Disposed

Suo Motu v. State of Kerala

Kerala HC10 Feb 2023SSCR/5/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a suo motu proceeding regarding the counting of offerings at Sabarimala. Noting that currency note counting was complete and coin counting was suspended due to employee illness but resumed, the Court found no fault with the Board's decision. It ordered the Special Commissioner to submit a detailed report on counting issues with suggestions within one month.

What did the court decide?

Direction to Special Commissioner to submit detailed report on counting issues with suggestions within one month.

Suo Motu Vs State of Kerala — Constitutional and Fundamental Rights | 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

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FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

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SSCR NO. 5 OF 2023

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SABARIMALA SREE DHARMA SASTHA TEMPLE – REPORT SUBMITTED BY
THE SPECIAL COMMISSIONER, SABARIMALA AS DIRECTED BY THIS
COURT REGARDING THE COUNTING OF CURRENCY NOTES AND COINS AT
BHANDARAM OF SABARIMALA SANNIDHANAM – SUO MOTU PROCEEDINGS

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INITIATED REG.

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PETITIONER/S:

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SUO MOTU

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SABARIMALA SREE DHARMA SASTHA TEMPLE - SM REPORT
NO. 5/2023- REPORT SUBMITTED BY THE SPECIAL
COMMISSIONER, SABARIMALA AS DIRECTED BY THE
HON'BLE HIGH COURT OF KERALA REGARDING THE
COUNTING OF CURRENCY NOTES AND COINS AT BHANDARAM
OF SABARIMALA SANNIDHANAM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM 695003

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SSCR NO. 5 OF 2023

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3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM 695 005

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4 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM 695003

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5 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE - VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, TTHIRUVANANTHAPURAM 695003

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BY ADV Biju

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OTHER PRESENT:

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI N.RAGHURAJ- AMICUS CURIAE , SRI
G.BIJU - STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

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THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING

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COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

SSCR NO. 5 OF 2023

ORDER

Anil K. Narendran, J.

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By the order in SSCR No.23 of 2022 and DBP No.70 of 2022, we have directed the Special Commissioner, Sabarimala to file a report regarding counting of Kanikka in Sabarimala Sannidhanam. In this report filed by the Special Commissioner, it is stated that during the current festival season, huge quantity of currency notes and coins are offered as Kanikka by devotees at various offering boxes at Sabarimala Sannidhanam. Though counting of currency notes, and packets containing offerings is going on at the new Bhandaram and the old Bhandaram, it is anticipated that the counting of coins which are put in three large heaps in the new Bhandaram and will not be over even after the temple closes after Makaravilaku festival on 20.01.2023. Due to lack of space, counting of coins are carried out in a portion of the Annadhana Mandapam also. Apart from that there are reports in newspapers that due to non-counting of currency in offering packets, the currency notes in the same became soiled and unusable.

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On 18.01.2023 when this report came up for

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consideration this Court directed the Vigilance Wing of the

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SSCR NO. 5 OF 2023

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Travancore Devaswom Board to submit a report on the lapses, if any, in the counting of offering packets and currency notes at Sabarimala Sannidhanam. The Special Commissioner, Sabarimala was directed to conduct an inspection and submit a report before this Court as to the present stage of counting of offering packets, currency notes, etc. at Sabarimala Sannidhanam.

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On 19.01.2023 when this report came up for consideration, in terms of the directions contained in the order dated 18.01.2023, the Chief Vigilance and Security Officer has forwarded a report dated 18.01.2023 to the learned Standing Counsel for Travancore Devaswom Board, a copy of which was made available for the perusal of this Court. As per the said report, 479 persons have been deployed for counting ‘kanikka’ and it is expected that the entire process could be completed by 25.01.2023.

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On 24.01.2023, when this report came up for consideration at 10:15 a.m., it was submitted by the learned Standing Counsel for Travancore Devaswom Board that a decision has already been taken by the Board on 23.01.2023 to suspend the counting of coins till 05.02.2023, since out of 770 employees deployed for counting coins 200 employees are

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SSCR NO. 5 OF 2023

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suffering from fever and other ailments and also chickenpox. The learned Standing Counsel submitted that counting of currency notes has already been completed.

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When this matter was taken up again at 03:00 p.m. on 24.01.2023, the learned Standing Counsel has placed on record, a copy of the order dated 23.01.2023 of the Travancore Devaswom Board, suspending the counting of coins at Sabarimala Sannidhanam with effect from 25.01.2023 evening, which will be resumed on 05.02.2023. The said order reads thus:

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ിൽ “പ്രസ്തുത റിപ്പോർ്ᨾിന്ററ അടി്ᩝ ോന്ത ചുവറട വിവരി്കു്ര പ്രകോരം നടരടി സ്വീകരി്കു്ര തിനു തോ്ᨮ റെ ചുമതലറപടു്ത ി പ് ോർഡു്ത രവോയ വിവരം . അറിയി്കു്രു 1) നിലവിൽ കോണി്ക എ്ണു്ര തിന് നിപ്യോഗി്ᨴ ി്ᨾു്ള ജീവന്ക ോറര 25.01.2023 വവകുപ രം റിലീവ് റച്യു്ര തിനും, മ്ണ ല-മകരവിെ്ക് സ്മയ്ത് ഡയൂ്ᨾ ി്ക് ി ഇതുവറര പ്രോകോ്ത വപ്രയും ഇപ്പോൾ ഡയൂ്ᨾ വരിൽ കലോരീഠം റച്യു്ര തോൽപരയം ഉ്ള വറരയും വിദ്യോർ്ഥ ികപ്െയും നിപ്യോഗി്ᨴ് 05.02.2023 മുതൽ കോണി്ക എ്ണ ൽ രുനരോരംഭി്കു്ര തിന് ആവശ്യമോയ നടരടി സ്വീകരിപ ് തോണ്. 2) അപ ദ്ിവസ്ം മുതൽ സ ിധോന്ത് പ്രോലീസ് സ്ഹോയവും റമഡി്ക ൽ സ്ഹോയവും ലഭയമോ്കു്ര തിന് ്യ റപ്ᨾ വകുപ് പ്മധോവികൾ്ക് ക്ത് നൽപ്ക്ി തോണ്.

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SSCR NO. 5 OF 2023

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നിലവിൽ ഡയൂ്ᨾ ി റച്യു്ര ചീഫ് ഭ്ണ ോരം ഓഫീസ്ർ്ക് ഒപം മററോരു റഡരയൂ്ᨾ ി പ്ദ്വസ്വം ക്മ ീഷണററ കൂടി നിപ്യോഗിപ ് തോണ്.

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പ് ോർഡ് തീരുമോനം ഹു. വഹപ ോടതിറയ അറിയി്കു്ര തിന് നടരടി സ്വീകരിപ ് തോണ് .”

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On 24.01.2023, from the reports filed by the Special

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Commissioner, Sabarimala and also the Chief Vigilance and Security Officer, we noticed that counting of currency notes has already been completed at Sabarimala Sannidhanam. Now what remains is counting of coins. Considering the fact that out of 770 employees deployed for counting, 200 employees are suffering from fever and other ailments and also chickenpox, the Board has decided vide order dated 23.01.2023 to suspend counting of ‘Kanikka’ at Sabarimala Sannidhanam with effect from 25.01.2023 evening and to resume the same on 05.02.2023, based on the report dated 09.01.2023 of the Devaswom Commissioner. On a query made by this Court, the learned Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board would submit that Police personnel from Armed Forces Battalion are providing round the clock security to the Bhandaram at Sabarimala Sannidhanam where the coins are kept.

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SSCR NO. 5 OF 2023

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In the order dated 24.01.2023, we noticed that, considering the fact that the employees who are deployed for counting are continuing at Sannidhanam for nearly 60 days and since nearly 200 employees are suffering from fever and other ailments and also chickenpox, the Board has decided to suspend the counting of ‘Kanikka’ with effect from 25.01.2023 evening and to resume the same on 05.02.2023. Considering the facts and circumstances stated in the reports dated 19.01.2023 and 23.01.2023 of the Chief Vigilance and Security Officer, the Board cannot be found fault with in issuing the order dated 23.01.2023, suspending the counting of ‘Kanikka’ for the time being.

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Heard the learned Senior Government Pleader for the 1^st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

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The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a report dated 10.02.2023 of the Chief Vigilance and Security Officer, wherein it is stated that the counting of coins at Sabarimala Sannidhanam resumed on 05.02.2023 at 09:00 a.m., by deploying 538 temple employees, 43 students from Kshethra

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SSCR NO. 5 OF 2023

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Kalapeedom, Vaikom and 14 employees of Devaswom

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Establishment. Counting of coins has already been completed by 09:00 p.m., on 09.02.2023. The coins of various denominations

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for a total amount of Rs.4,55,10,050/-, has already been remitted in Dhanalakshmi Bank. After clearing the waste and other materials from the Bhandaram, Bhandaram will be closed today (10.02.2023).

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Since the counting of coins has already been completed by 9.00 p.m. on 09.02.2023, this SSCR is disposed of recording the said fact and by directing the learned Special Commissioner, Sabarimala to submit a detailed report on the issues relating to counting of Kanikka in the Bhandaram at Sabarimala Sannidhanam, which shall be placed on record within one month, with appropriate suggestions.

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With the above observations, this SSCR is disposed of.

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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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bkn/-

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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