IMPORTANT POINT
The judgment establishes that the appointment of Devaswom Commissioners must strictly adhere to the statutory provisions, ensuring judicial oversight in the process.

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu, in terms of the directions contained in the judgment of this Court dated 25.03.2024 in O.P.No.3821 of 1990, in the matter of Travancore Devaswom Board and Cochin Devaswom Board - regarding the constitution of High Power Committee for Implementation of Sabarimala Master Plan, appointment of Special Commissioner, Sabarimala, appointment of Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to the appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board and also appointment of Devaswom Commissioners.

2. O.P.No.3821 of 1990 was registered suo motu, vide order dated 11.04.1990 in the matter of Travancore Devaswom Board and Cochin Devaswom Board, on the illegalities, embezzlements and irregularities in the administration noticed during consideration of audit reports. In that original petition, various orders were passed by this Court in respect of temples under the management of the Travancore Devaswom Board and Cochin Devaswom Board. Orders have been passed regarding the constitution of High Power Committee for implementation of Sabarimala Master Plan, appointment of a District Judge as Special Commissioner, Sabarimala, appointment of an Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board. Orders have also been passed in the matter of appointment of the Chief Commissioner, in the absence of an elected Board in Travancore Devaswom Board and Cochin Devaswom Board.

3. In the matter of appointment of Devaswom Commissioner, Travancore Devaswom Board, this Court passed a detailed order dated 26.06.2024 in this DBP – Suo Motu v. State of Kerala [2024 (4) KHC 574]. By that order, having considered the submissions made at the Bar on the service particulars and other aspects of two Additional Secretaries to Government included in the panel and also the submission made by the learned Standing Counsel for Travancore Devaswom Board regarding the preference of the Board among the persons included in the panel, this Court found that Sri. C.V. Prakash, Additional Secretary to Government, Home Department, who had experience in the Vigilance Department for about 4 years as Under Secretary and Deputy Secretary and experience in the Home Department for about 3 years as Joint Secretary and Additional Secretary, can be appointed as Devaswom Commissioner, Travancore Devaswom Board, on deputation basis, till 18.05.2025, who shall also act as the Member Secretary of the High Power Committee for implementation of Sabarimala Master Plan. The Travancore Devaswom Board was directed to issue formal orders in that regard as expeditiously as possible, at any rate within a period of two weeks. A copy of that order was directed to be placed on record in this DBP, along with a memo filed by the learned Standing Counsel for Travancore Devaswom Board. Nearly one month after the said order dated 26.06.2024, the Government issued an order for deployment of Sri. C.V. Prakash as Devaswom Commissioner, Travancore Devaswom Board, on deputation basis, subject to a formal order being issued by the Travancore Devaswom Board. The Board has issued a formal order to that effect on 27.07.2024, and Sri. C.V. Prakash has already taken charge as Devaswom Commissioner, Travancore Devaswom Board.

4. In the order dated 26.06.2024 in this DBP, this Court noticed that the term of deputation of an officer not below the rank of Joint Secretary to Government as the Devaswom Commissioner, Cochin Devaswom Board, under 74A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 is over and a requisition has been made before the State Government.

5. On 15.07.2024, when this DBP came up for consideration, the learned Senior Government Pleader sought time to get instructions with specific reference to the provisions contained in Section 74A of the Act. Paragraphs 3 to 6 of the order dated 15.07.2024 read t