A Devaswom Board petition filed by the Cochin Devaswom Karmik Sangham seeking directions regarding temple duties and employee benefits. The court closed the petition without adjudicating on the merits as the complainants failed to appear.
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 MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
DBP NO.23 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS
INITIATED - REG.
------------
PETITIONERS:
1 COCHIN DEVASWOM KARMIK SANGHAM
REP. BY ITS JOINT SECRETARY, BABURAJ K.,
S/O.GOVINDA WARRIER, HAVING ITS REG. OFFICE AT
TENGDY BHAVAN, SHORNUR ROAD, PATTURAIKKAL,
THRISSUR - 680 022.
2 BABURAJ K
KAZHAKAM, KAVIL WARRIEM, RAMAVARMAPURAM P.O.,
THRISSUR - 680 631.
RESPONDENTS:
1 COCHIN DEVASWOM BOARD REPRESENTED B ITS SECRETARY, ROUND NORTH, THRISSUR - 680 001.
2 ADDL R2: THE DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, COCHIN DEVASWOM AUDIT, ROUND NORTH, THRISSUR - 680 001 *IS SUO MOTU IMPLEADED AS ADDITIONAL 2ND RESPONDENT VIDE ORDER2
DBP No.23 of 2022
DATED 21/06/2022 IN DBP 23/2022
BY ADV.
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
SRI P.RAMACHANDRAN - AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
3
DBP No.23 of 2022
O R D E R
Anil K.Narendran, J.
This DBP is registered based on CDB Report No.8 of 2022 in Complaint No.163 of 2020 of the learned Ombudsman. The said complaint is one filed by Cochin Devaswom Karmik Sangham, represented by its Joint Secretary, seeking the following reliefs;
“i. To issue a direction to the respondent Devaswom to not to force the employees to attend the temple duties if they fall under the area of containment zone or any such other pandemic areas or if the temple is in a containment zone or such other pandemic area;
ii. To issue a direction to the respondent Devaswom to provide those benefits to the temple contingent employees alike the benefits availed by the contingent employees under the Government Service.”
4
DBP No.23 of 2022
Government service to the contingent employee in the Devaswom Board is a matter on which a decision has to be taken by the Board, which cannot be adjudicated by me, as it is outside the purview.
consideration, this Court issued notice to the complainant returnable within four weeks. The Deputy Director, Kerala State Audit Department, Cochin Devaswom Audit was suo motu impleaded as the additional 2nd respondent and the learned Senior Government Pleader entered appearance for the said respondent.
5
DBP No.23 of 2022
Senior Government Pleader for the 2nd respondent Deputy Director. Despite service of notice, none appears for the complainants.
the contingent employees in the temples under the management of the Travancore Devaswom Board, as sought for in relief No.(ii)
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
PV
Cochin Devaswom Karmik Sangham
Cochin Devaswom Board
Deputy Director Kerala State Audit Department
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court