IMPORTANT POINT
Devaswom Boards are trustees with a legal obligation to protect and manage the properties of the Devaswoms, and failure to do so constitutes a breach of trust.

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu, in the matter of litigations pending before various courts in which Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party.

2. A learned Single Judge of this Court, while disposing of O.P.(C)No.246 of 2023, which was one filed under Article 227 of the Constitution of India, challenging the order dated 21.12.2021 of the Munsiff Court, Ottappalam in I.A.No.3348 of 2019 in O.S.No.208 of 2010, in which Cochin Devaswom Board is arrayed as the defendant, has stated that there is gross negligence on the part of the concerned officials of the Board in defending that suit, as evident from the facts stated in the 1st paragraph of the judgment dated 04.07.2023 in that original petition, which has to be enquired into by the Vigilance Officer of the Cochin Devaswom Board, for which a copy of the judgment was directed to be placed before the Honourable the Chief Justice to bring it to the notice of the Division Bench dealing with Devaswom matters.

3. On 19.07.2022, the Honourable the Acting Chief Justice directed Registry to place the matter on the judicial side before the Division Bench dealing with Devaswom matters. Accordingly, Registry placed the judges’ papers in O.P.(C)No.246 of 2023 before the Devaswom Bench on 21.07.2023.

4. On 21.07.2023, after hearing arguments of the learned Senior Government Pleader and the respective Standing Counsel for Cochin Devaswom Board, Travancore Devaswom Board and Guruvayur Devaswom Managing Committee, this Court directed Registry to initiate suo motu proceedings in relation to litigations pending before various courts in which Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party, in order to ensure that the interest and properties of the Devaswoms are protected and safeguarded by the respective Devaswom Board/Managing Committee and its officials, in discharge of their statutory duty.

5. On 04.08.2023, when this matter came up for consideration, the learned Senior Government Pleader and the respective Standing Counsel for Travancore Devaswom Board, Cochin Devaswom Board and Guruvayur Devaswom Managing Committee sought time to place on record individual affidavits of respondents 2 to 7.

6. An affidavit dated 30.09.2023 on behalf of the 7th respondent Senior Deputy Director, Guruvayur Devaswom Audit is placed on record by the learned Senior Government Pleader, producing therewith Annexures R7(a) to R7(i). The learned Senior Government Pleader has filed another affidavit dated 18.11.2023 of the 3rd respondent Deputy Director in Cochin Devaswom Board Audit. Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has filed an affidavit dated 30.05.2024, on behalf of the 4th respondent Board.

7. Heard the learned Senior Government Pleader for respondents 1, 3, 5 and 7 and the respective Standing Counsel for 2nd respondent Cochin Devaswom Board, 4th respondent Travancore Devaswom Board and the 6th respondent Guruvayur Devaswom Managing Committee.

8. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per subsection (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District.

8.1. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in the Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under th