Suo motu DBP over management issues at Cheranalloor Bhagavathy Temple. Based on an Ombudsman report, an internal audit and a Board vigilance order, the court directed the Cochin Devaswom Board to act on the audit and enquiry reports within three months, and citing an Apex Court precedent, directed it to file a DBA to protect temple land from encroachment.
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 G. GIRISH
TUESDAY, THE 5TH DAY OF MARCH 2024/15TH PHALGUNA, 1945
DBP NO.14 OF 2022
COCHIN DEVASWOM BOARD- CHERANALLOOR BHAGAVATHY TEMPLE,
CHERANALLOOR - SUO MOTU PROCEEDINGS INITIATED BASED ON A
COMPLAINT DATED NIL - REG.
PETITIONER:
SUO MOTU
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 *PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001,*(STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM – 695 001 – SUO MOTU CORRECTED
AS ABOVE VIDE ORDER DATED 05.06.02023 IN DBP NO.14
OF 2022)
3THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
4COCHIN DEVASWOM BOARD
SWARAJ ROUND, N.KURUPPAM,
THEKKINKADU MAIDAN, THRISSUR, KERALA - 680 001
REPRESENTED BY ITS SECRETARY
*ADDL R5ASSISTANT COMMISSIONER
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DBP No.14 of 2022
COCHIN DEVASWOM BOARD, THRIPUNITHURA – 682 301
*ADDL R6DEVASWOM OFFICER
CHITTOOR SREE KRISHNA SWAMY TEMPLE, CHITTOOR ROAD,
SOUTH CHITTOOR, ERNAKULAM -682 027
*ADDL R7 DEPUTY DIRECTOR LOCAL FUND AUDIT, COCHIN DEVASWOM BOARD UNIT, THRISSUR-680 001*ADDL R8#TEMPLE ADVISORY COMMITTEE, CHERANALLOOR
BHAGAVATHY TEMPLE, NH966A, CHERANALLOOR, ERNAKULAM
682 034.
#(THE TEMPLE ADVISORY COMMITTEE, CHITTOOR SREE
KRISHNA SWAMY TEMPLE, CHITTOOR ROAD, SOUTH
CHITTOOR, ERNAKULAM – 682 027 - SUOMOTU CORRECTED
VIDE ORDER DATED 05.07.2023 IN DBP.NO.14/2022)
*(ADDITIONAL RESPONDENTS 5 TO 8 ARE SUOMOTU
IMPLEADED AS PER ORDER DATED 05.06.2023 IN DBP
NO.14 OF 2022)
BY ADVS.
GOVERNMENT PLEADER
K.P.SUDHEER
CHANDRASEKHAR P
JENNY THANKAM(J-541)
C.RAMAN(K/1133/1995)
ANOOP KRISHNA(k/001468/2018)
ANAND SANKAR(K/000657/2018)
REGIMOL M.K.(K/213/2018)
SHRI.S.RAJMOHAN, SENIOR G.P.
OTHER PRESENT:
SRI S. RAJMOHAN - SR GOVERNMENT PLEADER;
SRI K.P.SUDHEER -STANDING COUNSEL - COCHIN
DEVASWOM BOARD ;
SRI P RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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DBP No.14 of 2022
JUDGMENT
Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated 13.05.2022, based on a complaint dated nil made by a devotee of Cheranalloor Bhagavathy Temple of C.K. Swamy Devaswom under the Thripunithura Group, which is under the management of the 4th respondent Cochin Devaswom Board. The allegations contained in the complaint pertain to various issues in the management of that temple.
Ombudsman for enquiry and report. Pursuant to that order, the learned Ombudsman conducted an enquiry and submitted a report dated 15.05.2023, which reads thus:
“Pursuant to the order dated 19th May, 2022, of the Honourable High Court, referring the matter to this Office for enquiry and report, notices were issued under date 30.5.2022 to the parties to the DBP and requiring them to file their objections, if any, to the complaint. The Devaswom Commissioner, in his reply dated 01.08.2022, informed that the Internal Audit Wing has been authorised to verify the accounts of the Temple Advisory Committee. However, in order to avoid delay in the matter, the Board authorised Smt. P.N. Sindhu, the Junior Superintendent in the Office of the Assistant Devaswom Commissioner,
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DBP No.14 of 2022
Thripunithura, for conducting a detailed audit of the accounts of the Samithi for 12 years. It is stated that as some of the basic documents were not found, the Secretary of the Samithi is stated to have been requested to provide the same and for completing the audit, two months’ time was sought for. Subsequently, by letter dated 28.10.2022 of the Secretary of the Cochin Devaswom Board, a copy of which is marked as Annexure O1, it was stated that the Samithi has not submitted the accounts as contemplated by the byelaw. It was in these circumstances, that an internal audit was ordered to be conducted and a preliminary audit report is stated to have been submitted, a copy of which is enclosed along with this letter. One month's time was also sought for completing the Audit and submitting the final report. Now, the final report is submitted along with a covering letter dated 12.12.2022. A copy of the report is enclosed herewith and marked as Annexure O2.
In the meantime, one Sasi K.K. submitted a petition to get himself impleaded, stating to be based on an order passed on a petition and claiming himself to be a necessary party and referred to WP(C)No.29526 of 2022. Time was granted to him for filing the copy of the order, referred to by him in the impleading petition. However, none appeared on his behalf and the order was also not produced. Further, in the present DBP referred by the Honourable High Court, he is not a party and he has not sought for filing a petition before the Honourable High Court to get himself impleaded. Since this is a pending matter referred to me by the Honourable High Court, it is for the Honourable High Court to decide as to whether he is a necessary party and he should have moved the Honourable High Court in that
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DBP No.14 of 2022
behalf, which however, he has not done. Copy of the proceedings passed on 14.02.2023 is marked as Annexure O3.
In view of the final internal audit report, further action is to be taken by the Cochin Devaswom Board based on the finding in the Audit report. Serious defects noticed are in the Audit report for the period from 2010 to 2020. Now the said report has to be considered by the Board and follow up action taken after hearing the parties.
Hence the Honourable High Court may be pleased to issue appropriate direction to the Cochin Devaswom Board to consider the Audit Report and to take further action after hearing the parties as per law.”
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DBP No.14 of 2022
issued by the Board ordering enquiry through the Chief Vigilance Officer regarding the missing of stock registers and minutes book of the 8th respondent Temple Advisory Committee of Cheranalloor Bhagavathy Temple.
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DBP No.14 of 2022
Devaswom Board to take necessary action regarding the audit of accounts of the 8th respondent Temple Advisory Committee, after considering Annexure R4(a) report of the Assistant Commissioner (Audit) and the enquiry report to be submitted by the Chief Vigilance Officer, pursuant to Annexure R4(b) order dated 27.12.2023. The entire proceedings in this regard shall be finalized by the Board, as expeditiously as possible, at any rate within a period of three months from the date of production of a certified copy of this order. The contentions raised in the counter affidavit filed by the additional 8th respondent are left open to be raised before the 4th respondent Board, at appropriate stage.
there are two temples under C.K. Swamy Devaswom (Chittoor Krishna Swamy Devaswom), i.e. Chittoor Sree Krishna Swamy Temple and Cheranalloor Bhagawathy Temple. In the complaint made by the devotees of Cheranalloor Bhagawathy Temple, which is the subject matter of this DBP certain allegations are raised regarding the steps taken for recovering the Devaswom land in occupation of third parties. By the order dated 14.07.2023, the 4th respondent Board was directed to file an affidavit with respect to the Devaswom land of Chittoor Sree Krishna Swamy Devaswom. However, the affidavits dated
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DBP No.14 of 2022
25.09.2023 and 12.02.2024 filed by the 4th respondent Board do not deal with that aspect.
Sd/- ANIL K. NARENDRAN, JUDGE
ded
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DBP No.14 of 2022
APPENDIX OF DBP 14/2022
RESPOND |
ENT EXHIB |
ITS |
|---|---|---|
Exhibit |
R8(a) |
TRUE COPY OF THE MINUTES OF THE GENERALBODY OF THE AFORESAID ADVISORY COMMITTEESIGNED BY THE ASSISTANT COMMISSIONER,KOCHI DEVASWOM BOARD THRIPPUNITHURA |
Exhibit |
R8(b) |
TRUE COPY OF THE PROCEEDINGS OF THEDEVASWOM COMMISSIONER THRISSUR,PROCEEDINGS NO. A5/6598/2021 DATED19.04.2023. |
Exhibit |
R8(c) |
TRUE COPY OF THE BYLAW OF THE TEMPLEADVISORY COMMITTEE FORMULATED BY THE KOCHIDEVASWOM BOARD |
Exhibit |
R8(d) |
TRUE COPY OF THE ORDER NO.R.7256/2020DATED 21-03-2022 OF THE SECRETARY OF THEKOCHI DEVASWOM BOARD |
Exhibit |
R8(e) |
TRUE COPY OF THE SKETCH OF THE KANNANKULAM |
Exhibit |
R8(f) |
TRUE COPY OF THE ORDER NO.R-12789/17 DATED25-01- 2018 OF THE COCHIN DEVASWOM BOARD |
Exhibit |
R8(g) |
TRUE COPY OF BOOK NO.71 |
Exhibit |
R8(h) |
TRUE COPY OF THE BOOK NO.72 |
Exhibit |
R8(i) |
TRUE COPY OF BOOK NO. 42 |
Exhibit |
R8(j) |
TRUE COPIES OF COUPON NOS. 7 TO 18RELATING TO DWAJAPRATHISHTA MONEYCOLLECTION |
Exhibit |
R8(k) |
TRUE COPY OF THE RELEVANT PAGE OF THEAUDIT ACCOUNTS OF SRI. KARTHIYAYINIBHAGAVATHY TEMPLE ADVISORY COMMITTEE |
Exhibit |
R8(l) |
TRUE COPY OF THE DUPLICATE OF RECEIPT NO.4439 |
Exhibit |
R8(m) |
TRUE COPY OF THE ORIGINAL OF RECEIPT NO4440 |
Exhibit |
R8(n) |
TRUE COPY OF THE DUPLICATE OF RECEIPT NO.4440 |
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DBP No.14 of 2022
Exhibit R8(o) |
TRUE COPY OF COUPON NO. 750 |
|---|---|
Exhibit R8(p) |
TRUE COPIES OF PAGE NOS. 3 AND 4 OF THEACCOUNT BOOK FOR THE YEAR 2014-2015 |
Exhibit R8(q) |
TRUE COPY OF THE PAGE NO.1 OF THE CASHBOOK |
Exhibit R8(r) |
TRUE COPY OF THE RELEVANT PAGE OF THEACCOUNT BOOK |
Exhibit R8(s) |
TRUE COPY OF THE RELEVANT PAGES OF THEAUDITED BOOKS OF ACCOUNT WHERE DETAILS OF10 PATTAS OF OIL ARE SHOWN |
Exhibit R8(t) |
TRUE COPIES OF BILL NO. 27523 DATED25.05.2015 BHEEMA JEWELLERY |
Exhibit R8(u) |
TRUE COPY OF PAGE NO. 28 OF THE CASH BOOK |
Exhibit R8(v) |
TRUE COPY OF RECEIPT NO. 1550 |
Exhibit R8(w) |
TRUE COPY OF RECEIPT NO.2024 ISSUED TOSRI. AJIL |
Exhibit R8(x) |
TRUE COPY OF THE RECEIPT ISSUED TO SRI.RADHAKRISHNAN KARUMALLOOR |
Exhibit R8(y) |
TRUE COPY OF PAGE 12 OF THE ACCOUNTS BOOKFOR THE YEAR 2017-2018 |
Exhibit R8(z) |
TRUE COPIES OF PAGE NO.1 TO 13 OF THE CASHBOOK FOR THE YEAR 2019-2020 |
ANNEXURE R4(a) |
TRUE COPY OF THE REPORT OF THE ASSISTANTCOMMISSIONER (AUDIT), CDB DATED 25/08/2023 |
ANNEXURE R 4(b) |
A TRUE COPY OF ORDER NO.A5.1001/16 DATED27.12.2023 ISSUED BY THE 4THRESPONDENT |
2 issues framed by the court
What follow-up action should the Cochin Devaswom Board take on the audit report and vigilance enquiry concerning the Temple Advisory Committee's accounts?
How should the Devaswom land of the temples under C.K. Swamy Devaswom be protected from encroachment?
Colour shows how this judgement treated each authority
A.A. Gopalakrishnan v. Cochin Devaswom BoardRelied on¶8
[(2007) 7 SCC 482] · Who else cites this
SUO MOTU
State of Kerala
Principal Secretary to Government, Revenue (Devaswom) Department
The Secretary to Government, Local Self Government Institutions Department
Cochin Devaswom Board
Temple Advisory Committee, Cheranalloor Bhagavathy Temple
Anil K. Narendran
G. Girish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court