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2025 Supreme(Online)(Ker) 57888

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
SSCR NO. 15 OF 2025 | SM NO. 15 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. S. RAJMOHAN, SR. G.P., SRI. G. BIJU, S.C, TDB, SMT. SAYUJYA RADHAKRISHNAN
For the Respondents: Not specified

Compliance with statutory requirements is essential for the disposal of public resources and the operation of volunteer services in regulated environments.

Headnote:(A) Coinage Act, 2011 - Sections 9 and 12 - Disposal of old coins - The court directed the Travancore Devaswom Board to file a Draft Bill Application (DBA) for handling approximately 17 tons of defaced coins, emphasizing compliance with relevant statutory requirements. During the proceedings, the necessity to address the violation of tender conditions and proper report submissions was highlighted. (Paras 2, 6.1, 8.2, 8.3)

(B) Medical Registration - Statutory provisions - The court underscored that voluntary doctors operating at Sabarimala must adhere to registration requirements and comply with operational protocols to avoid legal implications. (Paras 8.1)

Facts of the case:
The Special Commissioner’s report initiated a suo motu proceeding addressing disposal of defaced coins and the operation of devotee doctors during the festival season.

Findings of Court:
The Travancore Devaswom Board was directed to pursue necessary actions as per the Coinage Act and submit timely reports regarding the status of devotee doctors.

Issues: Main concerns included management and legal compliance for the disposal of coins and the operational framework of devotee doctors.

Ratio Decidendi: The court emphasized the need for statutory adherence in the management of public resources and volunteer services while ensuring the welfare of the devotees is safeguarded.

Result: SSCR disposed of with specific directions.

Table of Content
1. report of activities during edava maasa pooja. (Para 1)
2. concerns regarding old coins affecting building safety. (Para 2)
3. impleading reserve bank of india for statutory compliance. (Para 3 , 4)
4. court directed travancore devaswom board regarding coin disposal. (Para 5 , 6)
5. violation of auction terms at stall no.43. (Para 7)
6. issues with unregistered devotee doctors at sabarimala. (Para 8)

ORDER

Anil K. Narendran, J.

The Special Commissioner, Sabarimala, has filed this report regarding the various activities undertaken during Edava Maasa Pooja (1200ME) at Sabarimala Sannidhanam from 14.05.2025 to 19.05.2025.

2. One of the issues pointed out in this SSCR is regarding the old coins kept on the first floor of the Old Bhandaram building at Sabarimala Sannidhanam. As per the report, about 17 tons of old, useless coins are kept in a corner on the first floor of the Old Bhandaram building. Since high weight is concentrated in a particular area of the building, it is likely to affect the strength of the building. Hence, appropriate directions are sought for to dispose of the same.

3. On 05.06.2025, when this SSCR came up for consideration, this Court suo motu impleaded the Chief General Manager, Reserve Bank of India, Kochi, as the additional 7th respondent and notice was ordered to the additional 7th respondent by email, returnable by 17.06.2025.

4. On 26.06.2025, when this SSCR came up for consideration, the learned Senior Counsel for the additional 7th respondent Chief General Manager, Reserve Bank of India, Kochi, pointed out the statutory provisions contained in the Coinage Act , 2011.

5. Heard the learned Senior Government Pleader for respondents 1 and 6, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5, the learned Senior Counsel for the additional 7th respondent and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

6. On the issue pointed out in this SSCR regarding old coins kept in the first floor of the Old Bhandaram building at Sabrimala Sannidhanam, weighing about 17 tons, the action that is required to be taken by the Travancore Devaswom Board is as per the provisions contained in Section 9 , read with Section 12 of the Coinage Act , 2011. Sections 9 and 12 of the said Act read thus;

“9. Power to certain persons to cut, diminished or defaced coins.-

(1) Where any coin which has been minted and issued by or under the authority of the Government is tendered to any person authorised by it to act under this section, and such person has reason to believe that the coin -

(a) has been diminished in weight so as to be more than such per cent. below standard weight as provided in section 5; or

(b) has been defaced, he shall, by himself or through another person, cut or break the coin.

(2) A person cutting or breaking coin under the provisions of clause (a) of sub-section (1) shall receive and pay for the coin at its face value.

(3) A person cutting or breaking coin under the provisions of clause (b) of sub-section (1) shall observe the following procedure, namely:-

(a) if such person has reason to believe, that the coin has been fraudulently defaced, he shall return the pieces to the person tendering the coin, who shall bear the loss caused by such cutting or breaking;

(b) if such person has reason to believe, that the coin has not been fraudulently defaced, he shall receive and pay for the coin at its face value.

xxx xxx xxx xxx

12. Prohibition of making or melting or destruction of coins.-

(1) No person shall -

(i) use any metal piece as coin whether stamped or unstamped, intended to be used as money except by the authority of the Government, or

(ii) melt or destroy any coin, or

(iii) use coin other than as a medium of exchange, or

(iv) have in his possession, custody or control, -

(a) any melted coin, whether in the molten state or in a solid state, or

(b) any coin in a destroyed or mutilated state, or

(c) coins substantially in excess of his reasonable requirements for

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