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
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-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,
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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.
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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
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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
2024:KER:85425
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
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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.
