Remanded

Suo Motu v. State of Kerala

Kerala HC23 Aug 2022DBP/38/2022

Case brief

AI extract

What is this about?

In this suo motu proceeding, the Court addressed complaints regarding irregularities in Vazhipadu sales at a temple. Finding the allegations complex, the Court directed a detailed enquiry by the Ombudsman for Travancore and Cochin Devaswom Boards and remitted the matter for further proceedings on the report.

What did the court decide?

Complaints referred to the Ombudsman for Travancore and Cochin Devaswom Boards for detailed enquiry with power of inspection; report to be placed before the Bench for orders.

Suo Motu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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DBP NO.38 OF 2022

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – MATTER PERTAIN-
ING TO VAZHIPADU IN VALLIYAMKAVU DEVI TEMPLE – SUO MOTU PRO-
CEEDINGS INITIATED BASED ON A COMPLAINT DATED 14.07.2022 AND
TWO COMPLAINTS DATED NIL- REG.

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PETITIONER:

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SUO MOTU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM - 695001

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2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN 695003

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3 THE DEVASWOM COMMISSIONER NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695003

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4 THE DEPUTY DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM BUILDING, KUMBAZHA ROAD, PATHANAMTHITTA 689645

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5 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, MUNDAKKAYAM GROUP, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT 686513

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6 THE ADMINISTRATIVE OFFICER VALLIYAMKAVU DEVI TEMPLE, PALOORKAVU P.O.,

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DBP No.38 of 2022

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PEERUMEDU TAUK, PERUVANTHANAM VILLAGE, IDUKKI, PIN-685532

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BY ADV
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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SMT DEVISHRI R.- GOVT PLEADER

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMIS-
SION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

DBP No.38 of 2022

O R D E R

Anil K. Narendran, J.

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This DBP is registered suo motu , vide proceedings dated 29.07.2022, based on various complaints received regarding sale of Vazhipadu items in Valliyamkavu Devi Temple under Mundakkayam Group of the Travancore Devaswom Board. The three complaints received from the devotees of Valliyamkavu Devi, alleging irregularities in the sale of Vazhipadu items in Valliyamkavu Devi Temple are ordered to be enclosed along with the DBP.

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On 02.08.2022, when this DBP came up for consideration, the learned Senior Government Pleader entered appearance for the 1^st respondent and the learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 2 to 6. The 6^th respondent Administrative Officer was directed to file an affidavit explaining the facts and circumstances.

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The 6^th respondent Administrative Officer has filed an affidavit dated 08.08.2022. Paragraphs 3 to 14 of that affidavit read thus:

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“3. It is respectfully submitted that pursuant to the orders issued by this Hon'ble Court, the unauthorized traders who were conducting sale of pooja articles in different stalls situated on the side of the way to the temple are removed with the assistance of the Police and Grama Panchayat authorities. A temporary pooja stall is erected in the

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DBP No.38 of 2022

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Devaswom property on the northern side of the steps to the temple and all the pooja articles required for the vazhipadu's authorized by the Board as per its proposal for the temple are available in the stall. The Vazhipadu's of the temple and its rate are exhibited in the temple premises as well as on the way to the temple near the culvert in big boards. 4. It is submitted that the Board has issued circulars prohibiting the exhibition of name of Travancore Devaswom Board or the Deity and the phone number of the vendors in the pooja stalls and to ensure police clearance certificate to the staff employed in pooja stalls in temple premises. When unauthorized hoardings are seen on the way to the temple, those are reported to the panchayat as well as the police for its removal. The flooring/laying tiles in the permanent pooja stall could not be completed due to the heavy rain continuing in the area for more than one week and the same will be completed within two days on subsiding the rain. 5. It is respectfully submitted that the allegations contained in the complaint are not true to facts. The rate fixed by the Board for the vazhipadu, 'Avahanam' in Valliyamkavu Devaswom is Rs.100/-. The receipt is issued for the entire amount collected from the devotees. The materials used for this vazhipadu are paddy, rice, flowers, leaf, sandal paste (Chandanam), Vibhoothi (Bhasmam) etc. The supplier cost for the above vazhipadu after deducting SCSR (Supplier Cost Savings Return) is Rs.6.50/-. The devotees will not bring any material for the above vazhipadu.

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6. It is submitted that for the vazhipadu, 'Vellam kudi', the rate of the vazhipadu is Rs.150/-. The special ticket prescribed by the Board is issued for this vazhipadu. The Nivedyam and Manjal Prasadam are given to the devotees as Prasadam for this vazhipadu. The Nivedyam for this

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DBP No.38 of 2022

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vazhipadu is prepared using 'Aval', 'Malar', 'Kalkandam', grapes, jaggery, kadalipazham', ghee, fruits etc. Apart from this, Oil, candle wick (thiri), Agarbathi, Camphor, etc. are required for conducting this vazhipadu. All the materials required for the vazhipadu are purchased by the Administrative Officer. The supplier cost after deducting SCSR is Rs.31.85/- for this vazhipadu.

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7. The most popular and illustrious vazhipadu of the temple is 'Valiya Guruthi'. This vazhipadu is restricted to one per day and will be done only on prior booking. The booking for this is complete upto July 2024. The rate for this vazhipadu is Rs.7,125/-. The supplier cost allowed is Rs.4,175/-. Receipt will be issued for the entire amount collected. The materials required for the vazhipadu, the decorations, 'Pantham', flowers, oil, etc. as per the proposal are purchased by the Administrative Officer. The devotee who offered the vazhipadu will be given 2½ liter payasam, kadum payasam, Thrimadhuram, a portion of the Ninam which was offered to the deity are given as Prasadam.

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8. For 'Nada guruthi', the vazhipadu rate is Rs.150/-. Receipt is issued for the full amount collected from the devotee. The materials required for the vazhipadu as per the proposal are purchased by the Administrative Officer. The supplier cost sanctioned for this vazhipadu after deduction of SCSR is Rs.32/-. The devotee will get 1/4 liter Kadum Payasam and a portion of Ninam as Prasadam.

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9. For 'Chem guruthi', the vazhipadu rate is Rs.350/- and receipt is issued for the entire amount collected from the devotee. All the materials required for the vazhipadu as per the proposal are supplied by the Administrative Officer. The supplier cost sanctioned after deducting SCSR is Rs.143/-. The devotee who offered the vazhipadu will get 1/4 liter

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DBP No.38 of 2022

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Kadum Payasam, Thrimadhuram and a portion of the 'Ninam' as Prasadam.

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For 'Karim guruthi, the vazhipadu rate fixed by the Board is Rs.145/-. All the materials required for the vazhipadu as per the proposal are supplied by the Administrative Officer. The supplier cost after deducting SCSR is Rs.42.25/-. The devotee will get 1/4 liter Kadum Payasam and a portion of Ninam as Prasadam.

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It is respectfully submitted that the receipt for the vazhipadu are issued from the vazhipadu counter located in the entrance of the temple. Now a Board is also exhibited stating that the vazhipadu rate is inclusive of the cost of the materials and the devotees are not required to bring any materials for the vazhipadu in the temple. The pooja items such as oil, candle wick, Agarbathi, Camphor, flower garlands. Thattam', etc. are available in the pooja stall and the devotees used to place the above in front of the deities in the 'Nada'. The main deities of the temple are Sree Bhadra Devi & Sree Durga Devi. The Sub deities Ganapathy and Bhuvaneswari are installed inside the Ela mathil. Cheruvalli Bhadrakali, Nagaraja, Naga yakshi, Rakshas, Kala Yakshi Amma Karimkuttian and Malamoorthy are outside the Ela mathil. Guruthi Kalam is situated on the side of Karim kuttiyan. Three Kal Vilakku are there near to the Guruthi Kalam.

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12. It is respectfully submitted that, in view of the present arrangements, there is no chance/opportunity for anybody to cheat the devotees. Moreover, no complaint is received in Devaswom office from any devotee or to any other higher officials regarding the allegations made in the complaint. The desperate unauthorized traders who were evicted from the Velliyamkavu Devaswom premises are behind the present

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DBP No.38 of 2022

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complaints. It can be seen from the nature and content of the complaints that they came from the same source. 13. As regards the complaints against the Keezhsanthi of the temple, on getting notice of this case, show cause notice is issued to him and he gave explanation stating that daily nivedyams and kadum Payasam are prepared every day and after offering the same to the deity prasadam is being given to the devotees. No complaint is received in this regard in the Devaswom Office or to the Devaswom authorities. This respondent is not aware of any cheating or deceit methods being practiced by the Keezhsanti as alleged in the complaint. 14. It is submitted that due to the heavy rain continuing in the Valliyamkavu area for the past more than one week, devotees coming to the temple are less in number. Now all arrangements are made to have peaceful darshan to the devotees without any disturbance or deceitful interferences from the unauthorized traders. Limited facilities for parking and toilets are available in the Devaswom land.”

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Heard the learned Standing Counsel for Travancore

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Devaswom Board and also the learned Government Pleader for the 1^st respondent.

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In the complaints filed by the devotees of Valliyamkavu

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Devi, it is alleged that there are serious irregularities in the sale of Vazhipadu items in Valliyamkavu Devi Temple, which is under the management of the Travancore Devaswom Board. The sale of pooja

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items in unauthorised stalls in front of Valliyamkavu Devi Temple is the subject matter in W.P.(C)No.19896 of 2021 and DBP.No.32 and

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DBP No.38 of 2022

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connected matters. Pursuant to the directions issued by this Court, the Travancore Devaswom Board has opened a stall near the culvert leading to Valliyamkavu Devi Temple for the sale of Vazhipadu items. As per the affidavit filed by the 6^th respondent Administrative Officer, all pooja items required for Vazhipadu in Valliyamkavu Devi Temple are available in the Devaswom pooja stall and the rate of each item is exhibited in the temple premises and also near the culvert leading to the temple, in the boards erected by the 6^th respondent.

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In paragraphs 6 to 13 of the affidavit, the 6^th respondent Administrative Officer has pointed out that there is absolutely no irregularity in the sale of Vazhipadu items in Valliyamkavu Devi Temple and proper receipts are being issued to the devotees after collecting the requisite amount. From the affidavit, it is seen that, the 6^th respondent is collecting certain amounts towards supplier cost in respect of Vazhipadu items. According to the 6^th respondent, the Board has already sanctioned collection of supplier cost in respect of such Vazhipadu items.

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Having considered the averments in the three

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complaints, which form part of this DBP and also that contained in the affidavit filed by the 6^th respondent, we find that a detailed enquiry by the learned Ombudsman for Travancore and Cochin

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DBP No.38 of 2022

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Devaswom Boards is required on the irregularities alleged in the said complaints.

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In such circumstances, this DBP is disposed of by referring the complaints, which form part of this DBP, to the learned Ombudsman for Travancore and Cochin Devaswom Boards for a detailed enquiry with notice to respondents 4 to 6 and also to the Temple Advisory Committee of Valliyamkavu Devi Temple. It would be open to the learned Ombudsman to conduct an inspection at Valliyamkavu Devi Temple, if found necessary, during the course of enquiry. After the culmination of the enquiry, the report of the learned Ombudsman

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shall be placed before the Devaswom Bench for appropriate orders.

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Sd/- ANIL K. NARENDRAN

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JUDGE

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Sd/- P.G. AJITHKUMAR JUDGE

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Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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