Disposed

Jayasree Warrier @Jayasree Kumar v. State of Kerala

Kerala HC6 Mar 2024DBP/18/2024

Case brief

AI extract

What is this about?

In this suo moto petition, the Court held that the Travancore Devaswom Board failed in its statutory duty to provide basic amenities. It directed the Board to expediently decide on proposals for constructing toilets, cloak rooms, and drainage systems within two months.

What did the court decide?

Directed the Travancore Devaswom Board to take a decision on construction proposals for toilets, cloak room, and drainage within two months.

Jayasree Warrier @Jayasree Kumar Vs State of… — Public Procurement and Tenders | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

¶4

¶5

THE HONOURABLE MR. JUSTICE G. GIRISH

¶6

WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
DBP NO. 18OF 2024

¶7

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – PUTHIYA

¶8

THRIKKOVIL SREE MAHAVISHNU TEMPLE, THIRUNAKKARA – SUO MOTU
PROCEEDINGS INITIATED ON THE BASIS OF A COMPLAINT DATED

¶9

13.12.2023 MADE BY ONE JAYASREE WARRIER @ JAYASREE KUMAR –

¶10

REG.

¶11

PETITIONER:

¶12

JAYASREE WARRIER @JAYASREE KUMAR

¶13

S.K. VILAS, THIRUNAKKARA P.O., KOTTAYAM

¶14

RESPONDENTS:

¶15

1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
(DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.

¶16

2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM- 695 003

¶17

3 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, PIN-695 003

¶18

4 ADMINISTRATIVE OFFICER, THIRUNAKKARA DEVASWOM, TRAVANCORE DEVASWOM BOARD, THIRUNAKKARA P.O, KOTTAYAM-686001

¶19

R1 BY SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;
R2 TO R4 BY SRI G.BIJU - STANDING COUNSEL - TRAVANCORE

DBP No.18 of 2024

DEVASWOM BOARD

THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

DBP No.18 of 2024

ORDER

Anil K. Narendran, J.

¶28

This DBP is registered suo motu, vide proceedings dated 06.02.2024, based on a complaint dated 13.12.2023 received

¶29

from the petitioner-complainant regarding the absence of cloakroom with toilet and wastewater disposal in Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara, which is a temple under the management of the Travancore Devaswom Board. Various other aspects have also been pointed out in the said complaint.

¶30

On 08.02.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

¶31

Heard the learned Senior Government Pleader for the 1^st respondent and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4.

¶32

Travancore-Cochin Hindu Religious Institutions Act, 1950 makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per Section 15A of the Act, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv) of Section 15A, which

¶33

¶34

DBP No.18 of 2024

¶35

includes duty to see that regular traditional rites and ceremonies according to the practice prevalent in the religious institutions

¶36

are performed promptly; and to establish and maintain proper facilities in the temples for the devotees. In view of the provisions under Section 31 of the Act, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily

¶37

worship and ceremonies and festivals in every temple according to its usage.

¶38

The provisions under the Travancore-Cochin Hindu Religious Institutions Act make it explicitly clear that the role assigned to the Travancore Devaswom Board in the administration, supervision and control of incorporated and unincorporated Devaswoms is that of a trustee in the management of the properties vested in the Deity, which is bound to administer, supervise and control incorporated and unincorporated Devaswoms in accordance with the provisions

¶39

under the said Act. The Board and its officials are duty bound to function within the framework of the statute, by scrupulously following the stipulations contained therein and acting strictly in accordance with the settled legal principles relating to the

¶40

¶41

DBP No.18 of 2024

¶42

administration of Hindu religious trust. The Board, being a trustee in the management of Devaswom properties, is legally bound to perform its duties with utmost care and caution.

¶43

The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that for the construction of RCC drainage with a length of 28m with waste pit, the Executive Engineer, Kottayam, submitted an estimate amounting to Rs.4,30,000/- including 18% GST, based on DSR 2018 with cost index 36.44% (Kottayam). The Executive Engineer reported that the existing drainage pipeline from Thidappally and Nalambalam in Puthiyathrikkovil Devaswom is damaged and blocked due to drainage. Hence wastewater is not flowing properly from Thidappaly and Nalambalam. On account of this, wastewater overflows into Thirumuttam, which creates foul smell and unhygienic environment in Thirumuttam, causing inconvenience to the devotees and also the temple staff. Moreover, during rainy season, due to insufficient drainage facility, rainwater is not flowing out of Thirumuttam, which causes inconvenience to the devotees during darshan. The temple compound lies at a lower level than the surrounding properties. Since elephants are paraded around chuttambalam

¶44

¶45

DBP No.18 of 2024

¶46

during the annual festival, instead of pipeline the construction of RCC drainage is necessary. Therefore the estimate includes earthwork excavation for drainage and waste pit, CC 1:4:8 for base, DR masonry for waste pit, RCC 1:1:5:3 for drainage wall, covering slab and manhole near Thidappally, etc. Vide Letter No.268 dated 04.03.2024, the Executive Engineer requested the

¶47

Chief Engineer to grant administrative sanction for the construction of drainage and waste pit for Thidappally and Nalambalam of Puthiya Thrikkovil Sree Mahavishnu Temple. 7. Along with the complaint the petitioner has enclosed

¶48

Letter No.5529 dated 31.08.2019 of the Assistant Devaswom Commissioner, Kottayam, addressed to the Assistant Engineer, Kottayam regarding the construction of Office building and toilet in Puthiya Thrikkovil Sree Mahavishnu Temple. Another Letter No.3984 dated 04.12.2019 of the Chief Engineer, addressed to the Secretary of the Travancore Devaswom Board, requesting Administrative sanction for the construction of Office building and toilet in Puthiya Thrikkovil Sree Mahavishnu Temple at an estimate cost of Rs.8,19,100/- is also enclosed along with the complaint. The petitioner submitted a complaint before the learned Ombudsman, i.e. Complaint No.243 of 2019, in which

¶49

¶50

DBP No.18 of 2024

¶51

the Executive Engineer, Kottayam was directed to submit a reply.

¶52

Having considered the materials on record and also the submissions made by the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board we find that the inaction on the part of the Travancore Devaswom Board in providing a proper drainage from Thidappally and Nalambalam of Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara is a serious lapse on the part of the Board and its officials in discharging its statutory duty

¶53

provided under Section 15A of the Act. Despite the complaints made by the devotees regarding lack of toilet facilities, cloak room, etc. in the temple, which were brought to the notice of the Assistant Engineer, vide Letter No.5529 dated 31.08.2019 of the Assistant Devaswom Commissioner, Kottayam, which had resulted in the proposal made by the Chief Engineer vide Letter No.3984 dated 04.12.2019, addressed to the Secretary of the Travancore Devaswom Board, for administrative sanction for the work at an estimated cost of Rs.8,91,000/-, no earnest efforts have been made by the Travancore Devaswom Board for undertaking such constructions, which necessitated the

¶54

¶55

DBP No.18 of 2024

¶56

petitioner who is a devotee to submit a complaint dated 13.10.2023.

¶57

In the above circumstances, this DBP is disposed of by directing the 2^nd respondent Travancore Devaswom Board to take an appropriate decision on the proposal made by the Chief Engineer for administrative sanction for constructing toilet facilities and cloak room in Puthiya Thrikkovil Sree Mahavishnu Temple, Thirunakkara and also the proposal made by the Executive Engineer, Kottayam, which is pending before the Chief Engineer for constructing a drainage and waste pit for Thidappally and Nalambalam of the Temple, after complying with the statutory requirements, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this order.

¶58

Registry to communicate a copy of this order and also a copy of the DBP to the learned Ombudsman. The Chief Engineer shall file an action taken report before the learned Ombudsman, within a period of three months from the date of this order.

¶59

In case further directions of this Court are necessary, it would be open to the learned Ombudsman to file reports

¶60

¶61

DBP No.18 of 2024

¶62

before this Court, seeking appropriate directions.

¶63

Registry to communicate a copy of this order to the complainant, through registered post with acknowledgment due.

¶64

Sd/-

¶65

ANIL K. NARENDRAN, JUDGE

¶66

Sd/-

¶67

G. GIRISH, JUDGE

¶68

AV/11/3

Jayasree Warrier @Jayasree Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayasree Warrier @Jayasree Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suo Motu Vs State of Kerala

Suo Motu Vs State of Kerala

V.K.Jayaprakash Vs Adv.K.B.Mohandas

*Ravindran Vs State of Kerala

R.K.Chandrasekhar Vs Velikkalath Muhammed Faizook

Nisamudheen Vs Sri.Kunjumon