Allegations against the Executive Officer of misappropriation and maladministration were deemed baseless, with the court affirming adherence to legal procedures and absence of evidence supporting claims.

JUDGMENT

K. V. Jayakumar, J.

This Writ Petition was registered suo motu based on Ext.P2 complaint dated 20.04.2023, submitted by Mr. Sivasankaran C. and Mr. C. Rajan, the devotees of Thirumandhamkunnu Bhagavathi Temple, Angadippuram, Malappuram, against Sri. C.C. Dineshan, the 3rd respondent, alleging series of corrupt practices and malpractices.

2. It is stated in the complaint that Thirumandhamkunnu Bhagavathi Temple (herein after referred to as ‘the temple’) is an ancient temple under the supervisory control of the Malabar Devaswom Board. Pursuant to the order of this Court dated 31.07.2017 in W.P(C) No. 13541 of 2013, the 3rd respondent assumed charge as the Executive Officer of the temple.

3. It is alleged in the complaint that the 3rd respondent cut down the ‘chempakam’ tree situated in the front yard of the temple and built a waiting shed, and an amount of ₹75,000/- was misappropriated by confirming the tender in favour of one K.T. Sunil, the brother of one K.T. Anilkumar, who was a clerk in the temple. The 3rd respondent has misused an amount of ₹25,00,000/- from the Devaswom fund under the guise of renovation of waste water plant, which was functioning properly.

4. The next allegation raised against the 3rd respondent is that he and some other staff sold teak wood worth ₹59,00,000/- bought from Nilambur Forest Depot for the renovation work of the sanctum sanctorum to a private mill and also chopped down approximately 60-70 teak trees situated near the temple courtyard and a multi storied building was constructed without the permission of the Court or the Trustee after demolishing the ‘aana kadu’, ‘ootu pura’ and thereby lakhs of rupees were stolen from the total estimate of ₹2.5 crores for the work by fabricating bills and no completion certificate was produced for the same.

5. It is pointed out that without any permission from the Trustee, Sri. C.C. Dineshan, misusing his position as the Executive Officer, installed C.C.T.V. cameras in the temple and misappropriated an amount of ₹2,00,000/-. The 3rd respondent used the Devaswom vehicles for his personal purposes, thereby causing financial loss to the Devaswom Board.

6. It is further stated that no investigation has so far conducted on the missing of three or four pendants from the “Thiruvabharanam”. It is further alleged that in connection with assigning temple land to the Tourism Department for the renovation of “Chaverthara”, around ₹1.5 crores were misappropriated. The 3rd respondent also withdrew money from the fixed and savings accounts in the name of the temple trustee and transferred it into his personal account with the assistance of the Devaswom Commissioner.

7. The grievance further projected is that the 3rd respondent also reappointed and rendered assistance to various staff who were suspended under various charges, like misappropriation of funds, etc. Disregarding the opposition of the Trustee, the 3rd respondent appointed approximately 20 persons as temporary staff and one Usha was appointed as a sweeper on a permanent basis on the retirement of her mother, Smt. Kunjootti. Later, Kunjootti was reappointed as a Casual Sweeper. The Executive Officer, 3rd respondent, without the approval of the Trustee had also terminated around 30 staff of the temple, who served for around 10-12 years, who made complaints against Devaswom officials

8. It is stated that a complaint dated 16.07.2021 was given to the Vigilance wing of Malabar Devaswom Board in this regard, but no action was taken.

9. It was further alleged that the temple administration painted the Devaswom building in green colour, included people from other religions in the festival committee, and conducted the conference of a political party in the temple ground, all of which have led to controversies. It is also averred that the Audit wing does not perf