Suo Motu v. State Of Kerala, Represented By The Principal Secretary To Government, Revenue (Devaswom Department)
2024-06-04
ANIL K.NARENDRAN, HARISANKAR V.MENON
body2024
DigiLaw.ai
ORDER : Anil K. Narendran, J. This DBP is registered suo motu, in the matter of litigations pending before various courts in which Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party. 2. A learned Single Judge of this Court, while disposing of O.P.(C)No.246 of 2023, which was one filed under Article 227 of the Constitution of India, challenging the order dated 21.12.2021 of the Munsiff Court, Ottappalam in I.A.No.3348 of 2019 in O.S.No.208 of 2010, in which Cochin Devaswom Board is arrayed as the defendant, has stated that there is gross negligence on the part of the concerned officials of the Board in defending that suit, as evident from the facts stated in the 1st paragraph of the judgment dated 04.07.2023 in that original petition, which has to be enquired into by the Vigilance Officer of the Cochin Devaswom Board, for which a copy of the judgment was directed to be placed before the Honourable the Chief Justice to bring it to the notice of the Division Bench dealing with Devaswom matters. 3. On 19.07.2022, the Honourable the Acting Chief Justice directed Registry to place the matter on the judicial side before the Division Bench dealing with Devaswom matters. Accordingly, Registry placed the judges’ papers in O.P.(C)No.246 of 2023 before the Devaswom Bench on 21.07.2023. 4. On 21.07.2023, after hearing arguments of the learned Senior Government Pleader and the respective Standing Counsel for Cochin Devaswom Board, Travancore Devaswom Board and Guruvayur Devaswom Managing Committee, this Court directed Registry to initiate suo motu proceedings in relation to litigations pending before various courts in which Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party, in order to ensure that the interest and properties of the Devaswoms are protected and safeguarded by the respective Devaswom Board/Managing Committee and its officials, in discharge of their statutory duty. 5. On 04.08.2023, when this matter came up for consideration, the learned Senior Government Pleader and the respective Standing Counsel for Travancore Devaswom Board, Cochin Devaswom Board and Guruvayur Devaswom Managing Committee sought time to place on record individual affidavits of respondents 2 to 7. 6. An affidavit dated 30.09.2023 on behalf of the 7th respondent Senior Deputy Director, Guruvayur Devaswom Audit is placed on record by the learned Senior Government Pleader, producing therewith Annexures R7(a) to R7(i).
6. An affidavit dated 30.09.2023 on behalf of the 7th respondent Senior Deputy Director, Guruvayur Devaswom Audit is placed on record by the learned Senior Government Pleader, producing therewith Annexures R7(a) to R7(i). The learned Senior Government Pleader has filed another affidavit dated 18.11.2023 of the 3rd respondent Deputy Director in Cochin Devaswom Board Audit. Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has filed an affidavit dated 30.05.2024, on behalf of the 4th respondent Board. 7. Heard the learned Senior Government Pleader for respondents 1, 3, 5 and 7 and the respective Standing Counsel for 2nd respondent Cochin Devaswom Board, 4th respondent Travancore Devaswom Board and the 6th respondent Guruvayur Devaswom Managing Committee. 8. 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 subsection (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. 8.1. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in the Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. 8.2. Section 4 of the Act deals with the constitution of the Travancore Devaswom Board.
8.2. Section 4 of the Act deals with the 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. 8.3. 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. 8.4. 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 monitor whether the administrative officials 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 the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I 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. 8.5. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund.
As per Section 16, the Board shall, subject to the provisions of Part I 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. 8.5. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. 8.6. Section 27 of the Act deals with Devaswom properties. As per Section 27, immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in Schedule I after the 30th Meenam, 1097 corresponding to the 12th April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 shall be applicable to Devaswom lands as in the case of Government lands. 8.7. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board.
9. Chapter VIII of the Act deals with Cochin Devaswom Board. 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. 9.1. Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board under sub-section (1) of Section 62 shall be dealt with as Devaswom Properties. The provisions of the Kerala Land Conservancy Act, 1957 shall be applicable to Devaswom lands as in the case of Government lands. As per Section 62B, all unassigned lands belonging to the Devaswom under the sole management of the Board shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 and all the provisions of that Act shall, so far as they are applicable, apply to such lands. 9.2. 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. 9.3. Section 73A of the Act deals with 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. 9.4. 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 74 of the Act deals with superintendence and control by the Board. As per Section 64, 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. 9.5. Section 86 of the Act provides that alienation of property without sanction of Board void. As per sub-section (1) of Section 86, any exchange, sale, mortgage, pledge, lease or other alienation of the property of an institution executed or made or any debt contracted on its behalf, shall be void unless it is executed or made or contracted with the previous sanction of the Board or with the previous sanction of the Civil Court when in any suit, appeal or other proceedings in relation to the institution a Receiver has been appointed by the civil court for the management of the properties of the institution.
As per the proviso to sub-section (1) of Section 86, the court shall before granting or refusing such sanction give notice to the Board and hear the objections, if any, of the Board. As per sub-section (2) of Section 86, the Board may prefer an appeal to the High Court from the order passed by such court within thirty days of the order and such appeal shall be heard and disposed of by a Bench of not less than two Judges. As per sub-section (3) of Section 86, any person aggrieved by an order under sub-section (1) may appeal to the High Court within thirty days from the date of publication of the order in the Gazette and such appeal shall be heard and disposed of by a Bench of not less than two Judges. As per sub-section (4) of Section 86, every order of the Board under sub-section (1) shall be published in the Gazette. 10. The properties belonging to Sree Krishna Temple, Guruvayur, and the income derived therefrom, including the endowments and offerings are vested in the deity, Lord Guruvayurappan, a perpetual minor. A reading of the preamble of the Guruvayur Devaswom Act, 1978 will clearly show that the authorities constituted under the said Act, especially the Guruvayur Devaswom Managing Committee, the Administrator and the Commissioner are enjoined with duty to administer, control and manage the affairs of the Temple, its properties and endowments. 10.1. Clause (a) of Section 2 of the Act defines ‘Administrator’ to mean the Administrator appointed under Section 14. Clause (b) of Section 2 defines ‘Commissioner’ as an officer not below the rank of Secretary to Government, who professes the Hindu Religion and believes in temple worship, appointed by the Government by notification in the Gazette. Clause (c) of Section 2(c), ‘Committee’ means Guruvayur Devaswom Managing Committee constituted under Section 3. The function of the Committee is to administer, control and manage the Devaswom including its properties. 10.2. Section 4 of the Act deals with composition of Guruvayur Devaswom Managing Committee.
Clause (c) of Section 2(c), ‘Committee’ means Guruvayur Devaswom Managing Committee constituted under Section 3. The function of the Committee is to administer, control and manage the Devaswom including its properties. 10.2. Section 4 of the Act deals with composition of Guruvayur Devaswom Managing Committee. As per Section 4(1), the Committee shall consist of the Zamorin Raja; the Karanavan for the time being of the Mallisseri lllom at Guruvayoor; the Thanthri of the Temple, ex-officio; a representative of the employees of the Devaswom nominated by the Hindus among the Council of Ministers; not more than five persons, of whom one shall be a member of a Scheduled Caste, nominated by the Hindus among the Council of Ministers from among persons having interest in the Temple. 10.3. Section 10 of the Act deals with the duties of the Committee. As per Section 10(a), subject to the provisions of the Act and the Rules made thereunder, it shall be the duty of the Committee, subject to the custom and usage in the Temple, to arrange for the proper performance of the rites and ceremonies in the Temple and the subordinate temples attached thereto in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under Section 20 or, till the dittam or scale of expenditure is fixed under that Section, in accordance with the dittam or scale of expenditure fixed for the Temple and the subordinate temples under Section 51 of the Madras Hindu Religious and Charitable Endowments Act, 1951; and as per Section 10(a), to provide facilities for the proper performance of worship by the worshippers. 10.4. Section 11 of the Act deals with alienation of Devaswom properties. As per sub-section (1) of Section 11, no movable property of non-perishable nature which is in the possession of the Committee and the value of which is more than five thousand rupees and no jewellery shall be sold, pledged or otherwise alienated unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom. As per sub-section (2) of Section 11, any exchange, sale or mortgage and any lease of any immovable property belonging to or given or endowed for the purposes of the Devaswom shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom. 10.5.
As per sub-section (2) of Section 11, any exchange, sale or mortgage and any lease of any immovable property belonging to or given or endowed for the purposes of the Devaswom shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom. 10.5. Sub-section (3) of Section 11 of the Act provides that before according sanction under sub-section (1) or sub-section (2), the Commissioner shall publish the particulars relating to the proposed transaction in such manner as may be prescribed inviting objections and suggestions with respect thereto and shall duly consider all objections and suggestions received from the Committee or other persons having interest in the Temple. As per sub-section (4) of Section 11, when according sanction under sub-section (1) or sub-section (2), the Commissioner may impose such conditions and give such directions as he may deem necessary regarding the utilisation of the amount raised by the transaction, the investment thereof and, in the case of a mortgage, regarding the discharge of the same within a reasonable period. 10.6. As per sub-section (5) of Section 11 of the Act, a copy of the order made by the Commissioner shall be communicated to the Government and to the Committee and shall be published in such manner as may be prescribed. Sub-section (6) of Section 11 prescribes that the Committee may, within three months from the date of receipt by it of a copy of the order, and any person having interest in the Temple may, within three months from the date of publication of the order, institute a suit in the Court to modify the order or set it aside. 10.7. As per sub-section (7) of Section 11 of the Act, notwithstanding anything contained in sub-section (1), no antiquity belonging to the Devaswom shall be sold, pledged or otherwise alienated.
10.7. As per sub-section (7) of Section 11 of the Act, notwithstanding anything contained in sub-section (1), no antiquity belonging to the Devaswom shall be sold, pledged or otherwise alienated. As per Explanation to sub-section (7) of Section 11, for the purposes of this sub-section, ‘antiquity’ shall mean (a)(i) any coin, sculpture, painting, epigraph or other work of art or craftsmanship; (ii) any article, object or thing detached from a building or cave; (iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages; (iv) any article, object or thing of historical interest, which has been in existence for not less than one hundred years; and (b) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years. 10.8. Section 28 of the Act provides that Committee to be in possession of Devaswom properties. As per sub-section (1) of Section 28, the Committee shall be entitled to take and be in possession of all movable and immovable properties including jewellery, records, documents and other assets belonging to the Devaswom. If in obtaining such possession, the Committee or any person authorised in this behalf by the Committee, or the Administrator is resisted or obstructed by anyone, the Committee or the Administrator, as the case may be, may make a requisition in the prescribed form to the Collector of the district in which any such property is situate to deliver possession thereof to the Committee or the Administrator, as the case may be. 11. 'Deva' means God and 'Swom' means Ownership in Sanskrit and the term 'Devaswom' denotes the property of God in common parlance. See: Prayar Gopalakrishnan v. State of Kerala reported in [ 2018 (1) KLT 478 ]. 12. In Travancore Devaswom Board v. Mohanan Nair [ 2013 (3) KLT 132 ] a Division Bench of this Court noticed that in A.A. Gopalakrishnan v. Cochin Devaswom Board [ (2007) 7 SCC 482 ] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol.
The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court, therefore, is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957, viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings. 13. In Abu K.S. v. Travancore Devaswom Board [2022:KER:6409 : 2022 SCC OnLine Ker 1642] a Division Bench of this Court, in which both of us were parties, was dealing with a case in which Kuthaka right for running Aymanam Sri. Narasimha-swami Auditorium (sadyalayam) constructed by the Travancore Devaswom Board was auctioned for a period of two years. The writ petitioner, who was the successful bidder, remitted only 50% of the auction amount on 18.07.2019. Though he had defaulted payment of the balance amount of Rs.1,20,500/-, he was permitted to continue to occupy the sadyalayam, even beyond the period of auction, i.e., beyond 31.07.2021. The concerned Assistant Commissioner and the Sub Group Officer have not taken any action against him till the order of this Court dated 01.02.2022, whereby they were directed to take over possession of the sadyalayam forthwith, if found necessary with police assistance. In the said decision, relying on the decision of the Apex Court in M.V. Ramasubbiar v. Narasimachary [ (1979) 2 SCC 65 ], this Court found that, the concerned officers of the Travancore Devaswom Board, who have permitted the successful bidder (who has remitted only 50% of the auction amount) to continue to occupy the sadyalayam, even beyond the period of the auction, have not shown reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. 14.
14. In Suneesh K.S. v. Travancore Devaswom Board and others [ILR (2022) 1 Ker 1091 : 2022:KER:5139] a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, was dealing with the Kuthaka right to sell pooja items in the premises of Valliamkavu Devi Temple, which is under the management of the Travancore Devaswom Board. In the said decision, this Court held that the properties of deities and temples are required to be protected and safeguarded from usurpation or encroachment in any manner. Persons entrusted with the duty to manage such properties should be vigilant to prevent such usurpation or encroachment. When such usurpation or encroachment is possible only with the passive or active collusion of the authorities concerned, such acts of ‘fence eating the crops’ should be dealt with sternly. The officers concerned and the devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from usurpation or encroachment, wrongful claims or misappropriation. Therefore, the concerned Assistant Commissioner and the Administrative Officer were directed to take stern action against those who have defaulted payment of installments in respect of Kuthaka items, in violation of the tender conditions, if found necessary, after seeking police assistance. In the said decision, it was made clear that, if any such request is received, it is the duty of the concerned Station House Officer to render necessary assistance to the concerned Assistant Commissioner or the Administrative Officer, in order to protect and safeguard the properties of deities and temples from usurpation or encroachment in any manner. 15. The role assigned to the Travancore Devaswom Board, Cochin Devaswom Board and also the Guruvayur Devaswom Managing Committee is that of a trustee in management of the properties vested in the deity. Therefore, the Board/Managing Committee is duty bound to scrupulously follow the stipulations contained in the Travancore-Cochin Hindu Religious Institutions Act, 1950/Guruvayur Devaswom Act, 1978, and to administer and manage the Devaswoms and its properties in accordance with the settled legal principles relating to administration of Hindu religious trusts. The Board/Managing Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duty with utmost care and caution. 16.
The Board/Managing Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duty with utmost care and caution. 16. In the matter of Audit Report of the Travancore Devaswom Board for the year 1967-68 [Sabarimala Improvement Fund] reported in [ 1990 (1) KLT 347 ], in the context of Section 32 of the Travancore-Cochin Hindu Religious Institutions Act, which deals with audit, a Division Bench of this Court reminded the President and Members of the Travancore Devaswom Board about their public accountability. In the said decision it was made clear that it is for all persons concerned to see that greater vigil is exercised by the President and Members of the Board in the overall administration of the Board and in the collection and disbursement of funds. 17. Section 102 of the Travancore-Cochin Hindu Religious Institutions Act deals with audit of accounts of Cochin Devaswom Board. As in the case of Travancore Devaswom Board, the audit of accounts of Cochin Devaswom Board shall be made by the Auditors appointed by this Court. In terms of the orders of this Court, the audit of accounts of Travancore Devaswom Board and Cochin Devaswom Board is done by the Kerala State Audit Department. Section 23 of the Guruvayur Devaswom Act, 1978, deals with audit of accounts of Guruvayur Devaswom Managing Committee. As per sub-section (2) of Section 23, the accounts of the Devaswom shall be subject to concurrent audit, i.e., the audit shall take place as and when the expenditure is incurred. In terms of the provisions contained in sub-section (3) of Section 23, the audit of accounts is also done by the Kerala State Audit Department. In view of the statutory provisions contained in Chapter XI of the Travancore-Cochin Hindu Religious Institutions Act and Chapter IV of Guruvayur Devaswom Act, it is for all persons concerned to see that greater vigil is exercised by the President and Members of the Cochin Devaswom Board and the Chairman and Members of Guruvayur Devaswom Managing Committee in the overall administration of the Devaswom Board/ Managing Committee and in the collection and disbursement of funds. 18. The status of Travancore Devaswom Board, Cochin Devaswom Board and Guruvayur Devaswom Managing Committee is that of a trustee in management of the properties vested in the deity.
18. The status of Travancore Devaswom Board, Cochin Devaswom Board and Guruvayur Devaswom Managing Committee is that of a trustee in management of the properties vested in the deity. The Devaswom Board/Managing Committee, which functions as a trustee, is bound to administer, control and manage the properties belonging to Guruvayur Devaswom in accordance with public interest and in the interest of the worshippers. The Devaswom Board/Managing Committee has a statutory duty to ensure that the interest and properties of the Devaswoms under its management are protected and safeguarded in the litigations pending before various courts, in which the said Devaswom Board/Managing Committee is a party, failing which the Board/ Managing Committee can be proceeded against for ‘breach of trust’. Gross negligence on the part of the concerned officials in prosecuting or defending the litigations pending before various courts and protecting and safeguarding the interest and properties of the Devaswoms shall be dealt with appropriately by the Board/Managing Committee. 19. During the course of arguments, the learned Standing Counsel for the Travancore Devaswom Board would point out the relevant provisions contained in the Travancore Devaswom Manual (Vols.1 and 2) on the duties and responsibilities of the Assistant Devaswom Commissioner and Law Officer, with specific references to Clauses 14 (I) of Chapter XV (Vol.I), Clauses 13 to 17 of Chapter XV (Vol.II), etc., which deal with the duties of such officers in connection with suits and other legal proceedings. The learned Standing Counsel for Cochin Devaswom Board would submit that similar provisions are absent in the Cochin Devaswom Manual. The learned Standing Counsel for Guruvayur Devaswom Managing Committee would also point out the absence of similar provisions in the case of Guruvayur Devaswom. When the status of Cochin Devaswom Board and Guruvayur Devaswom Managing Committee is that of a Trustee in management of the properties vested in the Deity, the Devaswom Board/Managing Committee has a duty to ensure, as in the case of Travancore Devaswom Board, that the interest and properties of the Devaswoms under its management are protected and safeguarded in the litigations pending before various courts, in which the Devaswom Board/Managing Committee is a party, failing which they shall be proceeded against for breach of trust. 20.
20. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this DBP with the following directions; i) In the case of the 4th respondent Travancore Devaswom Board, the respective Assistant Devaswom Commissioners holding charge of 20 Groups shall submit monthly reports before the Law Officer of the Board, on or before the 10th day of next month, showing the status of litigations pending before various courts, Tribunals, etc., relating to the properties and interests of the Devaswoms and institutions under the management of the Board, which were listed before the concerned courts, Tribunals, etc., during the previous month. Based on such monthly reports from the Assistant Devaswom Commissioner, the Law Officer shall submit quarterly reports before the Board, which shall be placed before the President and Members of the Board, at the earliest, not later than one month from the expiry of each quarter. After considering such reports, the Board shall issue necessary directions to ensure the proper conduct of litigations in courts, Tribunals, etc., relating to the properties and interests of the Devaswoms and institutions under its management. The action taken by the Board on such reports shall be brought to the notice of the learned Ombudsman by filing half-yearly reports by the Secretary of the Board, which shall be considered by the learned Ombudsman with notice to the Joint Director, Kerala State Audit Department, Travancore Devaswom Board Audit. In case interference of this Court is necessary in any such matter, the learned Ombudsman shall submit report before this Court seeking appropriate directions. The action taken on such quarterly reports shall be mentioned in the periodical reports being filed by the learned Ombudsman before the Devaswom Bench. ii) In the case of the 2nd respondent Cochin Devaswom Board, the Law Officer of the Board, who is co-ordinating all litigations pending before various courts, Tribunals, etc., relating to the properties and interests of the Devaswoms and institutions under the management of the Board, shall submit monthly reports before the Board in respect of cases, which were listed before the concerned courts, Tribunals, etc., during the previous month. Such monthly reports received in each quarter shall be placed before the President and Members of the Board, at the earliest, not later than one month from the expiry of each quarter.
Such monthly reports received in each quarter shall be placed before the President and Members of the Board, at the earliest, not later than one month from the expiry of each quarter. After considering such reports, the Board shall issue necessary directions to ensure the proper conduct of litigations in courts, Tribunals, etc., relating to the properties and interests of the Devaswoms and institutions under its management. The action taken by the Board on such reports shall be brought to the notice of the learned Ombudsman by filing half-yearly reports by the Secretary of the Board, which shall be considered by the learned Ombudsman with notice to the Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit. In case any interference of this Court is necessary in any such matter, the learned Ombudsman shall submit report before this Court seeking appropriate directions. The action taken on such quarterly reports shall be mentioned in the periodical reports being filed by the learned Ombudsman before the Devaswom Bench. iii) In the case of the 6th respondent Guruvayur Devaswom Managing Committee, the Assistant Manager (Suits), who is co-ordinating all litigations pending before various courts, Tribunals, etc., relating to the properties and interests of the Guruvayur Devaswom and institutions under its management, shall submit monthly reports before the Administrator, in respect of cases, which were listed before the concerned courts, Tribunals, etc., during the previous month. The Administrator shall submit such monthly reports to the Managing Committee before the 10th day of next month. Such reports received in each quarter shall be placed before the Chairman and Members of the Managing Committee, at the earliest, not later than one month from the expiry of each quarter. After considering such reports, the Managing Committee shall issue necessary directions to ensure the proper conduct of litigations in courts, Tribunals, etc., relating to the properties and interests of the Devaswoms and institutions under its management. The action taken by the Managing Committee on such reports shall be brought to the notice of this Court by filing half-yearly reports by its Administrator, which shall be placed before the Devaswom Bench immediately after the filing of such reports, with notice to the Joint Director, Kerala State Audit Department, Guruvayur Devaswom Audit, which shall be numbered as reports in this DBP. With the above directions, this DBP is disposed of.