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2025 Supreme(Ker) 730

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Suo Motu - appellant 
Versus 
State Of Kerala - Respondents 
DBP No.99 of 2024
Decided on : 17-03-2025

Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) A.L.NAVANEETH KRISHNAN SILPA SREEKUMAR
For the Respondent: SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB; SRI. K.P. SUDHEER, SC, CDB; SMT. SAYUJYA RADHAKRISHNAN, AMICUS CURIAE

IMPORTANT POINT
The Ombudsman for Devaswom Boards is mandated to address public interest complaints regarding mismanagement, while personal grievances of employees must be resolved through appropriate legal channels.

Headnote:

(A) Travancore Cochin Hindu Religious Institutions Act, 1950 - Oversight of Devaswom Boards - The court addressed the administration irregularities in the Travancore and Cochin Devaswom Boards, emphasizing the Ombudsman's role in overseeing audits and addressing public interest complaints. (Paras 1 , 5 , 6 , 9 )

(B) Ombudsman Functions - The Ombudsman is tasked with investigating complaints of misappropriation, maladministration, and corruption, focusing on public interest rather than personal grievances. (Paras 6 , 8 )

(C) Employee Grievances - Personal grievances of employees regarding transfers and service matters must be addressed through appropriate legal channels, not through the Ombudsman. (Paras 9 )

Facts of the case:

The original petition was registered to address illegalities in the administration of the Travancore and Cochin Devaswom Boards, with various orders issued regarding the appointment of officials and oversight mechanisms.

Findings of Court:

The court directed the registration of a suo motu DBP and emphasized the need for the Ombudsman to focus on public interest complaints.

Issues: The main issues included the scope of the Ombudsman's authority and the handling of employee grievances.

Ratio Decidendi: The court clarified that the Ombudsman,s role is to protect public interest and that personal grievances should be resolved through statutory provisions.

Result: The DBP is disposed of.

ORDER :

(Anil K. Narendran, J.)

This DBP is registered suo motu pursuant to the directions contained in the order of this Court dated 25.03.2024 in O.P.No.3821 of 1990. The said order reads thus;

“This original petition is one 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. The Examiner, Local Fund Accounts, Thiruvananthapuram (Auditor, Travancore Devaswom Board) and the Examiner, Local Fund Accounts, Thrissur (Auditor, Cochin Devaswom Board) were made as the petitioners and the Secretary, Travancore Devaswom Board, the Secretary, Cochin Devaswom Board and the Chief Secretary to Government were made as the respondents in this original petition. By the orders in various interlocutory applications, additional respondents 4 to 37 were impleaded. In this original petition, various orders were issued 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 President and Members of the Travancore Devaswom Board and Cochin Devaswom Board and also in the matter of appointment of Devaswom Commissioners.

2. On 29.05.2005, when this original petition came up for consideration, it was noticed that the report submitted by Justice Thulasidas Committee has not been considered. The Division Bench in the order dated 29.07.2005 opined that this original petition should be kept pending in order to see whether any modification is necessary on the basis of the report submitted by Justice Thulasidas Committee.

3. Thereafter, various orders have been passed in this original petition in the matter of appointment of the learned Ombudsman, Devaswom Commissioner, etc. On 24.05.2023, when this original petition came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board pointed out the pendency of SLP(C)Nos.8254-55 of 2019 in the matter of appointment of Devaswom Commissioner, Travancore Devaswom Board, arising out of the order of this Court dated 14.03.2019 in R.P.No.243 of 2019 in DBP No.11 of 2017. Those Special Leave Petitions were disposed of by the Apex Court on 08.12.2023, without expressing anything on the merits of the case, giving liberty to the State, the Travancore Devaswom Board and also the person who filed application for intervention to raise all the contentions before this Court. Thereafter, by proceedings dated 12.12.2023 one C.N.Raman was appointed as Devaswom Commissioner. That order of appointment was set aside by this Court in Radhakrishnan R.G. v. State of Kerala and others [2024 (3) KHC SN 9 : 2024:KER:11706] as a consequence of the writ of quo warranto issued in that writ petition.

4. Today, when this matter is taken up for consideration, the learned Senior Government Pleader for the State and the official respondents, the learned Standing Counsel for Travancore Devaswom Board and the learned Standing Counsel for Cochin Devaswom Board would point out that in almost all interlocutory applications filed in this original petition, orders have already been passed, though the status of those interlocutory applications is shown as pending in the Case Management System (CMS).

5. Having considered the submissions made at the Bar, we deem it appropriate to dispose of this original petition, taking note of the orders already passed on the interlocutory applications and by directing Registry to register a DBP suo motu and list before the Devaswom Bench on 21.05.2024 with the State of Kerala, r

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