Disposed

Professor a.K.Somasekharan Nair v. Secretary

Kerala HC6 Jan 2016DBP/141/2015

Case brief

AI extract

What is this about?

The High Court, considering the Ombudsman's report, directed the Special Tahsildar to finalize land measurements for the Sree Karthiayani Devi Temple within three months. The State Audit Department was directed to audit the Temple Advisory Committee accounts for 2015-16 within three weeks. The Travancore Devaswom Board was directed to inspect festival committee accounts, inquire into complaints re

What did the court decide?

Directions issued for land measurement, account audit, inquiry into fund collection, and examination of festival committee byelaw compliance.

Professor a.K.Somasekharan Nair Vs Secretary — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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DBP.No. 141 of 2015 ()

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PETITIONER(S):

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PROFESSOR A.K.SOMASEKHARAN NAIR, POURNAMI VEETTIL, THALAYOLAPPARAMBU KARA, VADAYAR VILLAGE, VAIKOM TALUK.

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BY ADV. ...

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RESPONDENT(S):

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THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM.

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R BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD

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THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 06-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOTTATHIL B.RADHAKRISHNAN &

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ANU SIVARAMAN, JJ.

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DBP.No.141 of 2015

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Dated this the 6^th day of January, 2016

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O R D E R

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Thottathil B.Radhakrishnan, J.

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We have considered the report of the learned Ombudsman and have heard the learned amicus curiae and the standing counsel for the Travancore Devaswom Board. Taking into consideration the contents of the report of the learned Ombudsman, the following directions are issued:

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1.The Special Tahsildar, Travancore Devaswom Board is directed to finalize the measurements of the Devaswom land of the Thalayolapparambu Sree Karthiayani Devi Temple under the Travancore Devaswom Board, without fail within a period of three months from the date of receipt of a copy of this order and place such report before the learned Ombudsman for Travancore and Cochin Devaswom Boards.

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DBP.141/15

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2.The Kerala State Audit Department for the Travancore Devaswom Board Audit is directed to audit the accounts of the Temple Advisory Committee of Thalayolapparambu Sree Karthiayani Devi temple for the year 2015-16. Initiation of such audit proceedings shall be made within a period of three weeks from the date of receipt of a copy of this order and the audit report shall be placed without delay before the learned Ombudsman for Travancore and Cochin Devaswom Boards.

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3.The Travancore Devaswom Board shall ensure that the accounts of the festival committee of the Sree Karthiayani Devi Temple and connected records are forthwith inspected and the Vigilance Wing of the Travancore Devaswom Board shall enquire into the complaints against the alleged collection of amounts without proper receipts. This exercise shall be carried out within a period of two months from the date of receipt of a copy of this order. Thereafter, the accounts of the festival committee shall be finalized and subjected to audit through Local Fund Audit for the Travancore Devaswom Board. Such audit exercise shall be completed

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DBP.141/15

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within a further period of six months, without fail. The audit report shall be placed before the learned Ombudsman for Travancore and Cochin Devaswom Boards.

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4.There is no provision in the byelaws of the Travancore Devaswom Board for formation of festival committees separately. The learned Ombudsman has noted that in some of the temples, festival committees are constituted over and above the Temple Advisory Committees on the plea that the Temple Advisory Committees cannot conduct festivals in large scale. The question whether such committees can be allowed to function or not, with the special permission of the Devaswom Commissioner or whether such committees are to be prohibited or not, requires to be considered. To enable this process, the Devaswom Commissioner is directed to bring the issue projected in paragraph No.10(3) of the report of the learned Ombudsman to the attention of the Travancore Devaswom Board and obtain the views of the Board and place it before the learned Ombudsman for Travancore and Cochin Devaswom Boards, so that any requirement to further modify the byelaws

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DBP.141/15

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could then be considered by the learned Ombudsman and appropriate recommendations could be made from that end. This exercise should be carried out by the Commissioner and the Travancore Devaswom Board and the TDB's proposal in this regard shall be placed before the learned Ombudsman within a period of three months from the date of receipt of a copy of this order, without fail. The learned Ombudsman will consider such materials and would then put up such report, as may be found necessary.

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DBP ordered accordingly.

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Sd/-

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(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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Sd/- (ANU SIVARAMAN, JUDGE)

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//TRUE COPY//

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P.A TO JUDGE

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Professor a.K.Somasekharan Nair v. Secretary

Case brief

What is this about?

What did the court decide?

Professor a.K.Somasekharan Nair v. Secretary

Case brief

What is this about?

What did the court decide?

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