The court ruled that complaints about deployment of Devaswom employees during festivals must be addressed through writ petitions, emphasizing adherence to existing judicial guidelines.

ORDER :

Anil K. Narendran, J.

This DBP is registered based on Report No.13 of 2025 of the learned Ombudsman in Complaint No.18 of 2025 made by Sabarimala Special Duty Employees. The said report of the learned Ombudsman reads thus;

“The grievance of the complainant in this case is that there was no guidelines provided for posting employees at Nilakkal during festival season. Particular employees alone were given preference for such postings. If all the employees are posted at different places in Sabarimala so that they may be able to get allowance as in the case of other employees. Some guidelines will have to be framed for this purpose for which they approached the Ombudsman.

Devaswom Commissioner has filed report dated 18.02.2025 denying the allegations. However, on enquiry it was revealed from the Liaison Officer that in respect of complaints from Sabarimala, there is already a matter pending before the Honourable High Court as DBP No.116 of 2024 and the Ombudsman feels that it is proper to refer this matter also to the Honourable High Court to be considered along with DBP No.116 of 2024. Necessary directions, if any, required can be issued on the judicial side by the Honourable High Court. Copy of the complaint is produced as Annexure 01 and the report of the Devaswom Commissioner is produced as Annexure 02.”

2. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 2, the learned Senior Government Pleader and also learned Amicus Curiae for the learned Ombudsman.

3. 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 sub-section (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. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.

4. Chapter II of the Act deals with Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per sub-section (2) of Section 4 , the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board.

5. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15 , subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub- section (2) of Section 15 , the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction.

6. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to mo