IMPORTANT POINT
The Cochin Devaswom Board cannot utilize Devaswom Fund for purposes outside those explicitly permitted by the Travancore-Cochin Hindu Religious Institutions Act, 1950.

ORDER :

(Anil K. Narendran, J.) :

This DBP is registered suo motu, vide proceedings dated 06.01.2024, based on a complaint received from one Sreekumar, wherein it is alleged that the 2nd respondent Cochin Devaswom Board has taken a decision to start a dialysis centre utilising the income received from temples under its management. The proposed centre is put up by renovating an old building, which was in a dilapidated condition.

2. On 09.01.2024, when this DBP came for consideration, the learned Senior Government Pleader and the learned Standing Counsel for Cochin Devaswom Board sought time to get instructions.

3. On 12.01.2024, the learned Standing Counsel for Cochin Devaswom Board made available for the perusal of this Court, a copy of order No.M6-13059/22 dated 15.11.2022 of the 2nd respondent Board and order No.M6-13059/2022 dated 16.11.2022 of the 4th respondent Devaswom Commissioner, on the proposed dialysis centre at Thrissur. By the order dated 12.01.2024, the learned Standing Counsel was directed to make available for the perusal of this Court, the files relating to order No.M6-13059/2022 dated 16.11.2022 of the 4th respondent Commissioner.

4. On 09.02.2024, the learned Standing Counsel made available for the perusal of this Court, the files relating to order No.M6-13059/22 dated 15.11.2022 of the 2nd respondent Board and order No.M6-13059/2022 dated 16.11.2022 of the 4th respondent Devaswom Commissioner on the proposed dialysis centre. By the order dated 09.02.2024, it was ordered that steps in furtherance of the decision taken by the Board in the order dated 15.11.2022 shall be deferred for the time being.

5. On behalf of the 2nd respondent Board, its Secretary has sworn to an affidavit dated 22.03.2024, producing therewith Annexures R2(a) to R2(r) documents, wherein it is stated that as part of 'Thrisapthathi’ - 73rd anniversary celebrations - the Board decided to enter into the virtuous path of charity by stretching out its hands to the needy. As stated in the meeting of the Board held on 29.06.2022, the Devaswom fund will not be used for the establishment of the dialysis centre to provide dialysis facilities at a concessional rate, which will be a great relief to many desperate kidney patients, who are fighting for their lives, and the amount will be mobilised through donations and sponsorships. As per Section 68 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, the Board may, out of the funds under their control set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions, which have to be met from the said fund. The Board has no intention to start the dialysis centre by using the Devaswom fund. One of the staff quarters bearing No.A1 - Door No.38/7301 of Thrissur Municipal Corporation - was identified for establishing the dialysis centre, after carrying out necessary repair/renovation works. The Devaswom Officer, Nelluvai Devaswom submitted Anexure R2(a) report dated 01.11.2022, which was placed before the Board, and a decision was taken on 09.11.2022. In terms of that decision, Annexure R2(b) Board order dated 15.11.2022 was issued. In terms of Annexure R2(b) Board order, the Devaswom Commissioner issued Annexure R2(c) order dated 16.11.2022. The report submitted by the Devaswom Officer, Nelluvai Devaswom was approved by the Board on 30.11.2022, vide Annexure R2(d) order dated 02.12.2022, wherein it is provided that the amount advanced from the Group Devaswom Fund will have to be refunded.

6. In the counter affidavit filed on behalf of the 2nd respondent Board, it is stated that in terms of Annexure R2(d) Board order, tenders were invited and by Annexure R2(e) order dated 17.12.2022 the tenders were accepted. Based on the decision taken by the Board, the 4th respondent Devaswom Commissioner issued Annexure R2(f) order dated 14.12.2022 on the functioning of Danwanthari