Devotees sought directions for renovation of a temple's Sreemoolasthanam, recovery of lost ornaments and audit of temple funds; the Cochin Devaswom Board sought leave for reconstruction. The court permitted reconstruction subject to audit remarks and directed the Board to decide the maladministration representation after hearing.
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 HARISANKAR V. MENON
FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946
WP(C) NO.31704 OF 2022
PETITIONERS:
1 MURALEEDHARAN. P., AGED 64 YEARS, SON OF LATE K. PARAMESWARAN NAIR, "SREE NILKHILAM", MAVINCHODE, URAKAM, P.O. URAKAM, THRISSUR DISTRICT, PIN-680 562.2 NANDAKUMAR C.V., AGED 51 YEARS, SON OF LATE ESWARA WARRIER, CHIRAKKAL WARRIAM, URAKAM, P.O. URAKAM, THRISSUR DISTRICT, PIN-680 562.3 T. HARIDAS, AGED 59 YEARS, SON OF APPUKUTTAN NAIR, ANUGRAHA, PALACE ROAD, URAKAM, URAKAM P.O., THRISSUR DISTRICT, PIN-680 562.4 BALAKRISHNAN V.P., AGED 46 YEARS, SON OF PRABHAKARAN, VILANGOTTIL HOUSE, KISSAN CORNER, URAKAM, URAKAM P.O., THRISSUR DISTRICT, PIN-680 562.BY ADVS.
C.MURALIKRISHNAN (PAYYANUR)
ABRAHAM GEORGE JACOB
AKSHAY R.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, THE DEPARTMENT OF REVENUE (DEVASWOM), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.2 COCHIN DEVASWOM BOARD, REPRESENTED ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, ROUND NORTH, THRISSUR, THRISSUR DISTRICT- 680001.3 SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD OFFICE, ROUND NORTH, THRISSUR, THRISSUR DISTRICT- 680001.4 ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THIRUVANCHIKULAM GROUP, KODUNGALOOR, KODUNGALOOR P.O., THRISSUR DISTRICT -680664.5 DEVASWOM OFFICER, URAKAM DEVASWOM, URAKAM, URAKAM P.O., THRISSUR DISTRICT -680 562.2
WP(C) No.31704/2022 & DBP No.54/2024
6 URAKATHAMMATHIRUVADI TEMPLE, URAKAM REPRESENTED BY DEVASWOM OFFICER, URAKAM DEVASWOM, URAKAM P.O., THRISSUR DISTRICT -680 562.7 VADAKKEDATH PERUMBADAP KESAVAN NAMBOODIRI, VADAKKE PERUMPADAPPU MANA, P.O. VALLICHIRA, URAKAM (VIA), THRISSUR DISTRICT-680 562.8 THEKKEDDATH PERUMBADAP KESHAVAN NAMBOODIRI *(CORRECTED) THEKKE PERUMPADAPPU MANA, P.O. VALLICHIRA, URAKAM (VIA), THRISSUR DISTRICT-680 562.9 URAKATHAMMATHIRUVADI KSHETHRA UPADESAKA SAMITHI, URAKAM P.O., REPRESENTED BY ITS SECRETARY, URAKAM, URAKAM P.O., THRISSUR DISTRICT-680 562.* THE NAME OF THE 8TH RESPONDENT CORRECTED AS
"THEKKEDATH PERUMBADAP DAMODARAN NAMBOODIRI" AS PER
ORDER DATED 23-01-2023 IN IA 1/2023 IN WP(C)
31704/2022).
BY ADV K.P. SUDHEER
OTHER PRESENT:
SR. GP- SRI. S. RAJMOHAN,
SC. CDB- SRI. K. P. SUDHEER
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON
05.07.2024, ALONG WITH DBP NO.54/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
WP(C) No.31704/2022 & DBP No.54/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946
DBP NO. 54 OF 2024
PETITIONER:
COCHIN DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
COCHIN DEVASWOM BOARD OFFICE, ROUND NORTH,
THRISSUR – 680001.
BY ADV SC, COCHIN DEVASWOM BOARD - CDB
RESPONDENTS:
1 THE DEPUTY DIRECTORLOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT,
THRISSUR – 680001.
2 URAKATHAMMATHIRUVDI KSHETHRA
UPADESAKA SAMITHI, REPRESENTED BY ITS SECRETARY, URA-
KAM P.O., THRISSUR DISTRICT – 680562.
BY ADVS.
SHRI.S.RAJMOHAN, SENIOR G.P.
ADVOCATE GENERAL OFFICE KERALA
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON
05.07.2024, ALONG WITH WP(C)NO.31704/2022, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
4
WP(C) No.31704/2022 & DBP No.54/2024
JUDGMENT/ORDER
Anil K. Narendran, J.
W.P.(C)No.31704 of 2022:- The petitioners, who are the
devotees of the Oorakathamma Thiruvadi Temple in Thrissur District, which is a temple under the management of the 2nd respondent Cochin Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 2 and 3 to take steps to renovate the "Sreemoolasthanam" and the temple immediately; a writ of mandamus commanding respondents 2 to 5 to take immediate steps to restore the missing and stolen gold and silver ornaments of the title and to recover the amount; a writ of mandamus commanding the 2nd respondent to conduct a detailed enquiry of the activities and funds collected by the Temple Advisory Committee of the temple, during the year 2018 to 2021, and to take appropriate action to recover the loss; a writ of mandamus commanding the 2nd respondent to conduct an enquiry and detailed audit of the income and expenditure of the temple and the amount collected for various festivals during the period 2021 to 2022 by the 5th respondent Devaswom Officer; and a writ of mandamus commanding the 1st respondent Cochin Devaswom Board to formulate a scheme for providing elephants for the
5
WP(C) No.31704/2022 & DBP No.54/2024
festivals in the temple from the pool of elephants of Cochin Devaswom or from Guruvayur Devaswom.
1.1. On 16.11.2022, when this writ petition came for admission, this Court noticed that the question of maintainability of the reliefs sought for in the writ petition will be decided with notice to the party respondents. The learned Senior Government Pleader took notice on admission for the 1st respondent, the learned Standing Counsel for the Cochin Devaswom Board took notice for respondents 2 to 6. Notice on admission by speed post was ordered to respondents 7 to 9, returnable within four weeks. A copy of I.A.No.1 of 2022 filed by the petitioner seeking an order to accept Exts.P23 to P27 as additional documents was directed to be enclosed along with the notice sent to respondents 7 to 9.
1.2. The 2nd respondent has filed a counter affidavit dated 30.01.2024, opposing the reliefs sought for in this writ petition, producing therewith Exts.R2(a) to R2(h) documents. Despite service of notice, none appears for the party respondents.
6
WP(C) No.31704/2022 & DBP No.54/2024
of Oorakathamma Thiruvadi Temple. Paragraphs 2 and 3 of that
report read thus:
“2. Pursuant to the notice issued, Audit filed their remarks dated 02.03.2024 which is marked as Annexure O1. It is pointed out that an amount of Rs.4,16,034.95 towards GST calculated at 18% and in addition to this 10% C.P and 5% overhead charges it will not be allowed to works executed by the Samithi, but in the order dated 04.10.2023 of the Executive Engineer sanctioning the work to Samithi, the above condition is not included. Hence, they sought clarification as to who would bear the liabilities of the items such as GST, contractor's profit and overhead charges. It is recommended by the Audit that in view of cases filed before the Honourable High Court alleging irregularities against the works executed by the Kshethra Updesakha Samithi, Devaswom officials and the Samithi should ensure that the income and expenditure account and other related documents pertaining to the work should be kept separately so that the accounts can be verified later after completion. 3. Replication was filed by the Board through the Executive Engineer which is marked as Annexure O2 . It is stated that as observed by the first respondent, Deputy Director, Local Fund Audit, agreement would be executed between the Board and the second respondent, Temple Advisory Committee, at the time of issuing the final work order after the Honourable High Court passes final orders in the above petition. It is further submitted that the work is to be done on contribution basis and that the Board executes agreements with the Upadeshaka Samithi in respect of similar works. As regards the non-inclusion of GST,
7
WP(C) No.31704/2022 & DBP No.54/2024
contractor’s profit, etc., it is stated that as the final work order would be issued only after obtaining permission from the Honourable High Court and in the final work order this aspect will be specifically included. No further remarks were filed by the Audit.”
2.1. On 24.06.2024, when this DBP report came up for consideration, the learned Senior Government Pleader entered appearance for the 1st respondent. Urgent notice by speed post was ordered to the 2nd respondent.
2.2. Registry has reported that service of notice is complete
on the 2nd respondent.
2.3. An affidavit dated 04.06.2024 of the 1st respondent Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit, is placed on record. Paragraph 2 of that affidavit contains the remarks of the Audit, which read thus:
2.1 On verification of the Petition submitted by the Secretary, Cochin Devaswom Board, it is seen that sanction was accorded to the Kshethra Upadesaka Samithi to execute the work on contribution basis. Contribution of the Board will be 60% of the valuation amount. Then there is necessity of an agreement between two parties. The Petition submitted by the Secretary remains silent on this matter.
8
WP(C) No.31704/2022 & DBP No.54/2024
an amount of 4,16,034.95 towards GST calculated @ 18% in addition to 10% C.P and 5% Overhead Charges will not be allowed for works executed by the Samithi. But in the Order No.H1/1361/17 dated 04.10.2023 of Executive Engineer Sanctioning the work to Samithi, the above condition has not included. This condition may be included in the Final Work Order and agreement. An additional condition may also be incorporated that the GST liability will be vested with "the Samithi instead of Cochin Devaswom Board.
2.3 There is a situation where cases are filed before Honourable High Court alleging irregularities against such works executed by the Kshethra Upadesaka Samithi. Therefore, concerned Devaswom Officials and Samithi should ensure that income and expenditure accounts and other related documents pertaining to this work is kept separately to avoid such circumstances.”
learned Senior Government Pleader, the learned Standing Counsel for the Cochin Devaswom Board and the learned Amicus Curiae.
9
WP(C) No.31704/2022 & DBP No.54/2024
Alleging maladministration in Oorakathamma Thiruvadi Temple, the 2nd petitioner submitted Ext.P22 representation dated 07.09.2022 before the President of the 2nd respondent Cochin Devaswom Board, with a copy to the Devaswom Commissioner. As rightly pointed out by the learned Standing Counsel for Cochin Devaswom Board, though one of the reliefs sought for in this writ petition is a writ of mandamus for the formulation of a scheme for providing elephants for the festivals in temples under the management of the Cochin Devaswom Board and Guruvayur Devaswom, the petitioners have not chosen to implead Guruvayur Devaswom Managing Committee as a respondent in this writ petition.
“2. It is submitted that the 1st respondent filed affidavit dated 02.03.2024 in reply to the petition filed by the applicant. As observed by the first respondent, agreement will be executed between the applicant and the 2nd respondent at the time of issuing final work order. The final work order will be issued after obtaining permission from this Honourable High Court. The work will be
10
WP(C) No.31704/2022 & DBP No.54/2024
executed through the 2nd respondent on a contribution basis. The applicant usually executes agreements with the Upadeshaka Samithy in respect of similar works.
Having considered the pleadings and materials on record and
also the submissions made at the Bar, we deem it appropriate to dispose of DBP No.54 of 2024 by granting permission to the Cochin Devaswom Board for undertaking the reconstruction work of Sreemoolasthanam of Oorakathamma Thiruvadi Temple, subject to the remarks in paragraph 2 (2.1 to 2.3) of the affidavit dated 04.06.2024 filed by the 1st respondent Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit. The entire income and expenditure in this regard will be subject to statutory audit. The income and expenditure accounts and other documents pertaining to the work shall be kept separately, which
11
WP(C) No.31704/2022 & DBP No.54/2024
shall be audited before effecting final payment. The 2nd respondent
Board shall obtain a report of the Devaswom Commissioner on Ext.P22 representation made by the 2nd petitioner alleging maladministration in Oorakathamma Thiruvadi Temple and thereafter they can take an appropriate decision on that representation, after affording the 2nd petitioner an opportunity of being heard, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
Skk//05.06.2024
12
WP(C) No.31704/2022 & DBP No.54/2024
APPENDIX OF WP(C) NO.31704/2022
PETITIONER’S EXHIBITS:
EXHIBIT P1 |
TRUE COPY OF THE BYE-LAW APPROVED BY COCHINDEVASWOM BOARD FOR TEMPLE ADVISORY COMMITTEE. |
|---|---|
EXHIBIT P2 |
TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENTBEARING ORDER NO.A5.10552/2018 DATED 16.12.2021. |
EXHIBIT P3 |
TRUE COPY OF THE REQUEST DATED 25.11.2021SUBMITTED BY THE 2ND PETITIONER TO THE PUBLICINFORMATION OFFICER, COCHIN DEVASWOM BOARD,THRISSUR. |
EXHIBIT P4 |
TRUECOPYOFTHEREPLY.NO.C.97/21DATED25.11.2021 GIVEN BY 5TH RESPONDENT TO 2NDPETITIONER ALONG WITH IT'S ENCLOSURES. |
EXHIBIT P5 |
TRUECOPYOFTHEREPLYNO.C.97/21DATED25.12.2021 GIVEN BY THE 5TH RESPONDENT, DEVASWOM |
OFFICERTO2NDPETITIONERALONGWITHITSENCLOSURE. |
|
EXHIBIT P6 |
TRUE COPY OF THE REPRESENTATION DATED 24.08.2022SUBMITTED BY THE 1ST PETITIONER TO THE 3RD |
RESPONDENTALONGWITHPOSTALRECEIPTANDACKNOWLEDGEMENT CARD. |
|
EXHIBIT P7 |
TRUE COPY OF REPRESENTATION DATED 24.08.2022SUBMITTED BY 1ST AND 3RD PETITIONERS JOINTLY TOTHE PRESIDENT OF DEVASWOM BOARD ALONG WITH POSTALRECEIPT AND ACKNOWLEDGEMENT CARD. |
EXHIBIT P8 |
TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENTBEARING ORDER NO.A5.6593/2022 DATED 16.6.2022KUS.533/22. |
EXHIBIT P9 |
TRUE COPY OF THE ORDER NO.A6.7799/22 DATED15.07.2022 ISSUED BY THE DEPUTY COMMISSIONER OFCOCHIN DEVASWOM BOARD. |
EXHIBIT P10 |
TRUECOPYOFTHESHOWCAUSENOTICE |
NO.A5.6593/2022 DATED 18.07.2022 ISSUED BY THEDEVASWOM COMMISSIONER TO THE PRESIDENT AND |
|
SECRETARY OF THE TEMPLE ADVISORY COMMITTEE. |
|
EXHIBIT P11 |
TRUE COPY OF THE RECEIPT DATED 28.06.2022 ISSUEDBY THE 9TH RESPONDENT TEMPLE ADVISORY COMMITTEETO MR.PRADEEP THOPPIL. |
EXHIBIT P12 |
TRUE COPY OF THE DONATION TICKET NO.245704 DATED18.08.2022 ISSUED BY THE 5TH RESPONDENT. |
EXHIBIT P13 |
TRUE COPY OF THE DONATION TICKET NO.265214 DATED15.09.2022 ISSUED BY THE 5TH RESPONDENT. |
EXHIBIT P14 |
TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENTBEARING ORDER NO.A9.961/13 DATED 04/05/2013. |
EXHIBIT P15 |
TRUE COPY OF THE REQUEST DATED 17.08.2022SUBMITTED BY THE 2ND PETITIONER TO THE PUBLICINFORMATION OFFICER OF THE OFFICE OF THE 2NDRESPONDENT. |
EXHIBIT P16 |
TRUE COPY THE REPLY DATED 17.09.2022 GIVEN BY THEPUBLIC INFORMATION OFFICER IN THE OFFICE OF 2NDRESPONDENT TO THE 2ND PETITIONER. |
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WP(C) No.31704/2022 & DBP No.54/2024
EXHIBIT P17TRUE COPY OF THE REPLY DATED 12.09.2022 ISSUED BY
THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF
2ND RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P18TRUE COPY OF THE REQUEST DATED 14.07.2022
SUBMITTED BY THE 4TH PETITIONER TO THE PUBLIC
INFORMATION OFFICER OF THE 2ND RESPONDENT.
EXHIBIT P19TRUE COPY OF THE REPLY NO.C108/2022 DATED
19.08.2022 ALONG WITH IT'S ENCLOSURES GIVEN BY
5TH RESPONDENT TO THE 4TH PETITIONER
EXHIBIT P20TRUE COPY OF THE REQUEST DATED 19.07.2022
SUBMITTED BY MR.ANOOP K. UNDER RIGHT TO
INFORMATION ACT TO THE OFFICE OF 5TH RESPONDENT.
EXHIBIT P21TRUE COPY OF THE REPLY DATED 23.08.2022 BY THE
PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE
5TH RESPONDENT TO MR.ANOOP K.
EXHIBIT P22TRUE COPY OF THE REPRESENTATION DATED 7.9.2022
SUBMITTED BY THE 2ND PETITIONER TO THE PRESIDENT
OF THE COCHIN DEVASWOM BOARD.
EXHIBIT P23TRUE COPY OF THE ORDER NO.A5 6593/2022 DATED
18.10.2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P24TRUE COPY OF THE PROCEEDINGS OF THE COCHIN
DEVASWOM BOARD BEARING ORDER NO.H1.2010/18 DATED
09.01.2019 ISSUED BY THE EXECUTIVE ENGINEER
EXHIBIT P25TRUE COPY OF THE NO OBJECTION LETTER DATED
13.06.2019 ISSUED BY THE THANTHRI
EXHIBIT P26TRUE COPY OF THE ORDER NO.A9.6998/2022 DATED
21.06.2022 ISSUED BY THE DEPUTY COMMISSIONER OF
COCHIN DEVASWOM BOARD
EXHIBIT P27PHOTOGRAPHS OF THE OUTER WALL OF THE SREEMOOLA
STHANAM
RESPONDENTS’ EXHIBITS:
EXHIBIT R2(A)TRUE COPY OF ORDER NO.A9.961/13 DATED 20.4.2018
ISSUED BY THE DEVASWOM COMMISSIONER, COCHIN
DEVASWOM BOARD.
EXHIBIT R2(B)TRUE COPY OF ORDER NO.A5.10552/2018 DATED
03.12.2021 ISSUED BY THE DEVASWOM COMMISSIONER
EXHIBIT R2(C)TRUE COPY OF ORDER NO.A5.10552/2018 DATED
24.3.2022 ISSUED BY THE 3RD RESPONDENT
EXHIBIT R2(D)TRUE COPY OF ORDER NO.A5.10552/2018 DATED
18.4.2022 ISSUED BY THE 3RD RESPONDENT
EXHIBIT R2(E)TRUE COPY OF ORDER NO.A5.6593/2022 DATED
16.6.2022 KUS 533/22 ISSUED BY THE 2ND RESPONDENT
EXHIBIT R2(F)TRUE COPY OF ORDER NO.A5.6593/2022 DATED
12.8.2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT R2(G)TRUE COPY OF ORDER NO.6593/2022 DATED 18.10.2022
ISSUED BY THE 2ND RESPONDENT
EXHIBIT R2(H)TRUE COPY OF ORDER NO. A5. 6593/2022 DATED
30.5.2023 ISSUED BY THE 2ND RESPONDENT
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WP(C) No.31704/2022 & DBP No.54/2024
APPENDIX OF DBP NO.54 OF 2024
PETITIONER’S ANNEXURES:
ANNEXURE A1TRUE COPY OF ESTIMATE PREPARED BY THE MARAMATH
WING OF THE APPLICANT BOARD IN RESPECT OF THE
RENOVATION WORK OF SREEMOOLASTHANAM OF THE
TEMPLE
ANNEXURE A2TRUE COPY OF ORDER NO.H1.1361/17 DATED
04.10.2023 OF THE EXECUTIVE ENGINEER
ANNEXURE A3TRUE COPY OF THE LETTER DATED 01.11.2023 ISSUED
BY THANTHRI OF THE TEMPLE
ANNEXURE O1REMARKS DATED 02.03.2024 FILED BY AUDIT
ANNEXURE O2REPLICATION DATED 22.04.2024 FILED BY THE BOARD
THROUGH THE EXECUTIVE ENGINEER
2 issues framed by the court
Whether permission should be granted to the Cochin Devaswom Board to reconstruct the Sreemoolasthanam of Oorakathamma Thiruvadi Temple subject to audit safeguards.
What action should be taken on the devotees' representation alleging maladministration in the temple.
1 provisions across 1 enactments
Muraleedharan P.
Nandakumar C.V.
T. Haridas
Balakrishnan V.P.
State of Kerala
Cochin Devaswom Board
Anil K. Narendran
Harisankar V. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court