ORDER : (Anil K. Narendran, J.) : This DBP is registered suo motu, vide proceedings dated 22.08.2023, based on news items that appeared in Kerala Kaumudi Daily dated 23.08.2023 and Malayala Manorama Daily dated 24.08.2023 that an employee of Cochin Devaswom Board has been placed under suspension after he was found drunk in the Oottupura of Ernakulam Siva Temple. 2. As per the news report in Malayala Manorama Daily dated 24.08.2023, the 2nd respondent Cochin Devaswom Board has suspended the Counter Assistant of Ernakulam Siva Temple, after he was found drunk in the Oottupura of that temple. On 19.08.2023 he did not report for duty. Later he was found drunk in the room above Ernakulathappan Hall. As per the statement of the Devaswom Officer, on 19.08.2023 itself, the Counter Assistant was sent out of that room. On 20.08.2023, he was not permitted to work in the temple and was issued with a memo. The Assistant Commissioner, Thripunithura Group came to the temple on 20.08.2023 and recommended action against the Counter Assistant. Based on the recommendation made in the report of the Assistant Commissioner, the Counter Assistant has been placed under suspension. A copy of that report has also been given to the Tantri of Ernakulam Siva Temple. 3. As per the news report in Kerala Kaumudi Daily dated 23.08.2023, along with the Counter Assistant, there were two other employees – one Kazhakam and a temporary Devaswom employee - who came from Thrissur. The Devaswom employees including the Devaswom Officer are staying in the room above the Oottupura of Ernakulam Siva Temple. There are two rooms above Eranakulathappan Hall for the use of marriage parties. The incident came to light after it was witnessed by the members of a marriage party. 4. On 24.08.2023, when this matter came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the Counter Assistant of Ernakulam Siva Temple, who was found drunk on 19.08.2023, has already been placed under suspension vide Order No.M4-10029/2023 dated 21.08.2023 of 3rd respondent Devaswom Commissioner. 4. On 24.08.2023, when this matter came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the Counter Assistant of Ernakulam Siva Temple, who was found drunk on 19.08.2023, has already been placed under suspension vide Order No.M4-10029/2023 dated 21.08.2023 of 3rd respondent Devaswom Commissioner. On a specific query made by this Court as to whether similar misconducts were committed by the Devaswom employees in other temples under the management of the Cochin Devaswom Board and the nature of penalty imposed, the learned Standing Counsel has made available for the perusal of this Court copy of Order No.M-33/19 (1) dated 04.10.2019, Order No.M-2012/20 dated 12.04.2021 and Order No.M4-9550/22 dated 19.11.2022 of the 2nd respondent Board and Order No.M4-3098/23 dated 25.07.2023 of the 3rd respondent Devaswom Commissioner. 5. In the order dated 24.08.2023, this Court noticed that by the aforesaid orders dated 04.10.2019, 12.04.2021 and 19.11.2022 of the 2nd respondent Cochin Devaswom Board, the Devaswom employees, who alleged to have been committed similar misconducts, were reinstated in service with a warning or withholding of increment or treating the period of suspension as a service break. By the order dated 25.07.2023 of the 3rd respondent Devaswom Commissioner, a Sambandhi of Valanjambalam Temple has been placed under suspension, since he was found drunk in the temple premises on 25.02.2023, during temple festival. 6. In the order dated 24.08.2023, this Court noticed that, in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, the Cochin Devaswom Board is duty-bound to administer the affairs of Ernakulam Devaswom, which is an incorporated Devaswom, and Ernakulam Shiva Temple under its management in accordance with the objects of the trust, the established usage and customs of the said temple. The Board has a statutory duty to monitor whether the administrative staff and employees and also the employees connected with religious rites in the said temple are functioning properly and to exercise supervision and control over their acts and proceedings. An improper act in the administration of Ernakulam Shiva Temple by the Board as a trustee could be questioned by a worshiper. 7. In the order dated 24.08.2023, this Court noticed further that the causal approach adopted by the 2nd respondent Cochin Devaswom Board in matters involving similar misconducts by the Devaswom employees is evident from the Board orders referred to hereinbefore. 7. In the order dated 24.08.2023, this Court noticed further that the causal approach adopted by the 2nd respondent Cochin Devaswom Board in matters involving similar misconducts by the Devaswom employees is evident from the Board orders referred to hereinbefore. The deity being a perpetual minor, this Court has inherent jurisdiction to take appropriate steps for protecting and safeguarding the interests and the properties of the deity. The doctrine of parens patriae will apply in the exercise of such jurisdiction. In the discharge of the statutory duty, the 2nd respondent Board has to take stringent action against such Devaswom employees, by imposing a proper penalty; instead of reinstating such employees with a warning, withholding of increment, etc. The lukewarm approach on the part of the 2nd respondent Board and the 3rd respondent Devaswom Commissioner is the reason for recurring such instances of misconduct by the Devaswom employees. Any default on their part in imposing a proper penalty on such Devaswom employees would amount to a breach of trust. 8. By the order dated 24.08.2023, this Court directed the 2nd respondent Cochin Devaswom Board to file an affidavit explaining the facts and circumstances, within three weeks. The learned Standing Counsel was directed to make available for the perusal of this Court the order passed by the Board, whereby the Devaswom Officer and the Devaswom employees of Ernakulam Siva Temple were granted permission to reside in the room above the Oottupura, and also copy of the orders passed by the Board, whereby the disciplinary proceedings initiated against the Devaswom employees, who were found drunk in the temple premises, were finalised without imposing a major penalty. The details of the employees against whom there were similar allegations, who are now working in major temples under the management of the Cochin Devaswom Board, namely, Sree Vadakkumnathan Temple, Thrissur; Chottanikkara Bhagavathi Temple; Sree Poornathrayeesa Temple, Thrippunithura; and Ernakulam Siva Temple, were also directed to be furnished. 9. On 20.09.2023, when this DBP came up for consideration, Registry was directed to incorporate a copy of the complaint dated 18.09.2023 submitted by a group of Devaswom employees of Ernakulam Siva Temple, in the Judges’ papers of the DBP, after serving a copy of same to the learned Senior Government Pleader, the learned Standing Counsel for Cochin Devaswom Board. 10. On 20.09.2023, when this DBP came up for consideration, Registry was directed to incorporate a copy of the complaint dated 18.09.2023 submitted by a group of Devaswom employees of Ernakulam Siva Temple, in the Judges’ papers of the DBP, after serving a copy of same to the learned Senior Government Pleader, the learned Standing Counsel for Cochin Devaswom Board. 10. On 12.10.2023, the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court, the files relating to the disciplinary proceedings initiated against the 6th respondent Devaswom Officer of Ernakulam Siva Temple, which were directed to be retained in safe custody of Registrar (Judicial). 11. On behalf of the 2nd respondent Cochin Devaswom Board, an affidavit dated 08.09.2023 has been sworn to by its Secretary, producing therewith Exts.R2(a) to R2(e) documents. Paragraphs 3 to 6 of that affidavit read thus; “3. It is submitted that the incident occurred on 19.08.2023 and immediately on coming to know the incident, the 6th respondent forwarded a report to the 5th respondent on 20.08.2023. In this regard, true copy of the report No. 137/2023 dated 20.08.2023 submitted by the 6th respondent to the 5th respondent is produced herewith and marked as Annexure R2(a). On receipt of the said report, the 5th respondent forwarded the same to the 3rd respondent on 21.08.2023. In this regard, true copy of the report Ref No. M3. 3611/14 dated 21.08.2023 submitted by the 5th respondent to the 3rd respondent is produced herewith and marked as Annexure R2(b). On receipt of Annexure R2(b) report, the 3rd respondent issued Order No. M4-10029/2023 dated 21.08.2023, placing the delinquent employee under suspension. In this regard, true copy of Order No. M4-10029/2023 dated 21.08.2023 issued by the 3rd respondent is produced herewith and marked as Annexure R2(c). The 3rd respondent issued another order deputing the Asst Commissioner (Valuables) to conduct an enquiry and submit a report in the above matter. In this regard, true copy of order No. M4-10029/2023 dated 23.08.2023 is produced herewith and marked as Annexure R2 (d). 4. It is submitted that based on a specific query made by this Honourable Court as to whether similar misconducts were committed by the Devaswom employees in other temples under the management of the 2nd respondent Board and the nature of penalty imposed, three orders were brought to the notice of this Honourable Court. 4. It is submitted that based on a specific query made by this Honourable Court as to whether similar misconducts were committed by the Devaswom employees in other temples under the management of the 2nd respondent Board and the nature of penalty imposed, three orders were brought to the notice of this Honourable Court. As directed by this Honourable Court, the files relating to the said three orders are being produced for the perusal of this Honourable Court. 5. It is submitted that this Honourable Court further directed to make available for the perusal of this Honourable Court the orders passed by the Board, whereby the Devaswom officer and the Devaswom employees of Ernakulam Siva Temple were granted permission to reside in the room above the Oottupura. It is submitted that the employees of Ernakulam Siva Temple were residing in the office building of Ernakulam Devaswom. In view of the ongoing reconstruction of the office building, the employees were permitted to stay in the rooms in Ernakulathappan Hall. When the above matter came up for consideration before this Honourable Court 08.09.2023, this Honourable Court ascertained as to similar facilities were provided in other temples under the management of the 2nd respondent Board. It is submitted that in major temples like, Chottanikkara, Thriprayar, Thripunithura and Kodungallur, employees were permitted to stay in the buildings owned by the 2nd respondent. The said facility was provided taking into consideration their duties and also the fact that the employees have to reach by 2.30 am/3 am in the temples. 6. It is submitted that this Honourable Court further directed to furnish the details of the employees against whom there were similar allegations and working now in major temples under the management of the 2nd respondent Board. It is submitted that Order No. M4.3098/23 dated 25.07.2023 issued by the 3rd respondent placing an employee of Valanjambalam Temple, Ernakulam is produced herewith and marked as Annexure R2(e). This preliminary affidavit is filed in obedience to the directions issued by this Honourable Court in its order dated 24.08.2023 and this dependent may be permitted to file a detailed affidavit, if necessary, at a later point of time.” 12. Heard the learned Senior Government Pleader for the 1st respondent State and also the learned Standing Counsel for Cochin Devaswom Board for respondents 2 to 6. 13. Heard the learned Senior Government Pleader for the 1st respondent State and also the learned Standing Counsel for Cochin Devaswom Board for respondents 2 to 6. 13. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was enacted to make provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with the Cochin Devaswom Board. Clause (5) of Section 61 of the Act defines ‘incorporated and unincorporated Devaswoms’ to mean incorporated and unincorporated Devaswoms specified in Schedules I and II respectively of the Cochin Devaswom Verumpattom Settlement Proclamation, XXIII of 1118. Ernakulam Shiva Temple is a temple under Ernakulam Devaswom, which is an incorporated Devaswom under the management of the Cochin Devaswom Board. 14. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1) the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin. 15. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund. 16. Section 73A of the Act deals with the duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees. 17. Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of sub-section (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1st day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. Section 75 of the Act deals with superintendence and control by the Board. As per Section 75, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 18. As noticed in the order of this Court dated 24.08.2023, as evident from the files handed over by the learned Standing Counsel for Cochin Devaswom Board regarding the disciplinary proceedings initiated against Devaswom employees in temples under the management of Cochin Devaswom Board, the Devaswom employees, who found drunk while on duty in temple premises were reinstated in service with a warning or by withholding of increment or treating the period of suspension as a service break. 19. 19. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, the Cochin Devaswom Board is duty-bound to administer the affairs of the temples under its management, in accordance with the objects of the trust, the established usage and customs of such temples. The Board has a statutory duty to monitor whether the administrative staff and employees and also the employees connected with religious rites in such temples are functioning properly and to exercise supervision and control over their acts and proceedings. An improper act in the administration of such temples by the Board as a trustee could be questioned by a worshiper. 20. The State Legislature enacted the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 to make better provisions for the entry of all classes and sections of Hindus into places of public worship. In exercise of the powers conferred under Section 4 of the Act to make regulations for the maintenance of order and decorum and the due performance of rites and ceremonies in places of public worship, the State Government made the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965. In view of the provisions contained in clause (d) of Rule 3 of the said Rules, a drunken person shall not be entitled to enter or offer worship in any place of public worship or bath in or use the waters of any sacred tank, well, spring or water course appurtenant to a place of public worship, whether situate within or outside the precincts thereof, or any sacred place including a hill or hillrock or a road, street or pathway which is requisite for obtaining access to the place of public worship. 21. Therefore, the causal approach adopted by the 2nd respondent Cochin Devaswom Board, in matters in which Devaswom employees were found drunk in temple premises, as borne out from Board orders dated 04.10.2019, 12.04.2021 and 19.11.2022 and the order dated 25.07.2023 of the Devaswom Commissioner cannot be taken lightly. The deity being a perpetual minor, this Court has inherent jurisdiction to take appropriate steps for protecting and safeguarding the interests and the properties of the deity. The doctrine of parens patriae will apply in the exercise of such jurisdiction. 22. The deity being a perpetual minor, this Court has inherent jurisdiction to take appropriate steps for protecting and safeguarding the interests and the properties of the deity. The doctrine of parens patriae will apply in the exercise of such jurisdiction. 22. In view of the statutory provisions referred to hereinbefore, the 2nd respondent Cochin Devaswom Board in discharge of its statutory duty, ought to have taken stringent action against the Devaswom employees, who were found drunk in the temple premises, openly flouting the prohibitions contained in clause (d) of Rule 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, by imposing a proper punishment in the disciplinary proceedings initiated against them, instead of reinstating such employees with a warning, withholding of increment, etc. The lukewarm approach on the part of the 2nd respondent Board and the 3rd respondent Devaswom Commissioner is a reason for recurring such instances of misconduct by the Devaswom employees. Any default on the part of the 2nd respondent Board and the 3rd respondent Devaswom Commissioner in imposing a proper punishment to such employees would amount to breach of trust, since the status of the Board, in view of the provisions under Section 68 of the Travancore-Cochin Hindu Religious Institutions Act, in the matter of administration of incorporated and unincorporated Devaswoms under its management, is that of a trustee in the management of the properties and interest of the deity, who is a perpetual minor. The 2nd respondent Board shall also regulate the permission granted to the Devaswom employees to reside in the accommodation facilities available in the temple premises, in such a manner that the entry of such employees to the temple premises is not in violation of the prohibitory clause contained in clause (d) of Rule 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules. Any Devaswom employee found involved in any such violation shall be dealt with appropriately, in the disciplinary proceedings to be initiated against him, who shall be barred from availing any such accommodation facility in future, in any temple under the management of the Cochin Devaswom Board. The 2nd respondent Board shall issue necessary instructions in this regard, through the 3rd respondent Devaswom Commissioner, on receipt of a certified copy of this judgment. The Board and the Devaswom Commissioner shall ensure strict compliance of such directions, in letter and spirit. The 2nd respondent Board shall issue necessary instructions in this regard, through the 3rd respondent Devaswom Commissioner, on receipt of a certified copy of this judgment. The Board and the Devaswom Commissioner shall ensure strict compliance of such directions, in letter and spirit. With the above directions, this DBP is disposed of.