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2026 Supreme(Online)(Ker) 3541

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
ANANDU S SARMA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 2994 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.RAJIT, SRI.C.DHEERAJ RAJAN, SHRI.ANAND KALYANAKRISHNAN, SHRI.LIBIN VARGHESE, SMT.SRUTHI RAJIT
For the Respondents: ADV. S RAJMOHAN, SR. GP, ADV. G BIJU, SC FOR TDB

The court emphasized that operational deficiencies do not absolve individuals from accountability during allegations of financial misconduct.

Headnote:The petitioners, working as Santhi Lavanan at Sabarimala, challenge the FIR registered by the Vigilance Bureau following suspicions of misappropriation of funds linked to 'Adiya Sishtam Ghee.' The Court notes grave allegations of financial misconduct necessitating a thorough investigation. It rules that operational deficiencies do not absolve responsibility and that prima facie evidence of criminal acts warrants the continuation of investigations initiated by the appropriate authorities.

Result: Writ Petition dismissed.

Table of Content
1. allegations of misappropriation of funds lead to legal scrutiny. (Para 1 , 2)
2. operational challenges do not absolve employees from accountability. (Para 4 , 5 , 6 , 7)
3. the court affirms the need for an independent investigation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. the writ petition is ultimately dismissed. (Para 16)

Raja Vijayaraghavan V, J.

The petitioners herein state that they are working as Santhi Lavanan (Part-Time Santhis) as well as Full-Time Santhis at Sabarimala. They have approached this Court, being aggrieved by the registration of a crime by the Vigilance & Anti-Corruption Bureau pursuant to the order dated 13.01.2026 passed by this Court in SSCR No. 3 of 2026.

2. The facts which led to the passing of the order dated 13.01.2026 may be briefly encapsulated as under:

2.1. The Sabarimala Special Commissioner submitted a report before this Court, pointing out the detection of blatant acts of criminal misappropriation of the proceeds of “Adiya Sishtam Ghee” at various counters at Sannidhanam. It is relevant to note that “Adiya Sishtam Ghee” is a sacred offering sold to devotees, and the sale proceeds constitute revenue of the Travancore Devaswom Board.

2.2. From the report, it was revealed that the Travancore Devaswom Board had entrusted one Sri. Preman, Anugraha Veedu, Palakkad District, as contractor with the task of filling “Adiya Sishtam Ghee” into packets for sale at various counters. The contractor is paid at the rate of ₹0.20 per packet for the work carried out. The entire infrastructure for packing, including the packing machine, packing materials, and the ghee itself, is provided by the Devaswom Board. A steel tank with a capacity of 700 litres is installed into which the ghee brought by the devotees is transferred using a motor. The duty of the contractor is to fill each packet with 100 ml of ghee and to hand over the sealed packets to the Devaswom employees. The packed packets are thereafter sold to devotees at various counters at the rate of ₹100 per packet.

2.3. It was further reported that for the period from 17.11.2025 to

26.12.2025, the contractor had packed 3,52,050 packets of 100 ml each, which were handed over to the Temple Special Officer for sale. Out of the said quantity, about 89,300 packets were issued for sale from the counter situated in the Maramath Building on various days. Of these, 143 packets were found damaged, and the physical stock remaining in the counter as on 27.12.2025 was only 28 packets. After deducting the damaged packets and the closing stock, the sale proceeds corresponding to 89,129 packets ought to have been remitted to the Devaswom Board. However, the employees in charge deposited money only in respect of 75,450 packets, resulting in non-remittance of the sale proceeds of

13,679 packets amounting to ₹13,67,900/-.

2.4. For the period from 27.12.2025 to 02.01.2026, the contractor supplied a further 22,200 packets. As per the records maintained, the total stock available was 54,240 packets. Out of this, about 25,690 packets were issued to the counters. Therefore, the balance stock as on 02.01.2026 ought to have been 28,550 packets. However, upon physical verification conducted when the Temple Special Officer assumed charge on 02.01.2026, only 5,985 packets were found, resulting in a shortage of 22,565 packets. The corresponding revenue loss to the Devaswom Board amounts to ₹22,65,500/-. The total short remittance within a period of less than two months was thus approximately ₹40,00,000/-.

2.5. Upon perusal of the materials placed on record, this Court was of the prima facie view that the facts disclosed not mere negligence but clearly constituted offences of criminal misappropriation, falsification of accounts and other cognisable offences under the Bharatiya Nyaya Sanhita, 2023 , as well as offences under the Prevention of Corruption Act, 1988 .

2.6. This Court also took note of instances of short remittances by certain employees of the Devaswom Board. Cons

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