered suo motu as per the order dated

29.07.2022 in DBP No.31 of 2022 relating to the conduct of trade fairs

in Ernakulathappan ground by the 3rd respondent Ernakulam Kshethra

Kshema Samithi, which has been granted the status of Temple Advisory

Committee vide order No.A5-1471/07 dated 23.01.2016 of the Cochin

Devaswom Board, with the approval of this Court in the order dated

18.05.2016 in DBA No.4 of 2016.

2. DBP No.31 of 2022 was registered based on CDB Report

No.18 of 2022 in Petition No.3 of 2022 of the learned Ombudsman. The

Cochin Devaswom Board filed Petition No.3 of 2022 seeking permission

to conduct exhibitions and trade fairs in the period other than Thrissur

Pooram exhibition. That DBP was disposed of by the order dated

29.07.2022 with the directions contained in paragraphs 29 to 29.4, of

that order.

3. In paragraph 31 of the order dated 29.07.2022 in DBP

No.31 of 2022, this Court noticed that on the income generated from DBP No.41/2022 4 / 17

DBP Nos.41 and 65 of 2022

conducting Thrissur Pooram exhibition in the exhibition ground in

Thekkinkad Maidan, the Cochin Devaswom Board, which is the trustee

of that Devaswom land, is getting only a meagre amount as ground

rent. In CDB Report No.18 of 2022 in Petition No.3 of 2022, the learned

Ombudsman noticed the submission made on behalf of the Board that

trade fairs are being conducted in Ernakulathappan ground by the

Temple Advisory Committee, which has been granted permission to

make use of that ground for such purposes. The income generated by

conducting trade fairs in Ernakulathappan Ground is shared between

the Cochin Devaswom Board, which is a trustee of that Devaswom land,

and the Temple Advisory Committee of that Temple. Therefore, by the

order dated 29.07.2022 in DBP No.31 of 2022, this Court directed

Registry to initiate suo motu proceedings on the conduct of trade fairs

in Ernakulathappan ground by the Temple Advisory Committee of

Ernakulam Siva Temple, i.e., Ernakulam Kshethra Kshema Samithi.

4. On 10.08.2022, when this DBP came up for consideration,

the learned Standing Counsel was directed to file an affidavit on behalf

of the 2nd respondent Board and the learned Senior Government

Pleader was directed to file an affidavit on behalf of the additional 4 th

respondent Deputy Director, Kerala State Audit Department, Cochin

Devaswom Board Audit.

5. On 29.08.2022, the learned Senior Government Pleader, DBP No.41/2022 5 / 17

DBP Nos.41 and 65 of 2022

the learned Standing Counsel for Cochin Devaswom Board and also the

learned Senior Counsel for the 3rd respondent Temple Advisory

Committee sought time to file affidavits explaining the facts and

circumstances. On 21.02.2023, when this DBP came up for

consideration, the 2nd respondent Cochin Devaswom Board has filed an

affidavit dated 18.02.2023, producing therewith Annexures R2(a) to

R2(bb) documents. Annexure R2(t) document produced along with that

affidavit is a copy of the sale deed dated 08.04.2013 bearing

No.1356/2013 of the Sub Registrar Office, Ernakulam executed by the

Corporation of Kochi in favour of 2nd respondent Cochin Devaswom

Board and the 3rd respondent Ernakulam Kshethra Kshema Samithi. By

the order dated 21.02.2023, Registry was directed to list the matter

along with Judges' papers in DBP No.28 of 2010, DBP No.137 of 2012

and DBA No.4 of 2016. On 21.02.2023 the learned Senior Counsel for

the 3rd respondent sought further time to file affidavit.

6. Today, when this matter is taken up for consideration, the

learned Senior Government Pleader has placed on record an affidavit

filed by the additional 4th respondent Deputy Director, Kerala State

Audit Department. The learned counsel for the 3rd respondent would

submit that an affidavit on behalf of Ernakulam Kshethra Kshema

Samithi is being filed today. We have perused the Judges' papers in

DBP No.28 of 2010, DBP No.137 of 2012, DBA No.4 of 2016 and also DBP No.41/2022 6 / 17

DBP Nos.41 and 65 of 2022

DBA No.2 of 2000.

7. The 3rd respondent Ernakulam Kshethra Kshema Samithi

filed DBA No.2 of 2000 before this Court mainly seeking permission to

acquire eastern portion of Krishnavilasom compound having an extent

of 1.25 Acres (47.82 Ares), in the name of Cochin Devaswom Board,

which property was held by the Corporation of Kochi, under the Scheme

'Ernakulathappanu Oradi Mannu' (One foot land for Lord Siva of

Ernakulam Temple)-Ext.P2 Scheme in that DBA. By the order dated

21.07.2000 in C.M.P.No.1866 of 2000 a Division Bench of this Court

permitted Ernakulam Kshethra Kshema Samithi to acquire the said

property in the name of the Cochin Devaswom Board. It was also

directed that the amount for the purpose of acquiring the property shall

be collected by issuing coupons containing the seal of the Cochin

Devaswom Board and that, the progress of such collection and the

development shall be intimated to this Court, once in two months, by

filing appropriate petition. Subsequently, the entire sale consideration

was paid to the Corporation of Kochi and what remained was only

interest for the delayed remittance, which was under consideration in

Report No.41 filed by the learned Ombudsman.

8. By the order dated 05.12.2012 in DBP Nos.28 of 2010 and

137 of 2012, a Division Bench of this Court found that the Corporation

of Kochi has to facilitate registration of the sale deed of the land having DBP No.41/2022 7 / 17

DBP Nos.41 and 65 of 2022

an extent of 1.25 Acres (47.82 Ares) in favour of the Temple

(Ernakulam Siva Temple) for the consideration agreed mutually, within

a period of one month, and the learned Standing Counsel for Cochin

Devaswom Board was directed to produce a copy of the deed that

would be registered in terms of that order. On 07.02.2013, when DBP

Nos.28 of 2010 and 137 of 2012 came up for consideration, the learned

Standing Counsel for Corporation of Kochi submitted that the

Corporation Council has taken a decision in the matter and the

Corporation will have to obtain sanction from the State Government.

In the order dated 07.02.2013, the Division Bench found that, when

this Court had already directed execution of the sale deed, a fresh

sanction from the State Government is not required and the direction

issued in the order dated 05.12.2012 will have to be complied with in

letter and spirit by executing the sale deed. By the said order, this Court

granted 10 days' time to the Corporation of Kochi to comply with the

order dated 05.12.2012 and report to this Court.

9. On 10.04.2013 when DBP No.28 of 2010 came up for

consideration, the learned Standing Counsel for Corporation of Kochi

and the learned Senior Counsel for Ernakulam Kshethra Kshema

Samithi submitted that a document has been executed on 09.04.2013.

In the light of the above submission, the Division Bench disposed of

DBP No.28 of 2010, by order dated 10.04.2013, recording that no DBP No.41/2022 8 / 17

DBP Nos.41 and 65 of 2022

further orders are called for. A copy of the order dated 10.04.2013 in

DBP No.28 of 2010 is placed on record as Ext.R2(u), along with the

affidavit filed by the 2nd respondent Cochin Devaswom Board in DBP

No.41 of 2022.

10. In DBP No.137 of 2012, which was registered in the matter

of commercial exploitation of Ernakulathappan ground attached to

Ernakulam Siva Temple, the Division Bench of this Court passed an

order dated 25.07.2012, which was followed by the order dated

01.08.2012. That DBP was closed by the order dated 07.07.2014.

11. The sale deed referred to in the order dated 10.04.2013 in

DBP No.28 of 2010 is placed on record as Annexure R2(t) along with

the affidavit filed by the 2nd respondent. The said sale deed is one

executed by Corporation of Kochi in favour of Cochin Devaswom Board,

represented by its Secretary, and Ernakulam Kshethra Kshema Samithi,

represented by its Secretary. The said document refers to the order

dated 05.12.2012 of the Division Bench in DBP Nos.28 of 2010 and 137

of 2012. It also refers to a letter dated 14.03.2013 of the Corporation

of Kochi, addressed to the State Government, seeking permission to

convey the property to the purchasers. It also refers a Government

order dated 03.04.2013, whereby the State Government accorded

permission to convey the said property to the purchasers. The said

paragraph is extracted hereunder;

 DBP No.41/2022                                  9 / 17



         DBP Nos.41 and 65 of 2022


"AND WHEREAS, as per Letter No.MOP.2/32007/2005 dated 14.03.2013, the vendor addressed the Government of Kerala for permission to convey the property to the purchasers herein and the Government of Kerala as per proceedings dated 03.04.2013 in G.O(Rt)No.897/2013/LSGD was pleased to accord permission to convey the schedule property to the purchasers."

12. The learned counsel for the 3rd respondent Ernakulam

Kshethra Kshema Samithi would point out the reference made in page

No.4 of Annexure R2(t) sale deed to an agreement of sale dated

07.09.2000, which reads thus:

"AND WHEREAS the Purchasers have requested the vendor for assignment of the above land to them. In pursuance of the said request and on the basis of the Resolution No.49 dated 22.05.2000 of the Council of the Corporation of Kochi, the vendor and the Purchasers have entered into an Agreement of Sale dated 07.09.2000, whereby the Vendor has agreed to sell the above mentioned 52.01 Ares of land made up of 4.91 Ares comprised in Sy.No.750 and 47.10 Ares comprised in Sy.No.1561 of Ernakulam Village and covered by Award No.16/1989 dated 21.08.1989 of Special Tahsildar (LA), Corporation of Kochi and the purchasers have agreed to purchase the said property for the purpose of Ernakulam Siva Temple for a consolidated sale consideration of Rs.3,75,00,000/- (Rupees Three Crores Seventyfive Lakhs only)."

13. 'Deva' means God and 'swom' means ownership in Sanskrit

and the term 'Devaswom' denotes the property of God in common

parlance. [see: Prayar Gopalakrishnan and another v. State of

Kerala and others - 2018 (1) KHC 536].

 DBP No.41/2022                             10 / 17



         DBP Nos.41 and 65 of 2022


14. In A.A. Gopalakrishnan v. Cochin Devaswom Board

[(2007) 7 SCC 482] a Three-Judge Bench of the Apex Court held that

the properties of deities, temples and Devaswom Boards are required

to be protected and safeguarded by their trustees/archakas/shebaits/

employees. Instances are many where persons entrusted with the duty

of managing and safeguarding the properties of temples, deities and

Devaswom Boards have usurped and misappropriated such properties

by setting up false claims of ownership or tenancy, or adverse

possession. This is possible only with the passive or active collusion of

the authorities concerned. Such acts of 'fences eating the crops' should

be dealt with sternly. The Government, members or trustees of

boards/trusts, and devotees should be vigilant to prevent any such

usurpation or encroachment. It is also the duty of courts to protect and

safeguard the properties of religious and charitable institutions from

wrongful claims or misappropriation.

15. In Travancore Devaswom Board v. Mohanan Nair

[2013 (3) KLT 132] a Division Bench of this Court noticed that in A.A.

Gopalakrishnan [(2007) 7 SCC 482] the Apex Court emphasised

that it is the duty of the courts to protect and safeguard the interest

and properties of the religious and charitable institutions. The relevant

principles under the Hindu law will show that the Deity is always treated

similar to that of a minor and there are some points of similarity DBP No.41/2022 11 / 17

DBP Nos.41 and 65 of 2022

between a minor and a Hindu idol. The High Court therefore is the

guardian of the Deity and apart from the jurisdiction under Section 103

of the Land Reforms Act, 1957 viz. the powers of revision, the High

Court is having inherent jurisdiction and the doctrine of parens patriae

will also apply in exercising the jurisdiction. Therefore, when a

complaint has been raised by the Temple Advisory Committee, which

was formed by the devotees of the Temple, about the loss of properties

of the Temple itself, the truth of the same can be gone into by the High

Court in these proceedings.

16. It is for the 2nd respondent Cochin Devaswom Board and

also the 3rd respondent Ernakulam Kshethra Kshema Samithi to explain

the facts and circumstances in which Annexure R2(t) sale deed dated

08.04.2013 executed in terms of the direction contained in the order

dated 05.12.2012 in DBP Nos.28 of 2010 and 137 of 2012 in respect

of 1.25 Acres (47.82 Ares), the eastern portion of Krishnavilasom

compound, purchased under the Scheme 'Ernakulathappanu oradi

mannu' (One foot land for Lord Siva of Ernakulam Temple), was

executed in favour of Cochin Devaswom Board and Ernakulam

Kshethra Kshema Samithi. The said land purchased under the aforesaid

Scheme for the deity, i.e., Lord Ernakulathappan, which can only be

registered in the name of Cochin Devaswom Board and the Board has

to manage that property as a trustee in management of Devaswom DBP No.41/2022 12 / 17

DBP Nos.41 and 65 of 2022

land.

17. We also notice from the affidavit filed by the 2nd respondent

Cochin Devaswom Board that the term of rent sharing agreement

between the cochin Devaswom Board and Ernakulam Kshethra Kshema

Samithi, for sharing the rent in the ratio of 60:40, in respect of

Ernakulathappan Ground and hall, was only upto 31.12.2022. As

evident from Annexure R2(r) order dated 28.02.2013 of the Special

Devaswom Commissioner, when such a rent sharing agreement was

entered into for a period of one year from 01.04.2013, the ratio of

sharing of rent was 65:35. The learned counsel for the 3rd respondent

Ernakulam Kshethra Kshema Samithi would submit that the

representation made by the Samithi for extending the term further is

pending consideration before the Cochin Devaswom Board.

18. The additional 4th respondent Joint Director has filed an

affidavit dated 24.03.2023, which contains serious allegations against

the Cochin Devaswom Board and also Ernakulam Kshethra Kshema

Samithi. In the said affidavit, it is stated that the Audit Team from that

office visited the office of Ernakulam Kshethra Kshema Samithi on

14.11.2016 to verify the income and expenditure account of the land

purchased. But the documents were not made available. The said

affidavit deals with implementation of various projects undertaken by

the Kshethra Kshema Samithi. In the affidavit, it is stated that a DBP No.41/2022 13 / 17

DBP Nos.41 and 65 of 2022

detailed review is required as to how much of money the Kshethra

Kshema Samithi has mobilised on its own to implement various

projects, in addition to the share from the income generated from the

Devaswom property. In the affidavit, the additional 4th respondent has

relied on the decision of this Court in T. Krishnakumar v. Cochin

Devaswom Board [2022 (5) KHC SN 8 : 2022 (4) KLT 798],

wherein it was held that 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.

19. It is for the 2nd respondent Board and the 3rd respondent

Samithi to file affidavits in reply.

20. Having considered the materials on record and also the

submissions made at the Bar, we deem it appropriate to direct the

Secretary of Cochin Devaswom Board and also the President of the 3rd

respondent Ernakulam Kshethra Kshema Samithi to personally present

in Court on 29.03.2023 at 03:30 p.m., along with the relevant files.

The learned Senior Government Pleader shall make available for the

perusal of this Court the files relating to G.O(Rt)No.897/2013/LSGD

dated 03.04.2013.

 DBP No.41/2022                                     14 / 17



         DBP Nos.41 and 65 of 2022


         DBP No.65 of 2022

21. This suo motu proceedings is initiated as per order dated

25.10.2022 on the pathetic condition in which Ernakulathappan Ground

in Siva Temple is maintained, which was brought to the notice of this

Court by a Former Judge of this Court.

List along with DBP No.41 of 2022.

DBP Nos.41 and 65 of 2022

List on 29.03.2023 at 03:30 p.m., along with DBP No.65 of 2022

for appearance.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

N. NAGARESH, JUDGE

bkn/-




24-03-2023                           /True Copy/                        Assistant Registrar
 DBP No.41/2022                   15 / 17

                       APPENDIX OF DBP 41/2022

ANNEXURE R2 ( p ) True copy of order on H1. 1517/2012 dated 26.7.2012 issued by the 2nd respondent.

ANNEXURE R2 ( O ) True copy of order No. A5. 1471/07 dated 23/07/2011 issued by the 2nd respondent.

ANNEXURE R2 ( a ) True copy of relevant pages of the thanathu register maintained by the 2nd respondent in respect of Ernakulam Siva Temple during 1997-98.

ANNEXURE R2 ( b ) True copy of relevant pages of the thanathu register maintained by the 2nd respondent in respect of Ernakulam Siva temple during 2016-2017.

ANNEXURE R2 ( c ) True copy of Award No. 34/96 issued by the Land Acquisition Officer, Special Tahasildar (LA), National Highway, Ernakulam.

ANNEXURE R2 ( d ) True copy of survey plan in respect of property covered by Annexure R2(c).

ANNEXURE R2 ( e ) True copy of proceedings of the second respondent dated 24/06/2000 (order dated 24/06/2000 on H1. 6265/97). ANNEXURE R2 ( f ) True copy of proceedings dated 23/09/2000 in H1.

6265/97 issued by the 2nd respondent.

ANNEXURE R2 ( g ) True copy of order dated 21/07/2000 in CMP No. 3062 of 2000 in CMP No. 1866 of 2000 passed by this Honourable Court.

ANNEXURE R2 ( h ) True copy of order dated 18/10/2000 on R. 3169/98 issued by the 2nd respondent.

ANNEXURE R2 ( I ) True copy of order No. A5. 1471/07 dated 21/03/2009 issued by the 2nd respondent.

ANNEXURE R2 ( j ) True copy of judgment dated 11/06/2009 in DBA No. 64 of 2009 passed by this Honourable Court.

ANNEXURE R2 ( k ) True copy of Order on R.6635/09 dated 08/03/2011 issued by the 2nd respondent.

ANNEXURE R2 ( l ) True copy of order No. A5. 1471/07 dated 17/03/2011 issued by the second respondent.

ANNEXURE R2 ( m ) True copy of order No. R. 6635/09 dated 26.3.2011 issued by the 2nd respondent.

ANNEXURE R2 ( n ) True copy of agreement dated 01.04.2011 entered into between respondents 2 and 3.

ANNEXURE R2 ( q ) True copy of order dated 14.11.2012 in DBP No. 196/2012 passed by this Honourable Court.

ANNEXURE R2 ( r ) True copy of order No. R. 6635/09 dated 28.2.2013 issued by the 2nd respondent.

ANNEXURE R2 ( s ) True copy of order No. A5. 1471/07 dated 18/03/2013 issued by the 2nd respondent.

ANNEXURE R2 ( t ) True copy of sale deed dated 8.4.2013 registered as Doc. No. 1356/2013 of SRO, Ernakulam executed by Corporation of Kochi in favour of Cochin Devaswom Board (2nd respondent) and Ernakulam Kshethra Kshema Samithi (3rd respondent).

ANNEXURE R2 ( u ) True copy of order dated 10.4.2013 in DBP No. 28/2010 passed by this Honourable Court.

ANNEXURE R2 ( v ) True copy of order No. A5. 1471/07 dated 05/05/14 issued by the 2nd respondent.

 DBP No.41/2022                    16 / 17


ANNEXURE R2 ( w )    True copy of order No. R-2076/80 dated 21/06/2014
                     issued by the second respondent.
ANNEXURE R2 ( x )    True copy of order No. R-2076/80 dated 04/05/2015
                     issued by the 2nd respondent.
ANNEXURE R2 ( y )    True copy of order No. A5-1471/07 dated 29/09/2015
                     issued by the 2nd respondent.
ANNEXURE R2 ( z )    True copy of judgment dated 01.10.2015 in WP(Civil) No.

25962 of 2014 passed by this Honourable Court. ANNEXURE R2 ( aa ) True copy of request dated 05.10.2015 submitted by the third respondent to the second respondent.

ANNEXURE R2 ( ab ) True copy of Order No. A5 1471/07 dated 02/11/15 issued by the second respondent.

ANNEXURE R2 ( ac ) True copy of request dated 10.12.2015 submitted by the 3rd respondent to the President of the 2nd respondent board.

ANNEXURE R2 ( ad ) True copy of order No. A5 1471/07 dated 23/01/16 issued by the 2nd respondent.

ANNEXURE R2 ( ae ) True copy of order dated 18/05/2016 in DBA No. 4 of 2016 passed by this Honourable Court.

ANNEXURE R2 ( af ) True copy of Order No. A5. 1471/07 dated 15.6.2016 issued by the 2nd respondent.

ANNEXURE R2 ( ag ) True copy of letter dated 17.6.2016 issued by the third respondent to the Special Commissioner, CDB. ANNEXURE R2 ( ah ) True copy of draft project report dated 5.8.2013 submitted by the 3rd respondent to the 2nd respondent ANNEXURE R2 ( ai ) True copy of order No. R. 13809/2015 dated 08.07.2016 issued by the 2nd respondent ANNEXURE R2 ( aj ) True copy of letter dated 25.7.2016 issued by the 3rd respondent to the Devaswom Secretary, Government of Kerala ANNEXURE R2 ( ak ) True copy of order on A5.1471/07 dated 31/08/2016 issued by the 2nd respondent.

ANNEXURE R2 ( al ) True copy of request dated nil submitted by the 3rd respondent to the Devaswom Officer, Ernakulam Siva temple ANNEXURE R2 ( am ) True copy of report (Ref. No. M4/7/13 dated 04.10.2016) submitted by the Assistant Commissioner, Thripunithura to the 2nd respondent.

ANNEXURE R2 ( an ) True copy of order on A5. 1471/2007 dated 30.1.2017 issued by the 2nd respondent.

ANNEXURE R2 ( ao ) True copy of order No. A5. 1471/07 dated 02.02.2017 issued by the 2nd respondent.

ANNEXURE R2 ( ap ) True copy of order No. A5. 1471/07 dated 17.3.2018 issued by the 2nd respondent.

ANNEXURE R2 ( aq ) True copy of order No. A5. 1471/07 dated 30.10.2018 issued by the 2nd respondent.

ANNEXURE R2 ( ar ) True copy of proceedings dated 25.6.2019 of the learned Ombudsman in SMC No. 54 of 2019.

ANNEXURE R2 ( as ) True copy of CDB Report No. 41/2019 in Petition No. 8/2019 dated 25.6.2019 submitted by the learned Ombudsman.

DBP No.41/2022 17 / 17

ANNEXURE R2 ( at ) True copy of order dated 23.7.2019 in DBP No. 34/2019 passed by this Honourable Court.

ANNEXURE R2 ( au ) True copy of communication (Ref. No. M4 7/13 dated 01.12.2020) issued by the Assistant Commissioner, Thripunithura to the Special Devaswom Commissioner. ANNEXURE R2 ( av ) True copy of order No. A5. 1471/2007 dated 23.12.2020 issued by the 2nd respondent.

ANNEXURE R2 ( aw ) True copy of the minutes of the meeting convened by the then President of the 2nd respondent with 3rd respondent dated 19.11.2022.

ANNEXURE R2 ( ax ) True copy of Order No. R. 13809/15 dated 12.12.2022 issued by the 2nd respondent.

ANNEXURE R2 ( ay ) True copy of letter dated 19.12.2022 submitted by the 3rd respondent to the President of 2nd respondent Board.

ANNEXURE R2 ( az ) True copy of report No. R1-1612/12 dated 28.12.2022 issued by the Devaswom Assistant Commissioner, Thripunithura group to the Devaswom Commissioner. ANNEXURE R2 ( bb ) True copy of report dated 17.2.2023 forwarded by the Devaswom Officer, Ernakulam Devaswom.

ANNEXURE R2 ( ba ) True copy of Report No. R. 13809/15 dated 15.2.2022 submitted by the Assistant Engineer, Thripunithura group, CDB to the 2nd respondent.

24-03-2023 /True Copy/ Assistant Registrar

 
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