In a contempt petition filed for non-compliance of a prior order directing investigation and account audit, the court examined affidavits from police and the Devaswom Board showing verification was completed. The judge found no willful violation and closed the petition.
The contempt petition is closed; pending interlocutory applications also stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 11TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943
CON.CASE(C) NO. 1237 OF 2021
AGAINST THE JUDGMENT IN WA 1540/2020 OF HIGH COURT OF KERALA,
ERNAKULAM
PETITIONER/APPELLANT IN WA 1540/2020:
N.V. SANJEEV
AGED 64 YEARS, S/O VIJAYAPPAN,
NADUVILE VEETTIL, KADAKKARAPPALLY P.O.
PATTANAKKADU, CHERTHALA,ALAPPUZHA DISTRICT-688 529.
BY ADVS.ABDUL JAWAD K.
A.GRANCY JOSE
RESPONDENTS/RESPONDENTS 3 & 15 IN WA 1540/2020:
1 G.JAYADEV,AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER,
THE DISTRICT POLICE CHIEF, CCSB ROAD, CIVIL STATION
WARD, ALAPPUZHA-688 012.
2VINOD PILLAI,
AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER,
THE DEPUTY SUPERINTENDENT OF POLICE,
THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 524
ADDL.R3 THE SECRETARY
TRAVANCORE DEVASWOM BOARD,THIRUVANANTHAPURAM
IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.3 AS
PER ORDER DATED 03/09/2021 IN COC 1237/2021
SR. GOVERNMENT PLEADER SRI.V.TEK CHAND FOR R1 AND R2
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Cont. Case (C)No.1237 of 2021
JUDGMENT
Dated this the 11th day of October, 2021
S.Manikumar, C.J.
Instant contempt petition is filed to invoke the provisions of the Contempt of Courts Act, 1971 and for appropriate orders. Short facts leading to the filing of the contempt petition are as hereunder:
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Cont. Case (C)No.1237 of 2021
by the 2nd respondent appropriately, so as to ensure expeditious and time bound filing of the final report. The petitioner filed various applications under the Right to Information Act before the respondents seeking information as to the status of the investigation. Annexures B to J would prove that respondents 1 and 2 have not complied with the specific directions in Annexure-A judgment. The conduct of the respondents constitute disobedience to Annexure-A judgment of this court.
“Based on the information furnished by the Travancore Devaswom Board dated 28.07.2021, under the Right to Information Act, 2005, Mr. K. Abdul Jawad, learned counsel for the contempt petitioner, submitted that the person deputed by the Travancore Devaswom Board for verification of the accounts is not a qualified accountant. As per the information furnished, he has passed S.S.L.C. and Devaswom Department officers’ test.
Cont. Case (C)No.1237 of 2021
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affidavit filed by the alleged contemnor, is extracted:
“7. It is submitted that the officer deputed had verified the cash vouchers of Kandamangalam Temple Committee for the period from April 2017 to July 2019, Cash receipts from April 2018 to July 2019 and Cash book from April 2017 to December 2017 and from April 2018 to July 2019. The cash receipts from April 2017 to March 2018 and cash book from January 2018 to March 2018 is to be verified to reach a final conclusion, as to the factum as to whether the offence alleged has been committed or not.”
“No.1402/2021/SSD. Office of the Deputy Supdt., of Police Cherthala, Dtd. 16.04.2021 Phone:04782821205 e-mail: [email protected]
From,
Deputy Supdt. of Police, Cherthala.
To,
The Assistant Devaswam Commissioner, Travancore Devaswam Board, Vakom Group.
Sir,
Sub:-Request to depute Sri. Vijayakumar to verify the account details of Kandamangalam temple committee as part of investigation of Cr.625/2019 of Pattanakkad Police Stationreg.
Cont. Case (C)No.1237 of 2021
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Ref:- 1. Order of Hon'ble High Court of Kerala vide Judgment in WP (C).28678/2019 Dated.07.10.2020.
I am the investigation officer of Cr.625/2019 of Pattanakkad Police Station.
Sri. Vijayakumar, Sub Group Officer, Travancore Devaswam Board, Udayanapuram Sub Group working under you was deputed to verify the accounts of Kandamangalam temple committee as per letter referred (3) as per letter from this office referred (2), incompliance to the order of Hon'ble High Court of Kerala referred 1st above. Sri.Vijayakumar started verification of the accounts and records in question from 06.11.2020.
But Sri. Vijayakumar is not attending for verification of the records from 17.02.2021.
As the above case is under the direct consideration of Hon'ble High Court of Kerala, the investigation procedure is to be completed in a time bound manner. Even after 21 months I still have not been able to complete the investigation due to the non completion of the verification of the accounts and transactions of Kandamangalam Temple by Sri. Vijayakumar.
Hence you are directed to instruct said Vijayakumar to report my office and complete the verifications process at the earliest with out further delay.
Yours faithfully, S/d Deputy Supdt of Police, Cherthala.”
Cont. Case (C)No.1237 of 2021
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conferred under Article 226 of the Constitution of India, we suo motu implead the Secretary, Travancore Devaswom Board, Thiruvananthapuram, as additional respondent No.3 in the contempt petition.
In the meanwhile, Registry is directed to send notice to the impleaded respondent.”
of accounts of Kandamangalam Temple Committee, in terms of the directions issued by this court.
“4. It is submitted that the Dy.S.P., Cherthala forwarded the judgment along with the letter dated 17.10.2020 to the Devaswom Commissioner requesting to depute an Accountant. On receipt of the above request, the Devaswo Commissioner, Travancore Devaswom Board directed the Assistant Devaswom Commissioner, Vaikom to depute a competent officer for the purpose. Accordingly Sri.Vijayakumar, Sub Group Officer, Udayanapuram was deputed to verify the accounts of Kandamangalam Temple Committee. Sri. Vijayakumar regularly attended the Office of the Dy.S.P., Cherthala from 06.11.2020 to examine the accounts. In the meanwhile Sri.Vijayakumar got affected by COVID in the month of December 2020 and his father died due to Covid.
Cont. Case (C)No.1237 of 2021
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Therefore he could not attend the audit during this period. Thereafter he continued verification till 08.07.2021. In the meanwhile, Sri. Vijayakumar was transferred to Karunagappally during the general transfer. The Deputy Superintendent of Police vide letter dated 28.07.2021 informed that the verification was almost done and requested the Devaswom Commissioner to depute Sri. Vijayakumar or any other accountant to complete the same. The Devaswom Commissioner asked Sri.Vijayakumar to complete the verification and another officer, Rahul Radhakrishnan, who have the experience of handling the accounts of Sabarimala Devaswom also was deputed to complete the verification without further delay.
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Cont. Case (C)No.1237 of 2021
Commissioner has forwarded the report to the Devaswom Commissioner. The latter has sent the same to the Deputy Superintendent of Police, Cherthala vide letter dated 05.10.2021. Now when the accounts of Kandamangalam Temple Committee has been verified and report submitted to the Deputy Superintendent of Police, Cherthala, it is for him to assess as to whether the material evidence so far collected is sufficient to proceed further.
From the above it could be deduced that there is no willful and intentional violation of the judgment in W.A.No.1540 of 2020 dated 03.12.2020, warranting any action under the Contempt of Courts Act, 1971. Accordingly, the contempt petition is closed.
Pending interlocutory applications, if any, shall stand closed.
Sd/- S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
Cont. Case (C)No.1237 of 2021
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APPENDIX OF CON.CASE(C) 1237/2021
PETITIONER ANNEXURE
Annexure A |
CERTIFIED COPY OF THE JUDGMENT DATED3.12.2020 IN WA NO 1540/2020 ON THE FILESOF THIS HON'BLE COURT |
|---|---|
Annexure B |
TRUE COPY OF THE LETTER DATED 19.3.2021 OFTHE 2ND RESPONDENT ALONG WITH THE ENGLISHTRANSLATION |
Annexure C |
TRUE COPY OF THE APPLICATION OF THEPETITIONER DATED 29.3.2021 PREFERRED UNDERTHE RTI ACT ALONG WITH THE ENGLISHTRANSLATION |
Annexure D |
TRUE COPY OF THE LETTER DATED 26.4.2021 OFTHE 2ND RESPONDENT ALONG WITH THE ENGLISHTRANSLATION |
Annexure E |
TRUE COPY OF THE REPLY DATED 8.4.2021 FROMTHE POLICE HEAD QUARTERS ALONG WITH THEENGLISH TRANSLATION |
Annexure F |
TRUE COPY OF THE REPLY DATED 19.4.2021 FROMTHE POLICE HEADQUARTERS ALONG WITH THEENGLISH TRANSLATION |
Annexure G |
TRUE COPY OF THE LETTER DATED 18.5.2021FROM THE OFFICE OF THE 1ST RESPONDENT ALONGWITH THE ENGLISH TRANSLATION |
Annexure H |
TRUE COPY OF THE APPLICATION OF THEPETITIONER DATED 5.5.2021 ALONG WITH THEENGLISH TRANSLATION |
Annexure I |
TRUE COPY OF THE LETTER DATED 21.6.2021 OFTHE TDB ALONG WITH THE ENGLISH TRANSLATION |
Annexure J |
TRUE COPY OF THE LETTER DATED 26.6.2021 OFTHE PETITIONER ALONG WITH THE ENGLISHTRANSLATION |
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the delay in account verification by the Travancore Devaswom Board constitutes willful disobedience of the High Court directions warranting contempt proceedings.
N.V. Sanjeev
G.JayaDev
Vinod Pillai
Secretary, Travancore Devaswom Board
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court