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2025 Supreme(Ker) 691

IN THE HIGH COURT OF KERALA AT ERNAKULA
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Suo Motu - Appellant 
Versus 
State Of Kerala - Respondents 
SSCR NO. 3 OF 2025
Decided on : 18-03-2025

Advocates:
Advocate Appeared:
For the Respondent: BY ADV G.BIJU SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB; SMT. SAYUJYA RADHAKRISHNAN, AMICUS CURIAE

IMPORTANT POINT
The Travancore Devaswom Board has a statutory duty to manage Devaswoms and must act on reports of misconduct, ensuring timely compliance with court directives.

Headnote:

(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 1(3), 2(a), 3, 15, 15A, 16, 24, 27, 31 - The Travancore Devaswom Board is mandated to ensure proper administration, supervision, and control over Devaswoms and their properties, acting as trustees. The Board must act on reports of misconduct and misappropriation by its employees. (Paras 5 - 10 , 16-23)

(B) Duty of the Board - The Board is required to exercise reasonable diligence and ensure timely action on reports from the Chief Vigilance Officer, reflecting proper application of mind in its decisions. (Paras 16 - 23 )

Facts of the case:

The Special Commissioner submitted reports on vigilance inspections revealing irregularities in temple management. The Board was directed to act on these reports and ensure compliance with statutory duties.

Findings of Court:

The Board must take necessary actions on reports of misconduct and ensure timely reporting to the court.

Issues: The main issues included the Board's duty to act on vigilance reports and the management of Devaswom properties.

Ratio Decidendi: The court emphasized the Board's fiduciary responsibilities and the need for timely action on reports of misconduct, likening the Board's role to that of trustees.

Result: The SSCR is disposed of with directions for compliance.

ORDER :

(Anil K. Narendran, J.)

The Special Commissioner, Sabarimala, has filed this report enclosing therewith the periodical status report of the Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board, in respect of 243 instances of vigilance inspections conducted based on complaints, surprise checks and other enquiries conducted by the Vigilance Wing of the Board regarding malpractices, misconduct, unauthorised absence of temple staff, Devaswom officials, etc., malpractices, irregularities, etc., by the Temple Advisory Committees in the temples under the management of the Board. Among the 243 instances, grave irregularities, 20 in number, are enumerated in paragraph 2 of the report of the Special Commissioner, Sabarimala, in a tabular form.

2. On 29.01.2025, when this SSCR came up for consideration, the learned Standing Counsel for the Travancore Devaswom Board was directed to place on record an affidavit sworn to by the Secretary of the Board regarding the procedure that is being followed by the Board, in terms of the directions contained in Paragraph 23 of the order of this Court dated 09.07.2024 in SSCR No.28 of 2023, with respect to the reports of the Chief Vigilance and Security Officer, which are addressed to the President of the Board.

3. Pursuant to the direction contained in the order dated 29.01.2025, an affidavit dated 28.02.2025 sworn to by the Secretary of the Travancore Devaswom Board is placed on record, on 03.03.2025. Paragraphs 4 to 7 of that affidavit read thus;

“4. It is submitted that the Superintendent of Police (Vigilance) is functioning under the direct control of the President of the Travancore Devaswom Board. The reports prepared by the Chief Vigilance Officer are directly given to the President of the Board. After the order in SSCR 28/2023, all the reports received, except a few, were submitted before the Board. The Board is the disciplinary authority in respect of employees above the cadre of Junior Superintendent. The Devaswom Commissioner and the Chief Engineer are the disciplinary authorities in the cases of officers up to the level of Junior Superintendent

5. After receipt of the order dated 09/07/2024 in SSCR 28/2023, the Board directed the officials to place all the vigilance reports before the Board without delay. Accordingly all endeavors are taken to place the vigilance reports before the Board within a period of one month and on matters which require immediate action the reports are placed before the Board at the earliest. A total of around 147 reports were received after 09/07/2024, and the Board has considered the reports except a few. Steps have already been taken to place the rest also before the Board. Action was taken on most of the reports, and in 15 reports, the Board’s interference is required. The Board is considering all the reports received in terms of the direction issued by this Hon’ble Court and necessary action is being taken as per law.

6. The Board considers the reports and in cases wherein the Board itself has to take action, the same will be done by the Board and the rest will be forwarded to the appropriate authorities for further action. In the cases of allegations against Temple Advisory Committees, the Board will consider the reports and direct the Devaswom Commissioner to take appropriate action.

7. It is respectfully submitted that the Board could not complete the proceedings on all the reports received after the order in SSCR 28/2023 since the President and Board Members were engaged in various activities connected with the Sabarimala Mandalam Makaravilakku Festival 1200 ME. However, the Board will consider and take decision on all the reports submitted by the Superintendent of Police (Vigilance & Security) without delay. It is expected that the Board will be able to consider the reports received so far within a period of three months.”

4. Heard the learned Senior Government Pleader for respondents 1 and 2, the learned Standing Counse

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