Kerala High Court
Suo Motu vs State Of Kerala on 22 January, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
DBP No.31 of 2023
2025:KER:5026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 22ND DAY OF JANUARY 2025/2ND MAGHA, 1946
DBP NO. 31 OF 2023
PRESENT STATUS OF MASTER PLAN AND ALLEGATIONS IN THE
COMPLAINT OF A DEVOTEE
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE(DEVASWOM)DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 TRAVANCORE DEVASWOM BOARD - TDB
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KAWDIAR POST, THIRUVANATHAPURAM-695003
3 DEPUTY DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD,
VAIKOM, KOTTAYAM-686141
4 THE ADMINISTRATIVE OFFICER
ETTUMANOOR SREE MAHADEVA TEMPLE,
ETTUMANOOR, KOTTAYAM-686631
5 THE TEMPLE ADVISORY COMMITTEE OF SREE ETTUMANOOR
MAHADEVA TEMPLE
DBP No.31 of 2023
2025:KER:5026
2
ETTUMANOOR-686631, REPRESENTED BY ITS SECRETARY
*6 SRI.B.JAYACHANDRAN
AGED 55 YEARS, S/O.K.BALACHANDRAN,
CHANDRAKANTHAM, ETTUMANOOR,
KOTTAYAM, PIN - 686 631
*7 SRI.VINOD M.S.,
S/O.SREEDARA HEGDON, AGED 57 YEARS, RESIDING AT
MADATHIPARAMBIL HOUSE, ETTUMANOOR EAST,
ETTUMANOOR P.O., KOTTAYAM - 686 631
*8 SREE MAHADEVA KSHETHRA SAMRAKSHANASAMITHI,
SHAKHA NO.586 OF KERALA KSHETHRA SAMRAKSHANA
SAMITHI (REGD.NO.142/77), MADHAVAM, NEAR
ETTUMANOOR SREE MAHADEVA TEMPLE, ETTUMANOOR, PIN
- 686 631, REPRESENTED BY ITS SECRETARY
SRI.G.VINOD KUMAR, S/O.LATE P.N.GOPALAKRISHNAN,
JYOTHI, V.K.B.ROAD, ETTUMANOOR P.O.,
ETTUMANOOR, PIN - 686 631
* ADDL R6 TO R8 ARE SUO MOTU IMPLEADED VIDE ORDER
DATED 23.05.2023 IN DBP.NO.31 OF 2023.
SRI.S.RAJMOHAN, SR. GOVT. PLEADER
SRI.G.BIJU, SC, TDB
SRI.P.RAMACHANDRAN, AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 22.01.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
DBP No.31 of 2023
2025:KER:5026
3
ORDER
Anil K. Narendran, J.
This DBP is registered based on Report No.10 of 2023 of the
learned Ombudsman in DBP Nos.17 of 2022. The said report is
filed pursuant to the directions contained in the order/judgment
of this Court dated 09.11.2022 in DBP No.17 of 2022 and
W.P.(C)No.31813 of 2022. Paragraphs 25 and 26 of the said
order/judgment read thus;
''25. The learned Ombudsman is directed to conduct an
enquiry with notice to the concerned Devaswom officials, the
members of the 5th respondent Temple Advisory Committee
and also additional respondents 6 and 7 in DBP No.17 of 2022,
on the present status of various projects/works under the
Master Plan for Ettumanoor Sree Mahadeva Temple and
submit a report before this Court, on or before 14.03.2022
(2023). The question as to whether a Master Plan
Implementation Committee, in addition to the Temple
Advisory Committee, has to be constituted for Ettumanoor
Sree Mahadeva Temple, is left open to be decided after the
submission of the report by the learned Ombudsman.
26. The learned Ombudsman is directed to conduct another
enquiry with notice to the concerned Devaswom officials, the
members of the 5th respondent Temple Advisory Committee
and also additional respondents 6 and 7 in DBP No. 17 of
2022, on the allegations contained in the complaint dated
2025:KER:5026
14.05.2022 of a devotee of Lord Ettumanoorappan (other
than those connected with Report No.162/2021/TDB/
SI/VKM/VIG dated 19.01.2021 and CT No.136/21/TDB/VIG
dated 31.08.2021 of the Superintendent of Police and Chief
Vigilance Officer) and submit a report before this Court, on
or before 14.03.2022. (2023)."
2. Pursuant to the directions contained in the
order/judgment of this Court dated 09.11.2022, the learned
Ombudsman has filed Report No.10 of 2023, which is one dated
21.03.2023. The findings in the said report read thus;
"1. As respects Para 25 of the order of the Honourable High
Court, from the various statements and the exhibits
produced and based on inspection, I find that out of the 16
items included in the Master Plan only 3 items were
completed namely, the Nadapanthals on north and south and
the toilet blocks. Out of these, the south Nadapanthal and
toilet block are built by using the fund provided by the
Devaswom, whereas the north Nadapanthal is constructed by
using funds provided by a sponsor. The remaining items are
not yet started. Admittedly, no public collection has been
made by the Master Plan Implementation Committee nor has
any other source of funding been received in this regard
other than the construction of North Nadapanthal by a
sponsor. I am told that the formation of Temple Advisory
Committee is on the way and election is yet to be conducted.
It is also a fact that the Master Plan Implementation
Committee was formed ten years back and due to shortage
2025:KER:5026
of funds and due to Covid, the remaining items included in
the Master Plan were not taken up. In other words, 13 out of
16 items are still pending execution. The Honourable High
Court in Para 26, has asked the Ombudsman to conduct an
enquiry on the allegations contained in the complaint dated
14.05.2022 of a devotee of Ettumanoorappan (other than
those connected with Report No. 162/2021/TDB/SI/VKM VIG
dated 19/01/2021 and CTNo.136/21/TDB/VIG dated
31.08.2021 of the Superintendent of Police and Chief
Vigilance Officer).
2. The first complaint is regarding the Temple Advisory
Committee. It is alleged that they are siding the
Administrative Officer for various irregularities in the Temple.
What are those irregularities, however, is not pointed out.
Anyway, it is denied in the counter statement filed by the
Committee as also by the Devaswom authorities. Findings on
the allegation that the Master Plan Implementation
Committee and the Temple Advisory Committee have not
done any developmental activities within these ten years
period, has been dealt with in the enquiry note on Para 25.
The allegation is that the Master Plan Implementation
Committee is ineffective and as and when the Devaswom
Board changes, they proclaim to do many works through
media and that is continuing; but nothing is done in the
matter.
3. As regards the allegation that no receipt is issued for sale
of the oil by the auctioneer, I have enquired the same and
found that the bidder remits the bid amount to Devaswom
and the oil is sold by him in different measures in small cups
2025:KER:5026
and the amount collected is ranging from Rs.10/- to Rs.180/-
depending upon the measure of oil requested for by the
devotee. The smallest measurement of oil sold is for Rs.10/-
and so on. It is admitted that no receipt is issued by the
auctioneer for the sale of oil to the devotees. As regards the
complaint that the oil sold is of an inferior quality, at present,
there is no mechanism for testing the quality of the oil sold.
If the Honourable High Court agrees, direction may be given
to the Devaswom Board to conduct surprise inspection by a
Quality Control Inspector to ensure the quality of the oil sold
from the sale counter.
4. I noticed that the oil poured in the 'Valiya Vilakku'
automatically goes to an underground tank and as and when
it is full, the oil is pumped into a barrel kept in the store room
and distributed as explained by the Devaswom authorities.
Prima facie no irregularity is noticed in the manner of
disposal of the oil. Further, since there is audit by the State
Audit, Travancore Devaswom Board, such irregularities,
default etc. and discrepancies, if any, will be pointed out
while submitting the Audit report before the Honourable High
Court.
5. As already explained by the Officer, the right to vend the
oil as also the right to sell the gold and silver Alroopams are
auctioned by e-tender and if it fails, through open tender. I
called the representative who was available in the counter
selling gold and silver Alroopam counter and he explained to
me that other than these Alroopams of gold and silver,
Alroopams made of other metals are also sold for a meagre
amount of Rs.10. Gold and silver Alroopam are sold
2025:KER:5026
depending upon the weight, but there is no mechanism to
find out as to what is the weight of the Alroopams and
whether they are real silver and gold and of standard quality.
This can be verified only if the Alroopam kept for sale is
examined through a smith and once the same is isold and
subsequent bulk quantity reaches the counter, again the
smith has to check the same.
6. Whether there are better modes to ensure the quantity
and quality of those items is a matter for the Board to
suggest and it is for the Honourable High Court to pass
appropriate orders after considering the suggestion for
ensuring the weight and quality of the gold and silver articles
sold in the counter.
7. It is stated that auctioning of the Temple Maidan is now
done by the Deputy Devaswom Commissioner since last year,
based on tender invited. No tenderer has come forward with
any complaint and all details are entered in the mahazar and
reported to the higher authorities. Unless there is any specific
allegation in the manner of conducting the auction of Maidan,
no other enquiry was possible.
8. Since what is received is an anonymous complaint, none
was available for any oral enquiry.
9. The Deputy Devaswom Commissioner filed a statement
dated 22.03.2023 marked as Annexure 06 and answered all
the allegations contained in the statement filed by Sri. M.S.
Vinod (R6) on the date of my inspection in which it is
explained that the right to sell camphor, Incense sticks and
other pooja articles is given after inviting tenders. It is stated
that pooja articles for use in the temple directly given by the
2025:KER:5026
Dévaswom is of good quality as per the report of the
Administrative Officer. However, there is no mechanism to
ensure the quality of the articles sold by the bidder. It is
suggested that in the tender notification, in future, the length
of the garland, the measurement of the oil etc. can be fixed
including its rate. Further, as the pooja articles sold in the
counter are purchased by the bidder from the market, to
ensure the quality, necessary provisions can be included in
the tender publication. It is also stated that earlier, garlands
were prepared inside the Temple by Karaima- Kazhakam
family. Now the right to sell the garlands is put in auction.
However, tender notification does not specify the length and
price of the garlands to be sold. This can also be rectified by
including appropriate provisions in the tender condition
10. As regards the Devaprasnam, it is observed that report
has been made by the Assistant Devaswom Commissioner
and after considering the opinion of the Thanthri, necessary
steps will be taken in this regard. The above facts are brought
to the notice of the Honourable High Court for consideration
and orders.''
3. On 23.05.2023 when this DBP came up for
consideration, additional respondents 6 to 8 in DBP No.17 of 2022
were impleaded as additional respondents 6 to 8 in this DBP. The
learned Senior Government Pleader entered appearance for the 1st
respondent and the learned Standing Counsel for Travancore
Devaswom Board for respondents 2 to 4. Urgent notice by speed
2025:KER:5026
post was ordered to the 5th respondent and also to additional
respondents 6 to 8.
4. Heard the learned Senior Government Pleader for the
1st respondent, the learned Standing Counsel for Travancore
Devaswom Board for respondents 2 to 4. Though urgent notice by
speed post was ordered on 23.05.2023 to the 5th respondent and
also to additional respondents 6 to 8 and notice was sent by speed
post on 01.06.2023, the acknowledgment card is not yet returned.
Therefore, service of notice on the 5th respondent and also
additional respondents 6 to 8 is declared as complete, invoking
the provisions under the first proviso to sub-rule (2) of Rule 51 of
the Rules of the High Court of Kerala, 1971.
5. On 01.08.2023, when this DBP came up for
consideration, this Court noticed that the following works were
referred to in the Master Plan for Ettumanoor Sree Mahadeva
Temple;
1. North side Shopping Complex
2. South side Shopping Complex
3. Kulappura Building
4. Auditorium
5. Comfort Station
6. Aasthana Mandapam
2025:KER:5026
7. Ponnana Darshan Room
8. Nadapanthal No.1
9. Nadapanthal No.2
10. Nadapanthal No.3
11. Nadapanthal No.4
12. Nadapanthal No.5
13. Rearrangement and Trussed Roofing for Kailasa Auditorium
14. Thanthrymadom & Office Complex
15. Maintenance work of Ootupura
16. Water Treatment System for Temple Ponds
6. As per Report No.10 of 2023 of the learned
Ombudsman, out of the aforesaid 16 items included in the Master
Plan, only 3 works are completed, namely, the Nadapanthals on
the Northern and Southern sides of the temple and also the toilet
blocks. Out of the said works, Nadapanthal on the Southern side
and the toilet block were constructed using the fund provided by
the Travancore Devaswom Board, whereas the Nadapanthal on the
Northern side was constructed utilising the funds provided by a
sponsor. It is an admitted fact that the Master Plan
Implementation Committee, which was formed more than 10
years back, could not undertake any works under the Master Plan,
other than the aforesaid 3 works, which were undertaken, utilising
funds provided either by the Travancore Devaswom Board or by a
2025:KER:5026
sponsor. In the report the learned Ombudsman noticed that the
formation of a Temple Advisory Committee as per the Bye-laws
(Rules) framed under sub-section (3) of Section 31A of the
Travancore-Cochin Hindu Religious Institutions Act, 1950 is on the
way. Subsequent to the filing of the said report, a Temple Advisory
Committee was formed in Ettumanoor Sree Mahadeva Temple,
which has been arrayed as the 5th respondent in this DBP. The
learned Standing Counsel for Travancore Devaswom Board would
submit that an elected Temple Advisory Committee constituted as
per the Bye-laws (Rules) framed under sub-section (3) of Section
31A of the Act is presently holding office.
7. In view of the law laid down by this Court in Sunil
Kumar C. and others v. Travancore Devaswom Board and
others [2022 (4) KHC 663], the construction or repair or
renovation work that has to be undertaken in a temple is not
outside the purview of the Temple Advisory Committees
constituted under Section 31A of the Act. It would certainly be
open to the Travancore Devaswom Board to undertake such
constructions, repair or renovation work in a temple under its
management, directly by its Maramath Department.
2025:KER:5026
8. In the above circumstances, after considering the
construction works that could be undertaken in Ettumanoor Sree
Mahadeva Temple, for the last more than 10 years, by the Master
Plan Implementation Committee, and also taking note of the
formation of a Temple Advisory Committee in that temple as per
the Bye-laws (Rules) framed under Section 31A of the Act, we find
that there is no necessity to constitute a Master Plan
Implementation Committee in Ettumanoor Sree Mahadeva Temple,
in addition to the Temple Advisory Committee constituted as per
the aforesaid Bye-laws (Rules).
9. In paragraphs 2 to 10 of the findings in Report No.10
of 2023, the learned Ombudsman has dealt with the complaints
referred to in paragraph 26 of the order/judgment of this Court
dated 09.11.2022 in DBP No.17 of 2022 and W.P.(C)No.318313 of
2022.
10. Having considered the submissions made by the
learned Senior Government Pleader, the learned Standing Counsel
for Travancore Devaswom Board and the learned Amicus Curiae
for the learned Ombudsman, we deem it appropriate to direct the
Vigilance Wing of the Travancore Devaswom Board headed by the
2025:KER:5026
Chief Vigilance and Security Officer (Superintendent of Police) to
conduct surprise inspections in the pooja stalls at Ettumanoor Sree
Mahadeva Temple, as well as other major temples under the
management of the Travancore Devaswom Board, to prevent the
sale of inferior quality of oil, gold and silver Aalroopams, other
pooja articles, etc. to the devotees, by the kuthaka holders or
Devaswom employees. The 2nd respondent Travancore Devaswom
Board, through the Devaswom Commissioner, shall issue a circular
directing the concerned Assistant Commissioners and also the
concerned Administrative Officer/Sub Group Officer to take
necessary steps to prevent the sale of inferior quality pooja
articles to the devotees, in the temples under the management of
the Board, by the kuthaka holders or Devaswom employees.
With the above directions, this DBP is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
Dxy
