Disposed

Chandrasenan v. the Devaswom Commissioner

Kerala HC21 Aug 2023DBP/60/2023

Case brief

AI extract

What is this about?

The Court disposed of a Devaswom Board Petition alleging corruption and irregularities in the erection of a flag mast at a Sasthamcotta temple. Ruling that related writ petitions were already disposed of and that new allegations were baseless due to lack of appearance, the Court found no further action necessary.

What did the court decide?

The petition was disposed of with no further action required.

Chandrasenan Vs the Devaswom Commissioner — Property and Title | Kerala HC (2023)

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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 MONDAY, THE 21^ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945

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DBP NO. 60 OF 2023

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.

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TRAVANCORE DEVASWOM BOARD - REPORT NO 14/2023 IN COMPLAINT NO.163/2022 - ALLEGED CORRUPTION AND FINANCIAL IRREGULARITIES IN SASTHAMCOTTA SREE DHARMASASTHA TEMPLE

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PETITIONER/S:

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CHANDRASENAN

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VIDYABHAVAN, PANAPPETTY, PORUVAZHY P.O., SASTHAMCOTTA, KOLLAM - 690 520.

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BY ADV Suomotu

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RESPONDENT/S:

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1 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA, PIN- 695 003.

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2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003.*

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3 THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003.*

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D.B.P.No.60 of 2023

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4 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.*

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*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 2 TO 4 VIDE ORDER DATED 14/07/2023 IN DBP.NO.60/2023

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R1 TO R3 BY SRI G.BIJU- STANDING COUNSELTRAVANCORE DEVASWOM BOARD

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R4 BY SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI P.RAMACHANDRAN- AMICUS CURIAE

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

D.B.P.No.60 of 2023

O R D E R

P.G. Ajithkumar, J.

This D.B.P. was instituted based on report No.14 of 2022 of the learned Ombudsman for the Travancore Devaswom Board. When this matter came up for consideration on 14.07.2023, the learned Standing Counsel for the Travancore Devaswom Board brought to our notice that W.P.(C) Nos.14682 of 2023, 1190 of 2023, 18395 of 2021 and 13238 of 2021, which are related to the same issue, were disposed of by the judgment dated 22.06.2023. On that day, additional respondents 2 to 4 were impleaded.

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Complaint No.163 of 2022 was submitted before the learned Ombudsman and after necessary enquiry on that complaint report No.14 of 2023 was submitted. On 14.07.2023, notice was directed to be served on the complainant. Although notice was duly served, the complainant did not choose to appear before this Court.

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Heard the learned Standing Counsel for the Travancore Devaswom Board, the learned Senior Government

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D.B.P.No.60 of 2023

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Pleader and the learned Amicus Curiae for the learned Ombudsman.

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Complaint No.163 of 2022 submitted before the learned Ombudsman contains two prolonged allegations. One is regarding irregularities and illegalities in erection of a golden flag mast in Sasthamcotta Sree Dharmasastha Temple. The second is that illegal collection of funds is being done for the purpose of erection of a new flag mast in the Temple. The learned Ombudsman called for a report from the Travancore Devaswom Board with respect to the allegations levelled in regard to the erection of golden flag mast. The Secretary of the Travancore Devaswom Board submitted statement dated 15.07.2023, which is marked as Annexure O5, before the learned Ombudsman. The details of the investigation held by the Vigilance and Anti-Corruption bureau upon the complaint received in regard to illegalities in erection of golden flag mast in the Temple, the steps taken by the Devaswom Board for removal of the damaged flag mast and also the steps taken for erection of a new one were stated in that statement. After

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D.B.P.No.60 of 2023

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considering the averments in the statement and also other materials, including the submissions by the Liaison Officer on behalf of the Travancore Devaswom Board filed this report observing that in the light of the pendency of W.P.(C) Nos.18395 of 2021, 13238 of 2021 and 1190 of 2023 before this Court, this matter also is to be considered along with the said Writ Petitions.

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W.P.(C) Nos.18395 of 2021, 13238 of 2021 and 1190 of 2023 and 14682 of 2023 were disposed of by this Court by a common judgment dated 22.06.2023. Those Writ Petitions were essentially for taking actions on the allegations with respect to the erection of golden flag mast in Sasthamcotta Sree Dharmasastha Temple and also to direct the Travancore Devaswom Board to erect a new golden flag mast in the Temple. In relation to the allegations of malpractice and irregularities in erection of golden flag mast an investigation was conducted by the Vigilance and AntiCorruption Bureau. The investigation culminated in filing a final report before the Enqiry Commissioner and Special

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D.B.P.No.60 of 2023

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Judge, Thiruvananthapuram ruling out irregularities amounting to offence. In the judgment dated 22.06.2023 it was observed that the Enquiry Commissioner and Special Judge ought to reach a logical conclusion on the report. As a matter of fact, the learned Enquiry Commissioner and Special Judge already took a decision on the report by accepting it. Since such a decision was taken by the Enquiry Commissioenrand Special Judge on the judicial side, no further steps regarding that aspect can be taken in this D.B.P.

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As regards erection of a new golden flag mast in the Sasthamcotta Sree Dharmasastha Temple, the Travancore Devaswom Board placed before this Court its decision to erect a new one covered with copper instead of gold. It was submitted that erection of a new golden flag mast immediately was not feasible and therefore the proposal by the Temple Advisory Committee that a flag mast covered with copper would be installed by the said Committee at their expense was found feasible by the Board. This Court in the judgment dated 22.06.2023 accorded permission to the

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D.B.P.No.60 of 2023

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Travancore Devaswom Board to erect a copper covered flag mast in the Temple. Accordingly, the Devaswom Board was directed to take expeditious steps for installation of flag mast covered with copper in the Temple.

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In relation to the allegation that the committee constituted for erection of new flag mast in the Temple is making illegal collections, the Devaswom Board would submit that there did not occur any such instance. The Temple Advisory Committee on their own is erecting the new flag mast. Oil and other materials for the purpose are being contributed by the devotees and there is no cash transaction in that matter. It is further submitted that sufficient vigil is taken by the Assistant Commissioner, Karunagappally in that matter. Thus the Devaswom Board took the stand that the allegations levelled in the complaint that there are illegal collections and irregularities in the process of erection of a new flag mast in the Temple are baseless. The complainant inspite of receipt of notice issued from this Court did not

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D.B.P.No.60 of 2023

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choose to appear. In such circumstances, the allegations in the complaint stand unsupported by any material.

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In the above circumstances, we are of the view that no further action is required in this D.B.P., particularly in

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the light of the judgment dated 22.06.2023 in W.P.(C) Nos.18395 of 2021, 13238 of 2021 and 1190 of 2023 and 14682 of 2023. This DBP is disposed of accordingly.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Chandrasenan v. the Devaswom Commissioner

Case brief

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Chandrasenan v. the Devaswom Commissioner

Case brief

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