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.
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DBP No.44 of 2024
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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
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
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
