Allowed

N.a.Kumaran v. Cochin Dewasom Board , Represented by Its Secretary

Kerala HC1 Feb 2023WP(C)/2315/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directives for a speedy re-audit of Temple accounts. The Court directed the Assistant Commissioner to complete the re-audit within two months and restrained former office bearers (Respondents 6-8) from interfering in the Committee until account allegations are resolved.

What did the court decide?

Directions to complete re-audit of accounts within two months and restrain Respondents 6 to 8 from involving in Temple Advisory Committee affairs until allegations against them are cleared.

N.a.Kumaran Vs Cochin Dewasom Board… — Pension and Retirement Benefits | 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 WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 W.P.(C) NO. 2315 OF 2023

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PETITIONER:

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N.A.KUMARAN

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AGED 75 YEARS, S/O LATE AYYAN, RESIDING AT NELLISSERI HOUSE, AYINE, THOMASPURAM, MARADU P.O , ERNAKULAM-682304.

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BY ADVS. R.SANJITH

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C.S.SINDHU KRISHNAH

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RESPONDENTS:

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1 COCHIN DEWASOM BOARD , REPRESENTED BY ITS SECRETARY DEWASOM HEAD QUARTERS, SWARAJ ROUND WEST, THRISSUR - 680 001.

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2 DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD COCHIN DEVASWOM BOARD, DEWASOM HEAD QUARTERS, SWARAJ ROUND WEST TRICHUR – 680001.

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3 DEVASWOM OFFICER, VYTILLA DEVASWOM OFFICE, COCHIN DEWASOM BOARD, VYTILLA DEVASWOM OFFICE VYTILLA JUNCTION , COCHIN DEVASWOM BOARD , ERNAKULAM – 682019.

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W.P.(C) No.2315 of 2023

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4 ASSISTANT COMMISSIONER (AUDIT), COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR–680 001.*

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5 ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THRIPUNITHURA GROUP, THRIPUNITHURA–682301.*

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6 PRASOBH V.N , MEMBER , ADVISORY COMMITTEE , THIRU AYINI SHIVA TEMPLE , MARADU, THEKEDATH AYINU, THOMASPURAM, MARADU P.O, ERNAKULAM682304.

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7 JAYESH K.K., MEMBER, ADVISORY COMMITTEE, THIRU AYINI SHIVA TEMPLE, MARADU, KIZHIPALLIYIL, JAYANTHI ROAD, MARADU-682301, PIN - 682301

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8 MANIKANDAN T.N., MEMBER, ADVISORY COMMITTEE, THIRU AYINI SHIVA TEMPLE, MARADU, THEKKEDATHU HOUSE, NEAR THIRU AYINI SHIVA TEMPLE, MARADU-682301.

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*ADDRESS OF RESPONDENTS 4 AND 5 IS SUO MOTU CORRECTED AS PER ORDER DATED 01.02.2023. BY ADVS. K.P. SUDHEER ADVOCATE ABHILASH K.N. SUNIL NAIR PALAKKAT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.2315 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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Thiru Ayini Shiva Temple, Maradu, Ernakulam is a temple under the administration of the 1^st respondent-Cochin Devaswom Board. There is a Temple Advisory Committee in the Temple constituted in terms of Section 76A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. On elapsing its term a new Temple Advisory Committee was elected in the meeting of the General Body held on 11.12.2022. After considering the report of the Assistant Commissioner with respect to the matters transpired in that General Body meeting, the 2^nd respondent issued Ext.P8 order on 05.01.2023 constituting the Temple Advisory Committee comprising 19 elected members and two ex-officio members. Respondent Nos.6 to 8 are also members of the Committee. They were the office bearers of the previous Temple Advisory Committee. Since certain irregularities in the audited accounts of the previous Temple Advisory Committee during the periods 2019-20, 2020-21 and 2021-22 were pointed out, a re-audit

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of the accounts by the Assistant Commissioner (Audit) was also ordered. The petitioner alleges that despite there having serious allegations, respondent Nos.6 to 8 have been retained in the Temple Advisory Committee, which is against the stipulations in Ext.P1 bye-law and they are taking part of the affairs of the Committee. Hence the petitioner filed this Writ Petition seeking the following reliefs,-

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“i) To issue a writ of mandamus and command the 4^th Respondent to complete re-audit of accounts for the years 2019-2022 of Thiru Ayini Shiva Temple, Maradu within a time frame to be fixed by this Court;

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ii) To issue a writ of mandamus and command the 2^nd Respondent to initiate appropriate proceedings against Respondents Nos. 6 to 8 based on the Re-audit report of the 4^th Respondent and recover the loss if any, caused to the Thiru Ayini Shiva Temple, Maradu from the personal assets of Respondents 6 to 8;

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iii) To issue a writ of mandamus and command the 1^st and 2^nd Respondents to initiate proceedings to debar Respondents 6 to 8 from further contesting to the advisory committee of Thiru Ayini Shiva Temple, Maradu based on the Re-audit report;

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iv) To issue a writ of mandamus and direct the 1^st respondent to consider and pass orders on Exts.P6

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and P7 representations preferred by the petitioner, after affording an opportunity of hearing to the petitioner within a time frame to be fixed by this Court.”

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The 1^st respondent filed a counter affidavit

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explaining the facts and circumstances leading to the election of the present Temple Advisory Committee. He explained that in terms of the directions of this Court in Ext.P2 judgment, General Body meeting was convened and election of the Temple Advisory Committee was held. In obedience to the direction in that judgment, a three-member committee was constituted for the audit of the accounts. However, one member of the said committee withdrew and he has filed W.P. (C) No.37689 of 2022 before this Court. That Writ Petition was dismissed on 23.11.2022. It was thereafter the petitioner, who was a member of the earlier Temple Advisory Committee, filed the present Writ Petition, which is without any basis. The steps taken for the re-audit and the actions proposed in respect of the allegations against respondent No.6 to 8 are explained in para 6 of the counter affidavit, which reads as

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follows:-

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“6. It cannot be disputed that the petitioner also participated in the general body convened on 11.12.2022. The petitioner is serial No. 16 in Exhibit P5 minutes (page No. 54). Exhibit P5 would further show that the members of the temple advisory committee were nominated on consensus. It is submitted that the Devaswom Assistant Commissioner, Thripunithura group submitted a report reference No. M4-3297/22 dated 12.12.2022 to the Devaswom Commissioner recommending a re-audit of the accounts by the audit wing of the Devaswom as agreed in Exhibit P5 general body. In this regard a true copy of report reference No. M4-3297/22 dated 12.12.2022 submitted by the Devaswom Assistant Commissioner, Thripunithura group to the Devaswom Commissioner is produced herewith and marked as Exhibit R1(e) . By that time, the term of the Devaswom Commissioner was over on 20.12.2022 and in terms of Ext.R1(e) report, the first respondent has taken a decision on 27.12.2022 for reauditing of the accounts. In this regard true copy of the official memorandum A5-7399/22 dated 31.12.2022 issued by the 1 st respondent is produced herewith and marked as Exhibit R1(f) . The Devaswom Assistant Commissioner, Thripunithura group on receipt of Ext.R1(f) official memorandum submitted report reference No.M4-3297/22 dated 03.01.2023 to the

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Devaswom Commissioner. In this regard a true copy of report reference No. M4-3297/22 dated 03.01.2023 issued by the Devaswom Assistant Commissioner, Thripunithura Group to the Devaswom Commissioner is produced herewith and marked as Exhibit R1(g) . In terms of Ext.R1(g) report, the 2 nd respondent issued order No. A5-7399/22 dated 05.01.2023. A true copy of order No. A5-7399/22 dated 05.01.2023 issued by the 2nd respondent is produced herewith and marked as Exhibit R1(h) . It is submitted that Exhibit P8 order was issued constituting a temple advisory committee which was nominated on consensus with a specific condition that respondents 6 to 8 are not entitled to become office bearers of the temple advisory committee and their inclusion in the temple advisory committee will be subject to the final outcome of the re-audit by the Assistant Commissioner (Audit). The 3 rd respondent Devaswom Officer has already directed the erstwhile committee to submit the entire documents for re-audit and the erstwhile committee has not submitted the entire documents for conducting re-audit. It is submitted that on receipt of the entire documents the re-audit can be done as expeditiously as possible. The main prayer in the writ petition is for fixing a time frame for the re-audit and to initiate appropriate proceedings against respondents 6 to 8 based on the re-audit report.”

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Respondent Nos.6 to 8 also filed a counter affidavit. They denied all the allegations levelled against them. They would contend that there was no irregularity in the statement of accounts, but the mistake in the audited account occurred solely due to the fault on the part of the Chartered Accountant. They have submitted all the records, but a few were omitted to be noticed in the audit report. Thus they claimed that the allegations levelled against them are totally incorrect. They further would contend that the petitioner with the help of his henchmen has been trying to lay a pathway along the property of the Temple, which these respondents objected to. On account of that enmity, the petitioner filed this Writ Petition.

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Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for Cochin Devaswom Board, and the learned counsel appearing for respondents No. 6 to 8.

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Sri.Hari Menon filed W.P.(C) No.25180 of 2022 essentially for issuing a direction to constitute Temple

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W.P.(C) No.2315 of 2023

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Advisory Committee in Thiru Ayini Shiva Temple by convening a proper General Body meeting and to subject the audited account of the outgoing Temple Advisory Committee to scrutiny. This Court as per Ext.P2 judgment disposed of the

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said Writ Petition with the following directions:-

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“7. In such circumstances, the 4^th respondent Devaswom Officer is directed to convene a General Body for considering the audit reports of the Temple Advisory Committee of Thiru Ayini Shiva Temple and also for electing new members to the Temple Advisory Committee, after complying with the statutory requirements.

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The notice for convening the General Body shall be published on the notice board at the Cochin Devaswom Board inside the Temple premises as well as on all ‘gopurams’. As provided in Ext.P1 by-law, the membership in the Temple Advisory Committee shall be confined to those who have the required qualifications as per Clause 3 of Ext.P1 by-laws, who are regular worshippers and had contributed considerably for the betterment of the Temple, who do not have any disqualification under the said clause. The audited accounts of the Temple Advisory Committee for the year 2019-20, 2020-21 and 202122 shall be placed before the General Body, for

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consideration. The entire exercise in this regard shall be commenced within a period of ten days from the date of receipt of certified copy of this judgment, which shall be completed as expeditiously as possible, within a period of 45 days, after complying with the statutory requirements, in order to ensure that the newly elected Temple Advisory Committee takes charge before the commencement of the next annual festival.

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Since the audited accounts for the year 2019-20, 2020-21 and 2021-22 are going to be placed before the General Body for its approval, the relief sought for in this writ petition seeking a writ of mandamus commanding the 2^nd respondent to constitute an enquiry team and conduct a probe with respect to the administration of the erstwhile committee chaired by the 5^th and 6^th respondents during the years of 201922, is left open.”

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In terms of the said directions, General Body meeting was convened. The audited accounts of the outgoing Temple Advisory Committee, to which respondent Nos. 6 to 8 were the office bearers, was presented before the General Body. Members of the General Body pointed out irregularities in the accounts and that resulted in constituting a threemember committee for scrutiny of the accounts. Sri.Hari

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Menon was one among the said three member committee. But

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he withdrew and did not cooperate with the committee for

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scrutiny of the statement of accounts. He then has filed W.P. (C) No.37689 of 2022 seeking the following reliefs:-

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“i. To issue Writ of Mandamus or any other appropriate writ or order or direction to call for all the record in pursuant to the general body meeting convened on 13/11/2022 by the 4 th respondent;

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ii. To issue a Writ of Mandamus or any other appropriate writ or order or direction to the 5 th and 6 th respondents to hand over the key of the Kshethra Upadeshaka Samithi office to the 4 th respondent until constituting a new temple committee;

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iii. To issue a Writ of Mandamus or any other appropriate writ or order or direction to the 4 th respondent to hand over the administration of the Kshethra Upadeshaka Samithi to the 4 th respondent until constituting a new temple committee;

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iv. To issue a Writ of Mandamus or any other appropriate writ or order or direction to the 4 th respondent to consider and pass orders on Exhibit P3 representation submitted by the petitioner and constitute a Kshethra Upadeshaka Samithi in the light of proposed members mentioned in the Exhibit P3.”

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W.P.(C) No.2315 of 2023

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That Writ Petition was dismissed as per the judgment dated 20.12.2022. Ext.R1(d) is the judgment holding that it was filed without any bona fides.

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In the General Body meeting convened on 11.12.2022, a new Temple Advisory Committee was elected. Respondent No.6 to 8 are also members of that Committee. The sub committee constituted for scrutiny of the audited accounts of the outgoing Temple Advisory Committee for the period 2019-20, 2020-21 and 2021-22 pointed out discrepancies in the accounts. The minutes of the meeting is Ext.P5. Ext.R1(e) is the report submitted by the 5^th respondent-Assistant Commissioner with respect to the matters concerning the said meeting to the 2^nd respondentCommissioner. The 1^st respondent-Board on considering Ext.R1(e) report decided to conduct a re-audit of the accounts of the Temple Advisory Committee. Assistant Commissioner (Audit), the 4^th respondent was appointed to hold the re-audit. Ext.R1(h) dated 05.01.2023 is the order issued by the 2^nd respondent in that regard.

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In Ext.P8 is the order issued by the 2nd respondent constituting the Temple Advisory Committee. It is specifically directed in Ext. P8 that respondent Nos.6 to 8 would not be entitled to become office bearers of the Committee. It has also been directed that membership of respondent Nos.6 to 8 in the Committee would be subject to the outcome of the reaudit being conducted by the 4th respondent.

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During the course of arguments, the learned counsel appearing for the petitioner would submit that the President of the present Temple Advisory Committee has resigned. It is alleged that due to the illegal interference by respondent Nos.6 to 8 in the affairs of the committee, the President had resigned. The said allegation is stoutly opposed by the learned counsel appearing for respondent Nos.6 to 8. The learned Standing Counsel for the Cochin Devaswom Board conceded that the President of the Committee has resigned. However, the said fact has no relevance as far as the dispute involved in this Writ Petition is concerned, and therefore we do not propose to consider that aspect.

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In the circumstances mentioned above, we are of the view that this Writ Petition can be disposed of by directing to expedite the process of re-audit and respondent Nos.6 to 8 not to involve in the matters of the Temple Advisory Committee for the time being. We add that the procedure for audit of the accounts of the Temple Advisory Committee is provided in clause 25 of Ext.P1 bye-law. The audit as well as its follow-up actions shall be by scrupulously following the said directions. Exts.P6 and P7 representations were submitted to ventilate the grievances raised in this Writ Petition. In the light of the directions being issued hereinafter, there is no need of any order concerning the said representations.

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Accordingly, this Writ Petition is disposed of, without making any observations about legal and factual contentions of both sides, with the following directions:

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i) the 4^th respondent shall complete re-audit of the accounts of the Temple Advisory Committee for the year 2019-20, 2020-21 and 2021-22 within a period of two months from the date of production of certified copy of the judgment; and

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ii) Respondent Nos.6 to 8 shall not involve in the affairs of the Temple Advisory Committee till the allegations against them with reference to the accounts of the Temple Advisory Committee are cleared.

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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

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W.P.(C) No.2315 of 2023

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APPENDIX OF WP(C) 2315/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE BYE-LAWS FOR CONSTITUTING TEMPLE ADVISORY COMMITTEE EXHIBIT P2 JUDGEMENT OF THE HIGH COURT OF KERALA DATED 12.10.2022 IN WRIT PETITION (CIVIL) NO. 25180/2022 EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING CONDUCTED ON 13.11.2022 EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING CONDUCTED ON 11.12.2022 EXHIBIT P4 TRUE COPY OF THE REPORT OF THE ENQUIRY TEAM DATED 08.12.2022 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 03.01.2023 PREFERRED BY THE PETITIONER TO RESPONDENT NO.1 EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED 26.12.2022 PREFERRED BY THE PETITIONER TO RESPONDENT NO.1 EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER BEARING NO.A5.7399/2022 DATED 05.01.2023 PASSED BY RESPONDENT NO.3 EXHIBIT P8(A) TYPED COPY OF EXHIBIT P8

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RESPONDENT EXHIBITS

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EXHIBIT R1 A TRUE COPY OF ORDER ON A5. 15319/2019 DATED 07.01.2020-KUS-466/20 ISSUED BY THE 1ST RESPONDENT.

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W.P.(C) No.2315 of 2023

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EXHIBIT R1 B TRUE COPY OF THE AFFIDAVIT DATED 5.12.2022 FILED BY THE 1ST RESPONDENT HEREIN IN WP(C) NO. 37689/2022.

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EXHIBIT R1 C TRUE COPY OF PETITION FILED FOR EXTENSION OF TIME DATED 7.12.2022 IN WP(C) 25180/2022 BY THE 3RD RESPONDENT HEREIN (DEVASWOM OFFICER, VYTTILA DEVASWOM).

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EXHIBIT R1 D TRUE COPY OF JUDGMENT DATED 20/12/2022 IN WP(C) NO. 37689/2022 PASSED BY THIS HONOURABLE COURT.

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EXHIBIT R1 E TRUE COPY OF REPORT REFERENCE NO. M43297/22 DATED 12.12.2022 SUBMITTED BY THE DEVASWOM ASSISTANT COMMISSIONER, THRIPUNITHURA GROUP TO THE DEVASWOM COMMISSIONER.

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EXHIBIT R1 F TRUE COPY OF THE OFFICIAL MEMORANDUM A5-7399/22 DATED 31.12.2022 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT R1 G TRUE COPY OF REPORT REFERENCE NO. M43297/22 DATED 3.1.2023 ISSUED BY THE DEVASWOM ASSISTANT COMMISSIONER, THRIPUNITHURA GROUP TO THE DEVASWOM COMMISSIONER.

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EXHIBIT R1 H TRUE COPY OF ORDER NO. A5-7399/22 DATED 05/01/2023 ISSUED BY THE 2ND RESPONDENT.

N.a.Kumaran v. Cochin Dewasom Board , Represented by Its Secretary

Case brief

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N.a.Kumaran v. Cochin Dewasom Board , Represented by Its Secretary

Case brief

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