TaxTMI 
TaxTMI 
1994 (1) TMI 312
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.... House, P.O. Nhamanghat, via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, misadministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11-2-1993, treated the said communication of Shri C.K. Rajan as an original petition under Article 226 of the Constitution of India and posted the matter before this Bench for passing appropriate orders. By order dated 12-2-1993, this Bench admitted the original petition and ordered notice to the respondents mentioned in paragraph 6 of the said order. Originally, there were only four respondents. The other respondents were subsequently impleaded, either on their own application or suo motu by this Court. Prima facie, the allegations highlighted in the communication of Shri C.K. Rajan dated 3-2-1993 were found to be serious requiring a per examination and an in....
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....ed/to be raised by these parties. (iii) The appointment, tenure of office and other conditions of service of the Administrator and other officers connected with the Guruvayur, as are provided by law shall be kept in view while passing any orders concerning these officers. The High Court is requested to conclude the proceedings expeditiously and if possible, within six months from today. Again, in S.L.P. No. 3231 of 1993, Their Lordships Mr. Justice R.M. Sahai and Mr. Justice N. Venkatachala, by order dated 10-5-1993, adverted to the earlier order passed by the Court on 26-3-1993 and dismissed the special leave petition with the following observations: "Learned counsel for the petitioner urged and vehemently pleaded for restraining the Enquiry Commissioner from submitting his final report as in that case the High Court may not decide the preliminary objection raised on their behalf that there being a detailed procedure provided in the Statute, the High Court should not have exercised its extra ordinary jurisdiction. We do not find any justification for such apprehension. In the result, this petition fails and is dismissed". 3. The Chairman of the Gur....
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....ts. Part I deals with introduction, Shri Rajan's complaints, a survey of general matters and the conclusion and the summing up about all matters dealt with in the interim reports. It contains 20 different Chapters. Chapters I to XIX deal with various specified matters and Chapter XX is appendices to Part I containing various records, which are relevant for understanding the final report. Chapters I to XIX are in pages 1 to 233 and Chapter XX contains 1 to 152 pages. Part II of the final report contains all the fifteen interim reports -- pages 1 to 303. The final report makes the above fifteen interim reports as part thereof. The details of the interim reports are as follows: Number of the reports. Date interim Subject dealt with therein Date of the order passed by Court on the interim reports Objections, if any, filed by the parties (1) (2) (3) (4) (5) 1 of 1993 15-2-1993 General -- Records showing the 16-2-1993, first visit of the Commissioner to 17-2-1993, Guruvayur 22-2-1993. No objections. 2 of 1993 10-3-1993 Gokulam -- Vengad Estate 11-3-1993 ....
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.... College -- Contract given to one Shri K. N. Madhusoodhanan. _ do do dated 18-9-93 15 of 1993 2-9-1993 Report relating to enquiry into the allegations in respect of delay in reinvestment of Indira Vikas Patra - do do dated 17-10-93 Besides the above, the Government (first respondent) and the Commissioner for Guruvayur Devaswora (second respondent) had filed general objections. The various recommendations on the above interim reports by the Commissioner are contained at pages 202 to 205 of Part I of the final report. They are as follows: Action suggested Interim Report No. 1 Nil Interim Report No. 2 Explanation to be called for from the Committee. Interim Report No. 3 Explanation to be called for from Shri Harikrishna Menon, P. A. (Fin.) and explanation to be called for from Temple Kalavara Clerk, Koima concerned. Interim Report No. 4 Nil Interim Report No. 5 Notice to be issued to all Managing Committee members calling for explanation for changing the plan and also not fixing the rates of reconstruction. Call for explanation from members of the Committee and the Commissioner. Interim Report No. 6 Explanation t....
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....3 praying for time to file objections. By ordered dated 12-10-1993, we granted three weeks time. Though the time so granted by this Court had expired, no objection or statement was filed on behalf of the State of Kerala, when the matter came up before this Court on 2-11-1993. After adverting to the order passed by the Supreme Court dated 26-3-1993, as a last chance, we granted two weeks time to the State of Kerala to file its statement or objection to the final report on or before 16-11-1993 and posted the case for hearing on 17-11-1993. Again the parties applied for time on 17-11-1993 and we adjourned the hearing of the matter to 24-11-1993. The hearing accordingly began on 24-11-1993. It was heard on many days. Hearing was over on 20-12-1993. 8. The third respondent Committee has filed the following statements to the interim reports: No. of the interim reports Date of the statement 3 5-4-1993 4 17-10-1993 6 17-10-1993 7 17-10-1993 8 17-10-1993 9 17-10-1993 10 17-10-1993 11 17-10-1993 12 17-10-1993 13 17-10-1993 14 18-9-1993 15 17-10-1993 The first respondent -- State of Kerala -- has filed t....
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....Pleader who appeared for respondents 1 and 2 agreed with many of the recommendations made by the Commissioner appointed by this Court. Counsel appearing for the other parties also substantially agreed with the various recommendations of the Commissioner. So, we indicated during many of the hearings and also passed an order on 17-12-1993 informing all counsel that it will be desirable if a statement in writing is filed by the respective counsel regarding (i) the recommendations made by the Commissioner which are not accepted, and (ii) the recommendations on which partial modifications or amendments are required. We further stated that if such a statement is filed regarding the recommendations or suggestions objected to or modifications sought, all others will in effect stand accepted. We passed an order directing the parties in the original petition, especially respondents 1, 2 and 3, to file statements in writing as to which of the recommendations they are objecting in whole and which of the recommendations they are objecting in part. Parties were directed to file their statements on or before 20-12-1993. Accordingly, the Guruvayur Devaswom Commissioner (2nd respondent) has filed a....
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....ld Act as volatile of Articles 25 and 26 of the Constitution. It further states that if the administration and control of the temple is vested in the hereditary trustees, the same situation which had rendered it necessary, to pass the old Act would again arise and it is in the public interest and in the interests of the worshippers of the temple, the new Act is passed for the proper administration of the Devaswom in accordance with law. Section 3 of the Act enacts that the administration, control and management of the Devaswom shall be vested in a Committee constituted as per the Act. The Committee shall be a body corporate and shall have perpetual succession and a common seal; it may sue in its own name and may be sued through the Administrator. As per Section 4 the Committee is to consist of (a) the Zamorin Raja, (b) the Karanavan for the time being of the Mallisseri Illam at Guruvayur, (c) the Thanthri of the temple, ex-officio, (d) a representative of the employees of the Devaswom nominated by the Hindus among the Council of Ministers, and (e) 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 f....
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....to the Commissioner. Chapter III of the Act relates to the administration and establishment. Section 14 empowers the Committee to appoint an officer of the Government not below the rank of a Deputy Collector to be the Administrator of the Devaswom from among a panel of names furnished by the Government. The Administrator should be a person professing Hindu Religion and having belief in temple worship. Section 15 provides for the conditions of service of the Administrator. The Government is entitled to appoint an officer of the Government not below the rank of a Deputy Collector to be in additional charge of the office of the Administrator when the post is Vacant. Section 17 enumerates the powers and duties of the Administrator. The Administrator is required under Section 18 to prepare and submit an establishment schedule to the Committee showing the duties, designations, grades, etc. of the officers and employees of the Devaswom and the Committee is required to forward the same to the Commissioner with us recommendations. The Commissioner is entitled to make such modifications as are found necessary and the schedule would come into force on its approval by the Commissioner with or ....
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....y out the purposes of the Act. The Committee is authorised under Section 39 to make regulations not inconsistent with the provisions of the Act and the Rules made thereunder to provide for the manner in which the duties imposed on it under the Act and its functions thereunder are to be discharged. Section 40 enacts that the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 shall cease to apply to the Guruvayur Devaswom. Section 41 repeals the Guruvayur Devaswom Act, 1971 and saves the orders passed, decision made, etc. under the repealed Act in so far as they are not inconsistent with the provisions of the new Act. As per Section 42, the Committee constituted under Section 4 shall be the successor of the Renovation Executive Committee constituted under the old Act. Section 43(1) repeals the Guruvayur Devaswom Ordinance, 1977 and under Sub-section (2) anything done or any action taken under the Ordinance shall be deemed to have been done or taken under the new Act". 12. For the purpose of this original petition, we have to deal, in more detail, with some important provisions of the Act and the Rules made thereunder, which were highlighted by counsel in ....
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.... of standard scales of expenditure, dittam, etc. The Commissioner may direct that the proposals shall be published and invite objections from any person having interest in the temple. Under Section 20(3), after scrutinising the objections and suggestions made by persons having interest in the temple and adverting to the remarks of the Committee, the Commissioner may pass orders thereon. Section 21 deals with budget. Before the end of March in each financial year, the Committee shall submit a budget to the Commissioner containing details envisaged by Section 21(2) of the Act. Under Section 21(3), the Commissioner may, after considering the representations, make alterations or additions as he deems fit. He shall send a copy of the budget as approved by him to the Government (Section 21(4)). Section 22 envisages revised or supplementary budget. The same should be submitted to the Commissioner. Under Section 24, after completing the audit for any year or shorter period or for any transactions as he deems fit, the auditor shall send a report to the Commissioner. Under Section 25(2), the auditor shall also submit a report on such other matters relating to the accounts as may be prescribe....
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....ecords of the Commissioner or of the Committee in respect of any proceeding and pass orders to see that the provisions of the Act are not violated. It is a supervisory power of revision. Section 38 enables the Government to frame rules to carry out the purposes of the Act. Mr. T. P. Kelu Nambiar, amicus curiae appointed by this Court, highlighted the above provisions for his submission that the Commissioner is an important statutory functionary under the Act and is 'part and parcel of the administration'. He also submitted that the Government have got overall supervisory power to see that the provisions of the Act are properly implemented and the administration is carried on properly. Mr. Nambiar also laid emphasis on Sections 10 and 27 of the Guruvayur Devaswom Act, 1978 which deal with the duties of the Guruvayur Devaswom Committee and the authority of the Committee to incur expenditure for specified purposes. The provisions of Sections 10 and 27 will have a great bearing in adjudicating many acts of mismanagement, maladministration and unauthorised and illegal acts of the Committee as found by the Commissioner in Interim Report Nos. 1 to 15 and in the final report. We ma....
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....ings for their accommodation; (d) culture and propagation of the tenets and philosophy associated with the temple; (e) the establishment and maintenance of or the making of any grant or contribution to, any poor home or other similar institution which is maintained for the benefit mainly of persons belonging to the Hindu community; (f) the establishment and maintenance of any educational institution which provides for encouragement of education in the Sanskrit language or the maintenance of any such educational institution owned or managed by the Devaswom or in which the Devaswom has interest; and (g) the making of any contribution to any religious institution: Provided that nothing contained in Clause (e) shall prevent the continuance of any grant or contribution to any poor home or other similar institution which is maintained by or for the benefit of persons other than those belonging to the Hindu community, if such grant or contribution was being made to such poor home or institution before the commencement of this Act as the customary practice associated with the temple. Provided further that no expenditure shall be incurre....
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.... and it is in the interest of all concerned that the matter is enquired into and if it is found necessary, remedial action is taken. So, this Court appointed Shri S. Krishnan Unni, District Judge, as Special Commissioner to make a general enquiry and make a study on the various aspects, examine the records, persons and other materials and submit a report. The order so passed by this Court on I2-2-I993 was assailed in two special leave petitions filed before the Supreme Court and the special leave petitions were dismissed with certain observations, which are adverted to in paragraph 2 supra. The public interest litigation so initiated was approved by the Supreme Court. The Commissioner appointed by this Court filed fifteen interim reports and also a final report, after examining various persons, records and other circumstances. Many acts of omissions and commissions of the administration have come to light. Respondents 1 to 3, who initially took a stand against the enquiry, later stated that many recommendations and proposals of the Commissioner are welcome and they are prepared to implement such recommendations. The matter has gone a long way and has brought to light realities whic....
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....ature that it calls for examination, the availability of alternative remedy will never prevent the Court nor will it fetter the exercise of jurisdiction under Article 226 of the Constitution of India. Therefore, we are of the view that the plea of availability of alternative remedy on the facts of this case, has no substance. We shall also indicate in the latter portion of this judgment as to how far the (internal) remedy provided by the Act is ineffectual or dilatory and have not or will not serve the purpose in the instant case. 16, It is settled law that the bar relating to alternate remedy is a rule of self-imposed limitation by the Courts -- a rule of policy and expediency, convenience and discretion. We are of the view that in cases where there are allegations of infringement of fundamental rights or the pursuit of alternate remedy is a meaningless ritual or an empty formality or the alternate remedy is not equally efficacious or there is violation of the principles of natural justice or fairness, the alternate remedy is never a bar. We are also of the view that in a public interest litigation, the entire complexion changes and the availability of alternate remedy sinks in....
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....ns patriae is the constitutional trustee'. While the jurisdiction of the court of Chancery over charitable foundations and gifts was in general conterminous with that over trusts of every kind, in one respect it had a jurisdiction peculiar to charitable trusts, in that wherever there was an intention to create a trust in favour of charity, the Court would give effect to the intention, in the first place by validating a defective gift and subsequently by reforming the trusts, if necessary, so that the donor's paramount intention might be perpetually observed. This was an inherent jurisdiction, not conferred by statute, and now vested in the High Court of Justice and assigned to the Chancery Division". Reference was made to the following passage occurring in Snell's Principles of Equity 28th Edition, pages 210 and 211: "Apart from statute, the court has an inherent jurisdiction to remove a trustee and to appoint a new one in his place. As the interests of the trust are of paramount importance to the court, this jurisdiction will be exercised whenever the welfare of the beneficiaries requires it, even if the trustees have been guilty of no misconduct". The f....
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....plaintiff, whether he is acting alone ex officio as the officer of the Crown and, as such, the protection of charities, or ex relations, that is to say, at the request of a private individual called a 'relator' who thinks that the charity is being or has been abused. The Attorney General does not come before the court as a plaintiff asserting a private right but as an officer of the Crown informing the Judge, another officer of the Crown, of some breach of trust or neglect of duty on the defendant's part in the management and administration of charities which requires to be remedied. That is why such actions were called 'information' -- a name which was dropped only after the Supreme Court of Judicature Act, 1871" ".......from very early times the religious and charitable institutions in this country came under the protection of the ruling authority. There is indeed no clear written texts directly bearing on the subject and the text of Narada, which says that 'a king can reduce to slavery a Sanyashin who is guilty of incontinence', may conceivably suggest only in a vague way that the King had some sort of jurisdiction over religious bodies and i....
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....rs. In Attorney General v. St. Cross Hospital (1853) 51 ER 1103, Sir Samuel Romilly observed as follows: "The only remaining point then on this part of the case is whether the jurisdiction of this Court is taken away by reason of the visitor-ship of the Bishop of Winchester. If this were the law it would be very unfortunate, for it does not require the history of this case to teach us that the visitor ship vested in any one, whether a corporation sole or aggregate or the heir of the founder is a mere nominal office, the duties and functions of which are rarely if ever spontaneously performed. But the law is not so. Where there is a clear and distinct trust, this Court administers and enforces it as much whether there is a visitor as where there is none. This is clear both on principle and on authority." To somewhat the same effect is the decision by the Madras High Court is Sitharama Chetty v. Sir S. Subramania Ayyar ILR 39 Mad 700 : AIR 1917 Mad 551, where it was held that in spite of there being a committee constituted under the Religious Endowments Act, the Court has jurisdiction to frame a scheme under Section 92 of the C.P.C., 1908 and introduce changes in th....
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....'inherent power' to initiate action, probe into the matter and set right the abuses by a remedial action in the case of charitable and religious trusts or deities as guardian of such juridical entities. This is a 'reserve power' vested in Courts to protect the interests of persons, who, by themselves, cannot initiate proceedings and safeguard their interests. We are inclined to take such a view. But so far as this case is concerned, it is unnecessary to call in aid such power since this Court has already initiated this action under Article 226 of the Constitution of India. 18. We shall now inform ourselves as to the value and weight to be placed on the report submitted by the Commissioner appointed by this Court, Shri Krishnan Unni, District Judge. Shri Krishnan Unni is a senior Selection Grade District Judge with considerable experience and background. He is a judicial officer of repute and credibility. None of the parties, who appeared before us, at any point of time, questioned the capacity, credibility and integrity of Shri Krishnan Unni. The Commissioner has submitted" fifteen interim reports and the final report in two volumes. He has taken enormous pains t....
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....ourt to act as an expert and to overrule the elaborate report of a Commissioner whose integrity and carefulness are unquestioned, whose careful and laborious execution of his task was proved by his report, and who had not blindly adopted the assertions of either party." The above is the position in law uninfluenced in any manner by the provisions of the Code of Civil Procedure. 19. The Supreme Court of India had occasion to consider the jurisdiction of the Courts in exercising the powers under Articles 32 and 226 of the Constitution of India in appointing Commissioners and the evidential value of such reports in such proceedings. The matter arose in a public interest litigation. In Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802, Bhagwati, J. at page 816 (paragraph 14) of the judgment stated thus: "The report of the Commissioner would furnish prima facie evidence of the facts and data gathered by the Commissioner and that is why the Supreme Court is careful to appoint a responsible person as Commissioner to make an enquiry or investigation into the facts relating to the complaint. It is interesting to note that in the past the Supreme Court has appointed some....
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....ts of the said Commissioners have not been tested by cross-examination, but then the record does not show whether any attempt was made by the respondents to call them for cross-examination. The further question whether the appointment of the Commissioners falls within the terms of Order XLVI of the Supreme Court Rules, 1966 is of technical significance only, because there was inherent power in the Court, in the particular circumstances of this case to take that action." Amarendra Nath Sen, J. in a concurring judgment, at page 849 (paragraph 81) stated the law thus: "The power to appoint a commission or an investigating body for making enquiries in terms of directions given by the Court must be considered to be implied and inherent in the power that the Court has under Article 32 for enforcement of the fundamental rights guaranteed under the Constitution. This is a power which is indeed incidental, or ancillary to the power which the Court is called upon to exercise in a proceeding under Article 32 of the Constitution. It is entirely in the discretion of the Court, depending on the facts and circumstances of any case, to consider whether any such power regarding investig....
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....ulness are not questioned, whose careful and laborious execution of his task is proved by the report itself, interference will be made only in exceptional circumstances, in cases where convincing evidence contra is available before court. 20. In the light of the above principle, we have to evaluate the importance to be given to the report filed by the Commissioner. As stated already, Shri Krishnan Unni is a very responsible, experienced and credible judicial officer. His competency, credibility and capacity were never questioned. He has done his job with utmost care and has gone into details with utmost circumspection, after going into all aspects reasonably, fairly and objectively. We should say that the Commissioner has done a commendable job in a very short span of six months. He has entered findings and has made recommendations based on proper material, inclusive of the inferences drawn from the various facts and circumstances. We hold that, prima facie, the reports submitted by the Commissioner are acceptable and constitute evidence in the case, on the basis of which this Court will be entitled to proceed further. We should bear in mind that respondents 1,2 and 3 only filed....
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....n. The facts brought to the notice of this Court were of such a nature that it called for a detailed probe and scrutiny in the entire administration. So, this Court passed an order on 12-2-1993 directing the Commissioner to make a general enquiry and in particular make a study on the various aspects highlighted by the complainant, Shri C. K. Rajan. The Commissioner appointed by this Court was directed to submit a report or reports, from time to time, and suggest overall remedial actions or measures also. We are aware that there are inherent limitations in the exercise of jurisdiction by this Court in public interest litigations. We are further aware of the fact that we should be extremely circumspect in the matter and unless the lapses or mismanagement and other acts highlighted, either in the petition or by the Commissioner, have foundation and are bona fide and that 'public interest' demands action, we should restrain ourselves while passing orders or giving directions. There are innumerable decisions of the Supreme Court in the matter. It is unnecessary to refer to all of them. The broad guidelines or principles laid down in the following important decisions of the Supre....
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....itutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the Court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High-Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in this Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. . . This Court will readily respond even to a letter addressed by such individual acting pro-bono publico. . . Today a vast revolution is taking place in the judicial process; the theatre of the law is fast changing and the problems of the poor are coming to the forefront. The Court has to innovate new methods and devise new strategies for the purpose of providing access to justice to large masses of people who are denied their basic human rights and to whom freedom and liberty have no meaning. The only ....
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.... public injury. . . It is not, in my view, a sufficient answer to say that judicial review of the actions of officers or departments of central government is unnecessary because they are accountable to Parliament for the way in which they carry out their functions. They are accountable to Parliament for what they do so far as regards efficiency and policy, and of that Parliament is the only Judge; they are responsible to a Court of Justice for the lawfulness of what they do, and of that the Court is the only Judge." In People's Union for Democratic Rights v. Union of India AIR 1982 SC 1473 at pages 1476 and 1477 (paras 2 and 3 of the judgment), the law was stated thus :-- ". . .Public interest litigation is brought before the Court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest which demands that violations of constitutional or legal rights of large number of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed. That would be destructive of the Rule of Law whi....
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....he weaker sections their rights and entitlements. When the Court entertains public interest litigation, it does not do so in a cavillier spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempt is only to ensure observance of social and economic rescue programmes, legislative as well as executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic human rights, which is also the constitutional obligation of the executive. The Court is thus merely assisting in the realisation of the constitutional objectives. . . It is clear on the plain language of Clause (1) of Article 32 that whenever there is a violation of a fundamental right, any one can move the Supreme Court for enforcement of such fundamental right. Of course, the Court would not, in exercise of its discretion, intervene at the instance of a meddlesome interloper or busybody and would ordinarily insist that only a person whose fundamental right is violated should be allowed to activise the Court, but there is no fetter upon the power of the Court to entertain a proceeding initiated by any person ....
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....urpose of obtaining information on a matter which the Division Bench regarded and in our opinion rightly as necessary for eradicating the evil practice of ragging which is not only subversive of human dignity but also prejudicially affects the interests of the students and the discipline in the Campus and no exception could have been taken to it because it would have left the State Government free to decide whether or not to initiate any legislation on the subject and not mandatorily required the State Government to initiate any such legislation..... . what the Division Bench intended was not merely to obtain information as to what action the State Government proposed to take but to obligate the State Government to faction by way of initiation of legislation against ragging. The direction given by the Division Bench was really nothing short of an indirect attempt to compel the State Government to initiate legislation with a view to curbing the evil of ragging, for otherwise it is difficult to see why, after the clear and categorical statement by the Chief Secretary on behalf of the State Government that the Government will introduce legislation if found necessary and so advised, th....
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....essary to keep the judiciary in tune with the legislative intention. Having regard to the observations made in this case at page 161 to 163 of the report in the light we read the present order, we do not think that the learned Judges of the Himachal Pradesh High Court have transgressed this jurisdiction of supervising executive action in view of the time taken to construct this road. 33. The only other aspect, which is the third aspect, is the direction of the court to report to the court what progress had been done. In our opinion, if we read the order properly, the court's direction was not intended to supervise the action taken and to enforce its implementation but only to be apprised of the action taken in order to bring about a certain sense of urgency so that their was no delay." In M. C. Mehta v. Union of India AIR 1987 SC 1086, the court said as follows:-- "6. So far as the power of the Court under Article 32 to gather relevant material bearing on the issues arising in this kind of litigation, which we may for the sake of convenience call so called action litigation, and to appoint Commissions for this purpose is concerned we endorse what one of us ....
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.... disinterested umpire or onlooker, but has a more dynamic and positive role with the responsibility for the organisation of the proceedings, moulding of the relief and -- this is important --also supervising the implementation thereof. The Court is entitled to, and often does seek the assistance of expert-panels, Commissioners, Advisory Committees, Amici etc. This wide range of the responsibilities necessarily implies correspondingly higher measure of control over the parties, the subject-matter and the procedure. Indeed, as the relief is positive and implies affirmative action the decisions are not 'one-shot' determinations but have on going implications. Remedy is both imposed, negotiated or quasi-negotiated". 23. In Janata Dal's case (1992) 4 SCC 305 : (1993 AIR SCW 248), speaking for the Bench, Ratnavel Pandian, J. observed at pages 342 and 345 of the report (paragraphs 89, 96 and 97 (of SCC) : (at pages 278 and 281, para 87, 94 and 95 of AIR) as follows: "89. From the above prouncements, it emerges that this summit Court has widely enlarged the scope of PIL .................. and rendered many virtuosic pronouncements and issued manifold directions to t....
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....e of public . interest litigation is stated thus: "Public interest litigation is part of the process of participate justice. It is a strategic arm of the legal aid and movement and is intended to bring justice within the reach of the poor masses, who constitute the low visibility area of humanity. It is a totally different field of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief. Public interest litigation is brought before the Court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to pro-mote and vindicate public interest which" demands that violations of constitutional or legal rights of large number of people who are; poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed . . . Public interest litigation as we conceive it, is essentially a co-operative or collaborative effort on the part of the petitioner ....
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....nxiety to favour the 'chosen ones' with the bottling contracts. The court took the view that even though the allegation of mala fide against the Chief Minister was found to be false, the Court cannot close its eyes and persuade itself to uphold publicly mischievous executive actions which have been so exposed. At page 831 of the report (para 10), the Court stated thus: ". . . The allegation against the Chief Minister has been found to be unfounded and false. According to Shri Venugopal, while the institution of public interest litigation is a good thing in itself, those professing to be public spirited citizens cannot be encouraged to indulge in wild and reckless allegations besmirching the character of others and so the Court must refuse to act at the instance of such pseudo-public spirited citizens. We agree with Mr. Venugopal. But, simultaneously, the Court cannot close its eyes and persuade itself to uphold publicly mischievous executive actions which have been so exposed, when arbitrariness and perversion are writ large and brought out clearly, the Court cannot shirk its duty and refuse its writ. Advancement of the public interest and avoidance of the public m....
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....rge on 15-1-1992. The present Thanthri took charge in 1989. 28. We will take up the interim reports one by one. Interim Report No. 1 of 1993 dated 15-2-1993 dealt with the Commissioner's visit to Guruvayur as per the orders passed by this court dated 12-2-1993 on the same day. He stated that the Administrator extended to him all co-operation in locating the files and in handing over them. Some important files, though not handed over, were located. The Commissioner took into custody some documents. The Commissioner requested for orders of Court regarding the audit work and for infrastructure for effectively discharging the work. He also prayed that persons in key posts may be not be changed. No adjudication is called for regarding Interim Report No. 1 of 1993. In fact, none of the parties have filed their objections to Interim Report No. 1 of 1993; nor any arguments advanced regarding Interim Report No. 1 of 1993 at the time of hearing. We accept Interim Report No. 1 of 1993. 29. Interim Report No. 2 of 1993 is dated 10-3-93. It deals mainly with Gokulam, situate in Vengad, a place 50 Kms. away from Guruvayur. The matter is referred to in the final report also (see Part I ....
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....lives and for preservation of the existing ones. Further directions are also given that animals brought to Gokulam should be numbered by ear tags and separate register should be maintained and to take steps to obtain electric connection for the borewell, for water supply to the Gokulam. The Guruvayur Devaswom Managing Committee has not filed any objections to the said report. The other parties also have not filed any objections. The Commissioner has recommended that for the acts of commissions and omissions, explanation is to be called for from the Managing Committee (see Parti, Chapter XV, page 203). Identical matters have been dealt with in the final report -- Part I, pages 41 and 68 and 15 and 16. The Thanthri has alleged indifference on the part of the Devaswom Administration regarding the animals dedicated to the deity. He has stated that after he took charge, at least 300 cows were dedicated to the temple by the devotees. They are accommodated long away from the temple. The plight of those animals is deplorable. They are not fed properly and also not taken care of. About 200 cows have already disappeared. It is stated, at page 69 of Part I of the final report, that the Man....
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....and good quality milk for 'Abhishekam' and for preparation of 'Palpayasam'. We are told that at present, milk from MILMA Dairy is used. This can be avoided, if a good dairy is maintained near the temple and sufficient quantity of pure and good milk is assured for the needs of the temple. The Devaswom Managing Committee should take appropriate steps in this regard forthwith. This is a matter of every day requirement in the temple and so, should receive urgent attention. 30. Interim Report No. 3 of 1993 dated 30-3-1993 deals with inspection of paddy godown, Kalavara, publication division of Devaswom Shopping Complex, furniture in Kausthubam Rest House, absence of register for immovable properties, security arrangement in the temple, etc. In the complaint of Shri C.K. Rajan, paragraphs 4, 10, 13 and 16 highlight the various acts of commissions and omissions on such matters, which are dealt with in Interim Report No. 3 of 1993 (Final Report Part I, pages 12-15, also deal with paddy and rice), The Commissioner visited Guruvayur on 24-3-1993 to inspect the records and godowns, The publication division was also inspected. In the detailed report filed after physical v....
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....lease and the lessee. The Commissioner has also adverted to the fact that the properties of the Devaswom in Dwaraka Beach are trespassed by pertain persons. No systematic action is taken by the Devaswom authorities to collect rent from the lessees of the buildings and some of the arrears have become time-barred. Large arrears are due from various lessees. As there were theft of movables from the temple, the Commissioner requested Shri Rajasekharan Nair, former Director General of Police, Tamil Nadu, who has vast and rich experience in the temple security, to visit Guruvayur and submit a report. The Commissioner has placed on record his view that the security arrangements at the Guruvayur temple are not at all satisfactory. The persons in charge are not trained and not suited to do the security work. The auction of male calves, dedicated to the deity, which enables them to be obtained for slaughtering is another thing noticed by the Commissioner. He is of Opinion that this should be prevented. The Commissioner suggested that explanation to be called for from Shri Harikrishna Menon, P.A. (Finance) and from temple Kalavara Clerk and Koima concerned. The Managing Committee has filed....
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....action may be taken as proposed by the Commissioner. This shall be so done at the earliest possible time and the third respondent is directed to file a statement about the steps taken in this regard within three months from today. 31. Interim Report No. 4 of 1993 dated 3-4-1993 is regarding security staff in the temple, installation of television, movables, strong rooms, identity cards, registers, lamps, shifting of sale of tickets, thulabharam and distribution of prasadham outside the temple compound wall, jewels and other valuable articles, etc. Shri C. K. Rajan's complaint (paragraph 12) covers a portion of the matters dealt with in Interim Report No. 4 of 1993. The Commissioner obtained a report from Shri K. K. Rajasekharan Nair, former Director General of Police, Madras, who visited the temple and studied the security problems and submitted a report. The Commissioner states that the security staff are not trained in security work. They are temporary employees. They are not disciplined and they are not accountable. The state of affairs does not guarantee the temple security. Shri Rajasekharan Nair has suggested that in order to improve the security, it would be des....
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....oner has suggested that all demonstrations, meetings and all kinds of protest should be banned in that area, so that it will ensure a calm atmosphere and serenity to the temple and its vicinity. According to the Commissioner, these aspects should be considered by the temple administration, Government and this Court and suitable changes suggested wherever necessary. The Commissioner has not made any specific recommendation as to how all these should be done. The Managing Committee has filed a statement dated 1740-1993. The Committee has agreed that the security system should be re-arranged and it cannot be entrusted to police officers. There should be reorganisation of the security wing by increasing the number of staff. The location, situation and the inbuilt of the Bhandarams do not require any change. The Committee is agreeable for the installation of a short 'circuit TV at vantage point inside the temple. The Committee is also agreeable for the suggestion that the temple and its vicinity should be made a protected area and to ban all demonstrations, meetings, etc. Similarly, the suggestion to provide for powerful are Lamps and to post Guards on duty round the clock in fro....
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....nked similar to the District Superintendent of Police. The qualifications, competency, emoluments, etc. should be on that scale. Sufficient trained security staff should be posted inside the temple with strict instructions to conduct themselves consistent with the serenity of temple atmosphere. There should be strong vigil regarding hundies, movables and, other temple properties. We also hold that the situation, structure and placement of the Bhandarams should be so done as to ensure that there is no loss or pilferage from the Bhandarams. Installation of short circuit television sets near the main door of the sanctum sanctorum and other important places is a must. We hold so. The costly movables and vessels should bear the mark and name of the temple. Permanent guard should be posted in front of the strong rooms, one inside the temple and another in the Administrator's office. There should be beats and patrols round the clock in the temple premises. The working of the sub-ordinate staff should be periodically watched and proper registers should be kept about the personnel employed, supervision etc. It is also highly desirable that proper registers are maintained showing the per....
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....mosphere should be maintainned, both inside and outside the temple, in the vicinity, at all costs. This requirement should not be diluted at all. The Guruvayur Devaswom Managing Committee and also the Government are bound to take note of the above suggestions made by the Commissioner and also by us and take steps in all such matters within three months from today. In selecting the personnel for the security staff, we see no reason why trained retired personnel from the Military or from the Police Department should not be recruited Such persons will be disciplined. They should be trained to meet the special requirements of the temple, consistent with what we have stated above. Military personnel may be given preference. By their training and equipment, they are disciplined and well equipped. We give a direction to the Managing Committee to take appropriate steps in that regard forthwith. Interim Report No. 4 is accepted to the extent indicated herein above and the directions in that regard shall be implemented by the Managing Committee, as stated herein above. 32. Interim Report No. 5 of 1993 dated 16-4-1993 is a landmark in this proceeding. It has really opened the eyes of ma....
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....smantling of the old Thekke Pathayappura' also deserves investigation.' Construction of College Auditorium is another matter which requires investigation. The nomination of the members to the Managing Committee is made on political grounds and the nominees have definite connection with political parties and especially the parties in power. The decisions of the members are often tainted by self interest and allegiance to their political bosses. The politicalisation of the Committee is largely responsible for the major maladies of the Devaswom. The Thanthri has suggested that the Managing Committee must be under the effective control of an independent judicial authority, even if no structural change is possible. At least some of the complaints made by the public regarding indifference and maladministration by the concerned officers are justified. The administration of the Gokulam is an example. The plight of the animals is deplorable. During the last three years, about 200 cows have disappeared. The cows are the dearest animals of the Lord and the ill treatment of the cows is the one thing which may never be forgiven by the Almighty. The decision to acquire some property near....
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....t his statement may be filed in Court. We should bear in mind that the Thanthri is an ex officio member of the Managing Committee. He is the 'high priest'. He is the final authority in all religious matters under Section 35 of the Guruvayur Devaswom Act, 1978. He occupies an august position. The continuity in office enables him to have a better overall view of the matters in preference to the other members, who serve in office only for a limited period of time (two years). Very serious allegations regarding corruption, mismanagement, maladministration of the temple and its affairs and its properties coming from such an august person like the Thanthri should be taken serious note of. The grievance is focussed by a person who himself is a member of the Committee. What is more, at least four more members of the present Managing Committee support the broad stand taken by the Thanthri. Zamorin Raja of Calicut, by his communication dated 25-5-1993, has stated that it is eminently a fit case to conduct a thorough probe into all the allegations levelled against the administration by the Thanthri and to take necessary steps to streamline the administration. Shri P. N. Narendranat....
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....e one taken by the Thanthri, the Zamoran of Calicut, Shri Narendranathan Nair, Shri K. Gopinathan and Shri A. P. Mohandas. The Chairman of the Managing Committee, Shri P. T. Mohanakrishnan, is totally silent. In effect, the majority of the members, who constitute the Guruvayur Devaswom Managing Committee, are agreed that all is not well with the administration, that there is mismanagement, maladministration and many other pitfalls which require to be properly investigated and remedial measures taken. The stand so taken by the majority of the members of the present Managing Committee proclaims that the administration of the Guruvayur Devaswom is far from satisfactory and is beset with innumerable evils resulting in mismanagement and maladministration. We appreciate the frank views so expressed by the majority of the Managing Committee. The proceeding initiated by this Court and the appointment of a Commissioner for taking remedial measures are amply justified. The initial stand taken by a few of the Committee members resenting the initiation of this proceeding and the appointment of the Commissioner, stands self-condemned. We do not think that the matter requires any further elabora....
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....stration and the sandal wood stock of the Devaswom. Briefly stated, the Commissioner states that no proper registers are kept for the medicines spent, the hospital is not properly maintained, the supplies are inadequate, there is no proper personnel, inclusive for the X-ray machine, the hospital is ill-equipped, there is no proper system and device and the entire admin- istration of the hospital requires restructuring. The Commissioner inspected the hospital along with Dr. P. S. Sangameswaran, District Immunisation Officer of the District Medical Office, Thrissur. It was a surprise inspection. A surprise inspection of sandalwood stock was also made by the Commissioner. The hospital has 60 beds and 100 to 150 patients are registered as out-patients every day. No fee is levied from patients. According to the Commissioner, the distribution register will not show the flow of the medicines to the patients in all cases. The purchase of medicines is made on piecemeal bases. The medicines and other hospital materials are kept in open racks and there is a lot of room for pilferage. The cleanliness of the hospital is very bad. The water tank is not kept properly. The surroundings are littere....
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....ent and maladministration and deficiencies are pointed out in the running of a hospital, which is a public welfare scheme and very precious property of the Devaswom viz. sandalwood is not properly accounted resulting in a loss to the Devaswom in the sum of Rs. 4.5 lakhs, the reply of the Managing Committee is far too general and simply evasive. Still worse is the statement hy the Government dated 2-12-1993 regarding Interim Report No. 6 of 1993. It is stated therein regarding 'Devaswom Medical Centre' that the Government accept in principle the recommendations, except the formation of a Committee for advisory purpose and administration could be improved otherwise. Regarding 'sandalwood stock', it is stated that the proposal to maintain register, etc. may be accepted and an enquiry into deficit should be ordered by the Managing Committee. One would expect the Government, in whom is vested the revisory power of supervision, to come forward with more positive and real suggestions and steps instead of leaving the matter at large at the mercy of the Managing Committee. To say the least, this amounts to abdication of the statutory duty and responsibility cast on the Gover....
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....nthri. The Administrator Shri K. Raghavan has also filed a statement denying the various allegations in the statement made by the Thanthri. The Thanthri seems to have raised new allegations on 25-5-1993. But the Commissioner has not investigated the same. The Commissioner states that the three members of the Committee viz. Shri P.N. Narendrannathan Nair, Shri A. P. Mohandas and Shri K. Gopinathan, as also the Administrator have raised a common allegation against the Thanthri that he is not performing the functions that he is expected to perform personally, but he deputes his son, Shri Dinesan Namboodiripad, for the purpose. Many members of the public also have raised this issue. Another allegation against the Thanthri is levying of exorbitant 'Dak-shina', nearly five-fold than the previous one and without following the procedure the Managing Committee has sanctioned the exorbitant charges so levied by the Thanthri. The Commissioner pointed out that the rates were revised by the Managing Committee on the application of the Thanthri and the procedure prescribed under the Act was not followed. Incidentally, the Commissioner refers to some impediments and obstructions caused by....
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....gations of the Thanthri regarding the construction of 'Sree Padmam' building is not substantiated. Regarding the construction of Sreekrishna College auditorium and the southern Pathayappura, the decision was taken by the Committee on 17-10-1992 and it is signed by all the members, including the Thanthri. The allegations of the Thantri to the contrary are not proved. (3) The Thanthri did not pursue his objection regarding the extension of the Administrator's term by three years. (4) Politicalisation of the Managing Committee. After evaluating the statements of the Chairman and members of the Committee and also independent witnesses, the Commissioner has stated that it is true that so far, barring few exceptions, Government were nominating persons who were active politicians to be the members of the Managing Committee, so that the Managing Committee bears the same political complexion as that of the Government in power and naturally they reflect the same thought and views as those of the political parties, definitely overriding other considerations of fair play and justice. It is even spoken to by the Devaswom servants, (see Pan I of the final report ....
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....be called from the members of the Managing Committee and the Commissioner. No explanation need be called from the Thanthri". All Concerned should bear in mind the privotal position of the Thanthri and the finality attached to his opinion in religious and spiritual matters. The Thanthri is the high priest. In one sense, he is the guardian and the protector of the deity. Under Section 35 of the Act, the Thanthri is the final authority in all religious matters. Payment of 'Dakshina' is part of the religious ritual. Of course, the Thanthri should be fair and reasonable, but, in our view, a few members of the Managing Committee and the Administrator have unnecessarily raised a bogy of exorbitant 'dakshina' being demanded by the Thanthri. We would say that the complaint raised is wholly unauthorised in view of Section 35 of the Act. It is unwholesome and such an allegation should not have been made. We entertain very grave doubts whether the power of the Devaswom Commissioner in determining or passing orders in fixing the standard scale of expenditure under Section 20 of the Act will take in at all the fixation of 'dakshina' for the various religious rites o....
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....ed he knew about her death and on 4-6-1985 himself and the Liaison Officer (Witness No. 56) went to the residence of deceased Sreedevi Amma and took an inventory of her movables. It is stated that Leelamma admitted the borrowal of the amount from deceased Sreedevi Amma and also the arrears due, though there is no signed statement by Leelamma. The loan having been given on 10-1-1983, action should have been taken to recover the same by 10-1-1986. The Devaswom was aware of the loan even on 2-6-1985, the day on which Sreedevi Amma died. They sent a letter to Leelamma, who was liable to repay the loan. No follow up action was taken. The Devaswom Inspector reported that the matter has become time barred. The concerned file was put up before the Adminis-trator only on 18-1-1986, by which time the claim became time barred. After analysing the evidence, the Commission has stated in Part II page 171 of the final report that a sum of Rs. 10,000/-, which was due to the Deva-sowm, was lost due to the negligence in putting up the file in time and in obtaining an acknowledgment of that debt. Another aspect touching the matter is that no action was taken to collect the other amounts due to the De....
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..... A. to Administrator (Finance) closing the file were clearly out of the way and illegal, and the Devaswom has lost Rs. 15,000/-. It was also found by the Commissioner that a sum of Rs. 60,098.30 is lying in the name of deceased Sreedevi Amma in the Co-operative Urban Bank, Guruvayur and instructions were issued'to the Administrator to take steps to collect the amounts. The only other - allegation dealt with in Interim Report No. 8 of 1993 is that there was misappropriation of money by producing false vouchers. The Commissioner has found in Part II of the final report (page 178) that no instance has come to his notice to show false vouchers were produced and money misappropriated by anyone in the Guruvayur Devaswom and so the allegation is not proved. The Government, in the statement dated 2-12-93, has stated that the recommendations in Interim Report No. 8 of 1993 may be accepted. The third respondent, in their statement dated 17-10-1993, has stated that it will enquire into the matter in detail and will take appropriate action. The Commissioner has recommended in Part I of the final report (page 204 -- item 18) that explanation is to be called for from Shri Hurikrish....
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.... and administration is wholly unsatisfactory and the entire set up requires appropriate modification. We record our finding on the above effect, for appropriate follow up action at the earliest time. 36. Interim Report No. 9 of 1993 dated 20-7-1993 deals with the allegations in respect of Panchajanyam Restaurant and misapplication of Devaswom funds for non-religious purposes. M/s. T. N. Murali, A. Velayudhan and others complained that the lease of Panchajanyam Restaurant is apparently given on monthly rent of Rs. 10,000/- to one Shri M. S. Mohan, a Hindu. But Shri Mohan in only a benamidhar and the restaurant is actually run by a non-Hindu, Shri Ummer of Eramanagalam. The further allegation in respect of Panchajanyam Restaurant is that the licence was given in favour of Shri Mohan without reasonable cause, causing loss and detriment to the Guruvayur Devaswom. Formerly, Panchajanyam Restaurant was leased for Rs. 21,000/- per month, the Commissioner made field investigation through Shri N. G. Sankarankutty, Deputy Superintendent of Police and also examined witnesses and has entered the following findings : (a) Shri M. S, Mohan, the lessee, is an employee of Hotel Bu....
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....ll Tournament, etc. were to exhibit the banner or advertisement regarding 'Bhaktha-priya', a journal run by the Gurvayur Devaswom. A sum of Rs. 5,000/- was paid to the Vaikkom Rajiv Gandhi Smaraka Samithy and Rs. 5,000/- to the Onam Special Edition of the Indian Express. The Commissioner has stated that such payments are not warrated or permitted by statute. If the matter is looked at from the point of an ordinary Hindu devotee, who deposits money in the Bhandaram of the temple, however laudable the purpose may be, no devotee will agree or could have thought that the money deposited in the Bhandaram will be used for such non-religious purposes. So, the Commissioner has found that the contributions are unauthorised and not lawfully incurred and trust funds are misapplied. The Commissioner has suggested a further enquiry as to how trust money has been spent on similar ventures. There is a complaint from Shri P. Sankara Rajan that the Administrator has misused the Devaswom car on various dates. The Commissioner has found that there is no substance in this charge. Similarly, there was a charge that the Administrator is drawing Rs. 1,000/-p.m. as deputation allowance. The Man....
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.... run by a non-Hindu. But the matter does not end here. There are admittedly three persons who sent letters, viz. Shri Sathyapalan, who offered Rs. 17,500/-Shri Mahadeva Iyer, who offered Rupees. 18,000/- and Shri Mohan, who offered Rs. 10,000/-. None of them submitted tenders were not called. Clarifications were not sought. Instead, abruptly, the offer of Shri Mohan was accepted for Rs. 10,000/-. The Devaswom has sustained a loss of Rs. 8,000/ -per month. In the statement filed by the third respondent, no reason or basis is shown as to how and why and in what circumstances, the higher offer of Shri Mahadeva Iyer was rejected and Shri Mohan was preferred though for smaller sum. We accept the finding of the Commissioner that the licensee Shri Mohan was preferred without reasonable cause, causing loss and detriment to the Gurvayur Devaswom. The Managing Committee as trustees acted in an unfair and arbitrary manner. They are responsible for the loss. They should be made liabel for this loss. We hold so. We also accept the finding of the Commissioner that the payments of Rs. 5,000/- for Matha Sauhardha Sammelan, Rs. 5,00,00/-to the Chief Minister's Flood Relief Fund, Rs. 20,00....
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.... has no case that the payments will come within the provisions of the said section. We are of the view that the payments may be to very laudable purposes, but we have got to consider whether the payments made by the statutory authority --the Managing Committee -- are authorities by law. In our view, Section 27 of the Act does not authorise the Managing Committee to make the aforesaid payments. The said payments are unauthorized and appropriate steps should be taken to realise the loss that has resulted to the Guruvayur Devaswom by such payments. We hold so. The Commissioner has stated that the misuse of the car by the Administrator is not substantiated. Similarly, the drawing of Rs. 1,000/- as deputation allowance by the Administrator is not proved. We accept the above finding of the Commissioner. 37. Interim Report No. 10 of 1993 dated 21-7-1993 relates to three matters, viz: (a) encroachment in Dwaraka Beach, (b) Vengad Estate, and (c) irregularities in the construction of the statue 'Guruvayur Kesavan'. There are 20 encroachments is the Dwaraka Beach. One encroachment is as early as 1973-74. Similarly, in Vengad Estate, there are encroachments. The properties ha....
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....n from the Assistant Engineer and other concerned persons and will take appropriate action. The Government, in their statement dated 2-12-1993 have only stated that regarding the encroachment of Devaswom properties, the suggestions may be accepted and the lands trespassed upon should be got vacated. Regarding construction of the statue 'Guruvayur Kesavan', it is stated that those who are responsible should be dealt with by the Managing Committee. We accept the findings of the Commissioner that there are encroachments both in Dwaraka Bench and Vengad Estate, It is unfortunate that the Managing Committee has not so far taken proper steps to survey the properties and to evict the encroachers. Some of the encroachments are not of recent origin and why the Committee kept quiet and simply folded its hands is really surprising. The Committee has a duty to protect the properties Devaswom and they have failed to discharge their duty. The failure to take appropriate and prompt steps to evict the encroachers in Dwaraka Beach and Vengad Estate is evidence of the inefficient management and maladministration of the Committee. They have no excuse. By inaction, there is every risk of....
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....al of all funds, including premature fixed deposits, in anticipation of the sanction of he Managing Committee on the ground that the understood from "reliable and knowldgeable sources" that Dhanalakshmi Bank is in "serious financial crisis". The Commissioner requested the Chairman to identify what he meant by "reliable and knowledgeable source" and to explain what he meant by "serious financial crisis". No reply was received by him. The Commissioner says that it is not disputed and is evident from the statement furnished by the bank that, as a result of the premature withdrawal, Devaswom has sustained a loss of Rs. 2,12,621.60. This premature withdrawal was the subject matter of challenge by a worshipper in O.P. No. 6906 of 1984. This Court declined to go into the question as to whether the withdrawal was justified or not and whether any substantial loss was caused to the Devaswom since disputed questions of fact was involved, which was declined to he gone into in a proceeding under Article 226 of the Constitution. The Commissioner states that it cannot be disputed that due to premature withdrawal, Rs. 2,12,621.60 is the loss suffered by the Devaswom. It was pleaded before the Comm....
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....e bank with any meaning. What he has written in his letter to the Devaswom Commissioner about the "independent assessment" it was done without knowing about its contents. The Commissioner concluded that the evidence of Shri Vellodi and Shri Mohanakrishnan does not show the circumstances under which such huge bank deposits were withdrawn abruptly resulting in heavy loss to the Devaswom. The Commissioner has found that no one could have come to the conclusion from the materials available that the Dhanalakshmi Bank was in financial crisis. Neither the Chairman, nor the Administrator had any concrete information or data about the financial position of the bank when they ordered withdrawal of the deposits, which resulted in huge loss to the Devaswom amounting to Rs. 2,12,621.60. The third respondent has filed a statement dated 17-10-1993 along with annexures. The annexures are the copies of O.P. No. 6906 of 1984 and the affidavits and counter-affidavits filed in the said case, the note given to the Administrator by the Chairman, balance-sheet of the Dhanalakshmi Bank, etc. The judgment in O.P. No. 6906 of 1984 is also given as an annexure. The original petition was filed by one Shri ....
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....time invested as a cumulative deposit, what would have been the interest so obtained as per the conditions then; and then compare the same with the interest that is obtained after the premature withdrawal and the reinvestment made, as cumulative deposits. The details are wanting on this score. The third respondent was not able to substantiate nor is any evidence available before us as to how it is said that the Devaswom really gained a sum of Rupees. 1,72,317.04 by the premature withdrawal of the fixed deposit accounts. We accept the finding of the Commissioner that the action of the then Chairman Shri Mohanakrishnan and the then Administrator Shri Vellodi has resulted in huge loss to the Devaswom amounting to Rs. 2,12,621.60. The above finding of the Commissioner has not been shown to be wrong by proper or sufficient evidence. The third respondent has a legal plea to the effect that the Commissioner was incompetent to make this enquiry. Indeed, counsel for the tenth respondent Mr. T. R. Govinda Warner put forward the plea that the matter is concluded in view of the earlier decision of this Court in O.P. No. 6906 of 1984, and so barred by res judicata and that disputed questions....
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....ertain the plea of res judicata...." For the above reasons, we hold, that there is no material to hold that the devaswom was in way profited; and the plea of res judicata has no substance. So, the finding of the Commissioner that the action of the then Chairman Shri P. T. Mohanakrishnan and the then Administrator Shri Vellodi resulted in huge loss to the Devaswom amounting to Rupees. 2,12,621.60 stands. We are of the view that appropriate action should be taken in this behalf. In the statement filed by the Government Pleader on 2-12-1993, all that is stated about the premature withdrawal of the deposits is this: "This will figure in the audit report and hence it will be dealt with by the Commissioner without delay." The matter happened more than nine years ago. It does not appear that even today, the matter has received any attention of the supervisory revisional authority (Government). To say the least, there is total inaction and a negative attitude, to such flagrant acts of mismanagement and maladministration. The next aspect considered in Interim Report No. 11 of 1993 is regarding the discipline of Devaswom servants and management's attitude towards "di....
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.... Devaswom were withdrawn prematurely from the bank for unsatisfactory reasons causing a loss of Rs. 2,13,000/- to the Devaswom. The other instances are all cases of disciplinary actions which were hushed up without an enquiry and even in cases where punishment was recommended, the Committee declined to act or to impose proper punishment. There were instances when even 'Nivedyam' to the tune of Rs. 14,000/- was scalded and spoiled and only a fine of Rs. 201/- was imposed on the concerned persons and subsequently, it was cancelled by the Administrator for extraneous reasons. Then there was a case of the Chairman's brother being appointed when better qualified hands were available. With regard to the discipline of Devaswom servants and appointment of Shri Ganesan as Lecturer in Botany, in the objection filed by the Committee dated 17-10-93, it is stated that the Committee has taken decisions in the case of S/Shri Sunil Kumar, Raju, Muraleedhara Panicker and Keezhsanthies after assessing the situations and the Commissioner cannot sit in appeal over the same. The appointment of Shri Ganesan was not by the present Committee. It was dope as early as 29-9-88. None of the def....
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.... complaints on this score. The more important complaints dealt with by the Commissioner related to the following. We shall discuss them along with the findings and recommendations relating thereto. Pump sets purchased for the borewells at Punnathrkotta: The above pump sets are not functioning. Tenders were not invited for the purchase of the pump sets. Submersible pumps were purchased from one single firm in Coimbator. One of the pumps installed did not function even on the next day. No explanation was forthcoming as to why the pumps were purchased without inviting quotations. The matter requires further probe. Installation of yard lights in Mini Stadium : There is difference in tender material specification and bill measurement. Some of them are not working. The guarantee period is not over. The contractor should be directed to make good the lamp which is not burning. Installation of sodium vapour lamps at Punnathur Kotta: Out of 17 sodium vapour lamps erected, only 9 are burning. The faults were not attended to. There is lack of periodical checking of these lights. It should be done. Installation of 11 KV SS: Substandard items were used in the installation. Several it....
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....asked to explain. On going through Interim Report No. 12 of 1993, we are inclined to hold that the inspection of the Commissioner along with the Chief Engineer and the Deputy Chief Engineer disclosed minor irregularities, variations etc. which point out lack of proper and effective management. We feel that the administrative machinery should be geared and toned up and remedial measures should be taken in the light of the findings of the Commissioner as also the Chief Engineer and the Deputy Chief Engineer. The third respondent, in its statement dated 17-10-1993, has agreed that appropriate action or remedial measures will be taken if found necessary. Counsel for the Government of Kerala, in the statement dated 2-12-1993, has stated that the views of the Commissioner are generally correct. We direct that appropriate remedial measures any be taken and the entire machinery geared to tone up the administration. Besides, the vigilance enquiry suggested by the Commissioner and the explanation to be called for from the Assistant Engineer-I may be implemented within a period of six months from today. 40. Interim Report No. 13 of 1993 dated 13-8-1993 deals with some of the matte....
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.... unable to keep track of these accounts. Earlier the Devaswom authorities never knew how much they had in the accounts of each bank. The situation has now improved. Even so, the Commissioner has found that the allegation that the deposits were so made in very many branches throughout the State to cater to the vested interests of the Managing Committee members is true. This shows a total unsatisfactory state of affairs creating confusion giving rise to undesirable practices. This incident itself is a pointer to show mismanagement, favouritism and faulty administration. Regarding filling up of management quota of Sree Krishna College, the Commissioner has found that the management does not adopt any fixed criteria in choosing candidates under the management quota. There are no guidelines therefore and the complaint that even eligible Hindus are denied seats seems to be well founded. The matter requires appropriate corrective. The third respondent, in its statement dated 17-10-1993, has stated thus : "The Committee will ensure that the stock register is made up-to-date every year as suggested by the Commissioner regarding Kalanilayam". Relying on Rule 18 of the Guruv....
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....s some foul play. The matter has been dealt with in detail by the Commissioner in pages 264-276. The Commissioner also perused the relevant files and documents and examined the concerned persons. After discussing the matter in great details and adverting to all the circumstances, the Commissioner has stated that the Committee has accepted the tender of Shri Madhusoodhanan in an excess amount of Rs. 16,80,000/-, much above the rate quoted by Silk (para 8 page 272). The Commissioner opines that the contract by Shri Madhusoodhanan for Rupees. 1,56,87,000/-, which is an exorbitant figure, can never be justified on any ground (page 274). He winds up the discussion at page 275 (paragraph 10) as follows : "Therefore, the discussion 'shows that though M/s. Silk did not claim in the tender, exemption from payment of EMD of Rs. 50,000/- Devaswom did not reject its tender and called them for price negotiations on 9-7-1993. On that day the tender of M/s. Silk was rejected for want of EMD as invalid. This appears to be improper in the face of Govt. order exempting M/s. Silk from payment of EMD. Devaswom must also be deemed to have waived the conditions regarding EMD, when they call....
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....aturity value is Rs. 1 crore on 14-6-1993. It should have been renewed on that day. It was not done. It was renewed only on 5-7-1993. The delayed renewal has resulted in loss of interest to the Devaswom quantified at Rs. 69,041/-. The Commissioner has dealt with this matter in great detail from pages 277 to 303 of the report and has analysed the entire evidence and has entered the following finding at page 303 : ".... The main responsibility for the delay rests with Harikrishna Menon, P.A. (Finance), and Smt. Radha and Smt. Parukutty and the Administrator has got only collective responsibility as mentioned earlier. Finance Officer has no responsibility for this lapse." We have gone through the report in detail and we fully concur with the aforesaid finding of the Commissioner. We are of the view that Shri Harikrishna Menon, P.A. (Finance) who was having the custody of the relevant document, was putting forth evasive excuses and trying to escape from the responsibility. We fully concur with the finding of the Commissioner that Shri Harikrishna Menon exhibited callous indifference in his duties and can never escape from the responsibility. The Commissioner has also stated....
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....its rites, security and management 87 -- 113 V Guest Houses 114 -- 116 VI Material management 117 -- 122 VII Management of movables and immovable propertie 123 -- 129 VIII Management of finance 130 -- 137 IX Civil engineering works and building contracts 138 -- 157 X Personnel management and discipline 158 -- 170 XI Legal affairs and litigation 171 -- 173 XII Functionaries under the system and their performance 174 -- 195 XIII Politicalisation and administrative dysfunction 196 -- 190 XIV Chewing the cud -- good, bad and ugly 200 -- 201 XV Picking up the thread 202 -- 213 XVI Thanks giving and prayers 214 -- 218 XVIII List of exhibits 228 -- 232 XIX Statement of expenses borne by the Devaswom in connection with the enquiry 233. At this juncture, we should state that the final report is the codification of all aspects --many of the matters dealt with in the interim reports and some of them new ones. We are dealing hereinafter with those matters, on which mismanagement or other lapses of the management are alleged and found and findings and recommendatio....
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....ate to his known sources of income. The Guruvayur Devaswom is dealing enormous cash and assets. A member of the Managing Committee will normally wield good influence and power. The further allegation against Shri K. Rajan is the irregularity in the allotment of a shop room in the name of his wife. The Commissioner, after analysing the evidence in pages 23 to 28, has given facts which may point out that the allotment of a shop room to his wife is irregular and definitely an act of favouritism. Since Shri Rajan is a Member of the Managing Committee, we concur with the Commissioner that a vigilance enquiry may be ordered against Shri Rajan and his assets so as to determine whether he is holding assets disproportionate to his income. Item No. 9 in Chapter II deals with allegation regarding shooting of film "Guruvayur Mahathmyam". The Commissioner has found that the Devaswom has incurred a loss of Rs. 16,91,906/- in this venture (para 25 at page 32). He has further found that the attempt is a fool-hardy,' speculative and imprudent transaction and is an instance of gambling with the funds of the Devaswom (para 26, page 33). Shri P. T. Mohanakrishnan, the then Chairman, stated that....
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....isappropriation in hospital -- has been dealt with Interim Report No. 6. Item No. 14 -- Gosala at Vengad -- is dealt with Interim Report No. 2. Item No. 15 in Chapter II deals with "corruption in the Maramath department". Special mention is made regarding western Gopuram and Oottupura (items 16 and 17). The Commissioner has discussed this matter at pages 41 to 46. Regarding 'Oottupura', the original estimate was varied and additional expenditure has been incurred for ornamental granite doors and windows in the sum of Rs. 4,40,000/-. This additional expenditure was not sanctioned by the Devaswom Commissioner. So, it is unauthorised. Details of materials got after dismantling the old Oottupura and their disposal were not available in the file. In paragraph 39, dealing with Item No. 17 (Western Gopuram reconstruction), the Commissioner has found that there would have been a saving of Rs. 2,93,412/-. In view of the above lapses, the Commissioner has recommended in Chapter XV, page 203 (items 11 and 12) as follows : Img01 We accept the reasoning and finding of the Commissioner and also the recommendations made. Appropriate follow up action should be taken, as suggested by ....
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....turned to the contractor, on the plea that he has used his own cement was not justified. This is a matter for further probe and appropriate action should be taken against concerned persons. Chapter II, Item 24 deals with 'gold lockets'. Gold has been sent to the Government Mint, Bombay for manufacturing gold lockets. According to the contract, the balance quantity of standard gold that will be available in the Mint is 4 kgs. 20 gms. 91 mgs. But as per the letter from the Mint dated 7-12-1991, it had only 4 kgs. 14 gms. 100 mgs. Difference of 6 gms. 801 mgs. is seen. It is not shown as to why 4 kgs. of gold are still" lying idle with the Reserve Bank. Appropriate explanation should be obtained from the persons concerned and the matter pursued. 45. Chapter III of Part I (final report) deals with the complaints of the Thanthri and the complaints against the Thanthri voiced by certain members of the Managing Committee. Very exhaustive discussion on these matters has been made by the Commissioner at pages 54 to 86 of Part I of the final report. We had dealt with certain vital aspects pertaining to these matters while considering Interim Report Nos. 5 and 7 of 1993. We would o....
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....ance to their political bosses and it is the politicalisation in the Committee that is largely responsible for the major maladies of the temple. He pleads that the Committee must be under the effective control of an independent judicial authority. The matter has been discussed by the Commissioner in Part I (pp. 65, 66, 67 & 68). The plea of the Thanthri has been found to be substantially correct. The said plea of the Thanthri is also spoken to by two Devaswom servants. We accept the finding of the Commissioner that politicalisation prevails in the nomination to the members of the Managing Committee and in the long run it is ruinous to the temple and the administration. Wisdom should prevail with the concerned persons to set right matters. Many other complaints voiced by the Thanthri have been dealt with in the interim reports. We shall only indicate them : Img02 Since the matters have already been dealt with, no repetition is necessary. The Thanthri has also a plea that corruption and favouritism exist in the temple administration pertaining to the business of insurance also. The Commissioner has in Part I (page 77) opined that though it is not proved, there is no reaso....
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....os. 5 and 7 of 1993, we decline to accept the recommendations of the Commissioner on Item No. 16 -- Enhancement of Dakshina of the Thanthri, etc. 46. Chapter IV of Part I of the final report deals with temple, its rites, security and management. After elaborating the structure of the temple and its adjacent structures, the Commissioner has highlighted the problem of 'crowd management'. The complaints are : The prasadams are not properly distributed in the sense that devotees do not get the quantity for which they have paid. The quality of the prasadam is poor. About the quality of palpaysam and appam, there is complaint. It is also stated that there are complaints that there is no check on the quality of the goods obtained for temple. The devotees are not treated equally in the distribution of prasadam and the Devaswom staff show favour to some. The matter has been dealt with in detail in pages 87 to 113. The Commissioner has adverted to various aspects and has opined as follows : The only way to reduce the crowd inside the temple, which is causing much difficulty, is to allow the devotees inside the temple for worship alone. It is better to shift the ticket counter a....
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....here should be corrective against such irregularities. On a total evaluation of the various aspects stated in Chapter IV of Part I, we are largely in agreement with the findings and observations of the Commissioner aforesaid. There should be 'quality checking' of goods obtained by the temple and appropriate competent machinery should be devised. The recommendations are entitled to great weight and it will be in the interest of the administration to effectively implement those recommendations. In this connection, we extract the Thanthri's suggestions made mention, by the Commissioner at pages 112 and 113 of Part I of the final report : "The Thanthri, in paragraph 17 of his statement, has recommended certain poojas and rituals to be performed. He has suggested that 'sudhhi' ceremony must be conducted once in every month. He has recommended 'Namaskara Oottu' and 'Athazha Oottu', which were stopped years back, may be resumed. He has also suggested that 'Saptha-sudhi Abhishekam' chanting of the relevant "Manthra' 1008 times must be conducted every day. He recommended recital of Vedas every day. This is essential Then he has als....
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....o improve the quality of the Nivedyam, lack of discipline among Keezhsanthies, necessity to have joint responsibility of all persons who have access to the movables and jewels, necessity to do 'prayaschitha karma' as per the Devaprasnam, etc. We discussed at length with the Thanthri and recorded his statement regarding the question whether plurality of persons can perform the Udayasthamana Pooja. The Commissioner has dealt with this matter. In our opinion, some serious consideration is required regarding the permissibility of plurality of persons performing the Udayasthamana pooja. According to the Thanthri, there can be no objection for this. But he is clear that there can be only one Udayasthamana, pooja every alternate day. He states that the consent of Guruvayurappan shall be had, either by 'pushpa prasnam' or by taking a 'rasi prasnam' as to whether plurality of persons' can join in performing the Udayasthamana pooja -- in the name of more than one person and collecting from each person, the full amount for the pooja. This may augment the revenue of the temple. Such vazhipadu is so done at present in Tirupathi. Rasi prasnam is considered to be the m....
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....cials. The opinion ex pressed by the Commissioner seems to be very fair and reasonable. In Part I (page 207), the Commissioner has made the following recommendation : "Reservation of accommodation in the Guest Houses must be computerised. The Devaswom must go in for a laundry plant of its own to wash the linen. Rules must be framed specifying the VIPs entitled for free accommodation." We are of the view that the opinion expressed by the Commissioner is entitled to acceptance as also the recommendations made. We do so. 48. Chapter VI of Part 3 deals with 'material management'. The aspects dealt with are the mode of stocking materials and mode of issue of materials to various departments. The Commissioner has adverted to Interim Report No. 3, wherein the absence of stock registers in the paddy godown was highlighted. It is also stated that there is no proper account of the rice measured from Kalavara. Interim Report No. 6 is also adverted to show that there is no stock register for purchase of medicines and show its distribution. Interim Report No. 10 is referred to show irregularity in the removal of the rods, steel, etc. from the stores. Interim Report No. 12....
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....r a central warehouse or godown where every materials can be stocked. If necessary, Devaswom should construct a new one with proper facilities. One responsible officer must be in charge of the stores and under him there can be many other Assistant Store Keepers in control of each section. They can issue the stock for various sections and whole process can be computerised. If it is so done the clear stock position with regard to each material will be recorded and we will be able to locate each item of the material issued, and for what purpose. If we introduce this system, it will reduce the chances of pilferage, corruption and mismanagement." In Part I, page 207, further recommendation has been made regarding management of movable and immovable properties : "There must be annual verification of stores, if necessary by the Local Fund Audit and report sent to the superior authority. Devaswom must go in for a Central Warehouse or godown and the responsible officer must be posted in charge of the same. All stores should be issued from the Central godown and purchase and issue of materials must be computerised. There must be a quality check for the materials at the point of p....
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....n in time for recovery of rent or eviction of the lessees. The Commissioner has suggested that a permanent register should be kept and proper responsible officers should be put in charge for the maintenance of immovable properties. Specific rules should also be framed for appropriate handling and checking. Regarding movables, the Commissioner has adverted to Chapter IV of the report and other facts and circumstances brought out in the case, and has opined that all persons who deal with the movables (especially the jewels), like Thanthri, Melsanthi, Othikkan and Keezhsanthies should be jointly and severally liable. The Commissioner has also held that appropriate arrangements should be made for keeping silver and golden vessels, jewels etc., by the Administrator in his room with sufficient security guards. Identification marks should be inscribed on all the movable properties of the Devaswom. Rules should be made regarding the maintenance of movable properties. There should be an appraiser at the time of verification. The Commissioner has in Part I, page 208, apart from the general recommendations regarding the management of movable and immovable properties, which we have accepted, s....
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....smanagement highlighted in Interim Report No. 11/93 where about Rs. 46.5 lakhs of bank deposits were withdrawn without any justifiable reason resulting in a huge loss of nearly Rs. 2.13 lakhs by way of interest. There is no concurrent audit with regard to expenditure side. This is a serious defect. There was misapplication of Deva-swom funds for non-trust purposes. To crown all these, as pointed out in Interim Report No. 11/93, money of the Devaswom is put in various banks throughout the State, even in far off places, resulting in unmanageable state of affairs. The Commissioner has opined that all these are dangerous trends pointing out to financial indiscipline and mismanagement which required urgent action. The Commissioner has made as much as nine recommendations, at pages 134 to 137 of Part I. This has been carried over, as specific recommendations, regarding mismanagement of finance, as items 11 to 16, at pages 208 and 209. They are as follows : "11. The Finance Department must be headed by an Accounts Officer and an Assistant Accountant General deputed from the Accountant General's Office and the present set up should be discontinued immediately. A crash progr....
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....he relevant records were thereafter traced out and action was taken to dispose of the audit objections, It appeals that many of the audit reports were not put up in time to the then Commissioner for disposal. After I took charge in August, 1990, three audit reports were received in all, viz. those relating to 1987-88, 1988-89 and 1989-90. These reports were duly forwarded to the Guruvayur Devaswom Managing Committee. Replies to the audit report for 1987-88 were received in February 1993. Replies to the subsequent audit reports are yet to be received. Replies to audit reports for 1985-86 and 1986-87 were also received in February 1993. Replies to several audit paras are yet to be received. The idea was to dispose of all the paras for each year in single proceedings. As this was found to take a long time, it was decided to dispose of individual audit paras on merits. Accordingly, 69 audit paras relating to 1985-86, 60 audit paras relating to 1986-87 and II audit paras relating to 1987-88 have been disposed of. Year wise details of audit paras are produced herewith as Annexure A". Annexure A, at page 10, will show that audit reports from the year 1978-79 onwards up to the year 1989....
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.... of the Act regarding "accounts and audit" have been thoroughly frustrated and the statutory provisions have been rendered a dead letter. Probably, the Managing Committee and the Devaswom Commissioner have taken the "audit" only as a meaningless ritual or empty formality! We are afraid that the enquiry by the Commissioner has really opened a Pandora's box -- inevitable and impregnable discrediting the entire administrative set up and bringing everything 10 disrepute. Indeed, alleging corruption and rank nepotism, Shri C.K. Rajan has highlighted that the defects and illegalities pointed out by the auditor in the accounts have not been answered at all by the Devaswom Commissioner, Managing Committee and other concerned persons; nor has any step taken, in pursuance thereto! This was put forward in the forefront in Shri Rajan s complaint. How true it is! We would also deprecate the donations made by the Devaswom unauthorisedly and unmindful of its duties and obligations contained in Sections 10 and 27 of the Act. In this connection, Interim Report No. 11 refers to various donations which are totally unauthorised and incompetent in view of Sections 10 and 27 of the Act. That aspe....
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....change the plan by constructing 5 floors on converting the building for Administrative block and V1P suites with shopping complex. It was decided to entrust the work to M/s- SILK and to pay them for dismantling the work already done and to pay extra rate for additional work. The rates have not been fixed. The original plan and structural details were made by Shri Ramakrishnan, Architect, Bangalore, free of cost. But, the revised plans were prepared by one Shri C. George and he was paid Rs. 15,000/-. He has demanded payment at the rate of 7.5 per cent of the estimated rate of Rs. 7.5 lakhs. The matter is not decided yet. If the matter was entrusted to Shri Ramakrishnan, the original Architect, payment to Shri George could have been avoided. Similarly, the rates to be paid to M/s. SILK for additional work is not yet decided. The change in attitude of the Managing Committee in revising the plan and structure from one of a Guest House for ordinary pilgrims to the other, to accommodate officers and VIPs, is totally unreasonable and unfair. The new building will not yield any income. The change in the attitude of the Managing Committee is also against the duty enjoined on the Managing Co....
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....om. The actual cost of the work has gone several times the estimated rate. The Commissioner has made suggestions on this score, at pages 155 to 157 of Part I. On the above aspects, the final recommendations made by the Commissioner are contained in Part I at page 209, paragraphs 17, 18 and 19. They are as follwos: "17. Commissioner's sanction should be insisted for all expenditure above Rs. 2 lakhs and it shall not be incurred first and sanction granted later. All expenditure incurred in a building or project within two years should be pooled together to consider whether the expenditure exceeds Rs. 2 lakhs. 18. Before passing any expenditure of doubtful nature, the Committee should take legal advice. An expert committee to be constituted with two experienced civil engineers of integrity, a Chartered Accountant and the Law Officer of Devaswom. All plans should be approved by the Managing Committee only if it is recommended by the said expert committee. The two experts should not be engineers employed by Devaswom. Plans should not be changed by the Managing Committee alone, unless it is referred to the Expert Committee and approved by it. 19. Before ....
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.... called for regarding this also. 52. Chapter X of Part I deals with personal management and discipline. The Commissioner has made an exhaustive survey of the matters in pages 158 to 170 of Part I. He has stated that there is malpractice in appointments, besides favouritism and corruption. In Interim Report No. 6, it has been brought out that in the clinical laboratory, four unqualified persons are holding posts. So also, in Interim Report No. 11, the illegal appointment of Shri Ganesan as Lecturer in Botany in Sreekrishna College, Guruvayur has been highlighted. The Commissioner states that the Managing Committee members are not experts in the field and there should be a Recruitment Committee, consisting of eminent persons well-versed in the particular subject, including experts in the field and appropriate procedure should be laid down by way of regulations or rules to avoid favouritism and corruption. The method of selection should be made foolproof since the selections now made are highly unscientific and irrational. The Commissioner has also dealt with 'discipline' and has referred to Interim Report No. 11 about specific cases of Shri Muraleedhara Panicker, P.R.O. Su....
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....er, if he is retired High Court Judge. Litigations in which Devaswom is involved also should receive his attention. Rules be framed for disciplinary procedure and conduct of Devaswom employees. 21. An independent Recruitment Committee consisting of experts like Civil Engineer, Lawyer, Educationist, Doctor or Administrator must be constituted who will be solely in charge of the recruitment. These persons should not be employees of the Devaswom, but must be independent persons with reputation for the character and integrity. It shall be their sole responsibility to recruit to various posts in the Devaswom and select suitable persons. If the recruitment is for Shanthikkar or some other posts involving religious rites, Thanthri should be a member of the Committee and his opinion should prevail unless the Committee records special reasons for the contrary. Employees must be asked to file their property statement annually and take prior permission before acquisition of immovable properties or movable properties exceeding Rs. 5000/-. 22. Devaswom must appoint one or two Welfare Officers who will enquire into and report regarding the needs and necessities for the welfare ....
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....e Commissioner has stated that the Devaswom should have a Law Department to deal with the legal affairs and also litigation. He has recommended that a District Judge should be posted on deputation to head this department. All the legal aspects should be referred to his opinion and clearance obtained. If the said Law Officer is a District Judge, he can be invested with powers to take disciplinary proceedings against the Devaswom servants. He can be designated as Law Officer and Disciplinary Authority. The recommendations regarding legal affairs and disciplinary action are contained in paragraph 20, at page 210, which we have extracted earlier, while considering Chapter X. We accept the said recommendation. 54. Chapter XII of Part I deals with functionaries under the system and their performance and the -need for change. The Commissioner has analysed the provisions of the Guruvayur Devaswom Act and has endeavoured to assess the role played by the Administrator, the Managing Committee and the Devaswom Commissioner and has given his own reasons to hold that there is a total failure in the functions in the statutory functionaries, necessitating a change in the nature, structure and o....
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....n Part I, at page 190, the Commissioner has suggested various remedial measures. The Devaswom Commissioner should be a person in the spot, at Guruvayur. A person in the statute of a retired High Court Judge should be posted to the post. The composition of the Committee should be different, Talented and professional persons, like lawyer, Engineer, Chartered Accountant or leading non-political men should be appointed. The power of revision under Section 33 of the Act should be vested in the High Court. The term of the Managing Committee should be at least four years. Hereditary and ex-officio trustee should be excluded. On a perusal of the entire discussion regarding functionaries under the system and their performance and the changes needed, as recommended by the Commissioner at pages 205 and 206 of the report, we are of the view that while many aspects stated therein are worthy recommendations which will improve the tone and temper of the administration and are commendable, and have our approval, the alterations in the structure of the Committee and the functionaries and the amendment in the Act suggested are normally beyond the purview of a public interest litigation. We refrai....
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.... XV of Part I is styled as "Picking up the Thread", where various recommendations have been made on various interim reports and the final report. They are contained in pages 202 to 205. Further, general recommendations are contained in paragraphs 28 to 30 at page 213, which are to the following effect: "28. Devaswom should construct cheap lodging houses for devotees even if at a distance. The devotees can be taken from the lodging houses to the temple by a chain service conducted by the Devaswom so that the rush near the temple for lodging houses can be avoided. 29. Devaswom should either acquire all properties within the radius of 100 Mts. from the outer wall of the temple or law must be enacted giving a pre-emption right to the Davaswom to purchase those properties whenever owners want to sell them. This is very urgent and necessary for future development and security of the temple. 30. A master plan must be drawn for development of the temple town and its surroundings and a development authority constituted. There must be clear planning and healthy development of the temple town." We are of the view that the three general observations are necessary ....
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....of the view that consideration of the above aspects is foreign to the scope of this public interest litigation and such matters should be agitated in an appropriate proceeding, at the appropriate time. We make it clear that we leave those questions and other allied aspects open. 61. Now we are at the end of the journey. Shri T.P. Kelu Nambiar, amicus curiae, highlighted the fact that the Guruvayur Devaswom is every day growing and it is already a big empire. With the extension of the railways, it is bound to attract more crowd from all over. The expansion has already taken many dimensions and was not in the mind of the authorities who were running the administration decades ago. The Guruvayur Devaswom Acts of 1971 and 1978 were largely enacted reckoning the existing order and things and without reckoning the realities of modern times, and in the wake of the next century, a complete restructuring of the administration and its apparatus are necessary. There should be more dynamic and pragmatic systems and_ devices, which will take into account the ever growing modern developments, innovations and requirements. Crores of rupees, valuable jewels, gold and silver are pouring in every....
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....lied thereto. The letter, queries and replies are seen at pages 138 to 147 of Part I of the report. A perusal thereof will show how light-heartedly the Commissioner and Secretary to Government has viewed his assignment. The Devaswom Commissioner is a part-time officer. He has only a remote control over the administration. The Commissioner were never effective nor vigilant nor carries out the statutory functions and confidence imposed on them, Their non-functioning will be evident from the non-disposal of audit reports ever since the Act came into being more than fifteen years ago and other acts of abdication of duty, which we have pointed out earlier in this judgment. Pages 138 to 147 of Part I of the report referred to above will be a pointer in this regard, as to how light-heartedly the assignment is viewed. The present Commissioner Shri Mohankumar has also acted only in that way. The various directions given by us and the multitude of matters to be attended to cannot be safely entrusted to such a person, who is ineffective, not involved and a mere onlooker with no involvement in the administration. Moreover, we have got a very anomalous state of affairs. The Commissioner of the ....
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....vernment to file the aforesaid panel of names within six weeks from today. This is a public interest litigation. Our main endeavour is to construct or build up and not to demolish, to motivate and activise the set up or machinery, which is inactive and suffers from partial paralysis. Our aim is to provide positive answers and directions to cure the ills and not to continue the impasse and stalemate. So, there is necessity to keep vigil and monitor the matter from time to time. It is with that end in view, we have endeavoured to analyse and bestow our anxious thought over a delicate and sensitive matter in great details. We shall now summarise the various recommendations and directions in the following paragraphs. 64. Summary of the findings and recommendations (Interim Report Nos. 1 to 15 of 1993): A. We repel the plea that the initiation of this public interest litigation was without jurisdiction or in any way unauthorised or improper (paragraph 14). Availability of alternative remedy, is no bar. Even so, it requires a different look or perspective in the case of a public interest litigation (paragraph 15). B. The Civil Courts have got inherent power to ini....
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....darams, administration, maintenance of registers, etc. are contained in paragraph 31 of the judgment. Distribution of prasadam can be in a building adjacent and contiguous to the temple premises or 'prakaram'; and so the sale of vazhipadu and distribution of prasadham or even Thulabharam can be arranged in a building which is adjacent and contiguous to the temple, but need not necessarily be inside the temple premises. The Managing Committee shall implement the above suggestions within one year from today. All persons who have occasion to handle the articles along with the Melasanthi should have joint and several responsibility for the said articles. Steps should be taken by the Managing Committee to ensure this. The temple and its vicinity should be a protected area and all the demonstrations and meetings should be banned in that area. It is highly essential that the serenity, calm and peaceful atmosphere should be maintained, both inside and outside the temple, in the vicinity, at all costs. The Government and the Managing Committee should take steps in this regard within three months from today. There is no reason why trained retired personnel from the Military or from t....
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.... without taking any action. The existing administrative mechanism faltered or failed in its functions. The supervisory machinery, the Devaswom Commissioner or the Government was a mere looker-on. The existing set up, structure and administration is wholly unsatisfactory. The entire set up requires appropriate modification. Appropriate follow up action should be taken at the earliest time (paragraph 35). N. Interim Report No. 9 of 1993 deals with the allegations in respect of Panchajanyam Restaurant and misapplication of Devaswom funds for non-religious purposes. We do not accept the finding of the Commissioner in Interim Report No. 9 of 1993 that the Panchajanyam Restaurant is run by a non-Hindu. The licensee, Shri Mohan, was preferred without reasonable cause, causing loss and detriment to the Guruvayur Devaswom. The Managing Committee as trustees acted in an unfair and arbitrary manner. They are responsible for the loss. They should be made liable for the loss. We accept the finding of the Commissioner that the payments to Matha Sauhardha Sammelan, Chief Minister's Flood Relief Fund, Federation Cup Football Tournament and Saksharatha were not for purposes wh....
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....d be taken in this behalf. The plea of res judicata, in view of the earlier proceeding -- O. P. No. 6906 of 1984 -- has no substance. The matter was not adjudicated then. Moreover, it was not a public interest litigation......... There is no material to hold that the Devaswom was in any way profited; and the plea of res judicata has no substance. There is total inaction and a negative attitude by the supervisory revisional authority to such flagrant acts of mismanagement and maladministration........The various instances of indiscipline of Devaswom servants and the management's attitude towards discipline dealt with in Interim Report No. 11 of 1993 show the bad effect of politicalisation of administration. Disciplinary proceedings were hushed up without an enquiry and even in cases where punishment was recommended, the Committee declined to act or to impose proper punishment. The attitude taken by the Managing Committee was far from satisfactory and patently unreasonable. The complaints of the worshippers were totally discarded or brushed aside. The above instances expose the ill that has set in the administrative set up and it is high time that a meaningful and better administ....
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....should be taken against Shri Harikrishna Menon, P. A. (Finance). It is for the Devaswom to consider whether it is in the interest of the Devaswom to continue the said person in the same job. The observations in the matter should be given effect to within six months. 65. Summary of the findings and recommendations (Final Report) : U. A vigilance enquiry may be ordered against Shri Rajan (Member of the Managing Committee) and his assets so as to determine whether he is holding assets disproportionate to his income. The shooting of the film 'Guruvayur Mahathmyam' was a speculative, imprudent and uncalled for venture and the Managing Committee has spent trust funds negligently and imprudently. The recommendation of the Commissioner that audit query is to be answered immediately and explanation be elicited from the Managing Committee and concerned officials and follow up action should be taken to levy the loss from the persons responsible is accepted. We further accept the recommendations of the Commissioner regarding Oottupura and the western Gopuram contained in Chapter XV page 203 (items 11 and 12) and direct that appropriate follow up action should betaken. ....
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....7) extracted again in paragraph 46 of the judgment are accepted and should be implemented. Every day, special arrangements for at least fifteen minutes should be made, whereby old, sick, handicapped and disabled persons can worship without joining the crowd and without difficulty, which should be notified in advance for information. Serious consideration is required regarding the permissibility of plurality of persons performing the Udayasthamana Pooja. The Managing Committee should take steps as suggested in paragraph 46 of the judgment in concurrence with the Thanthri. The Managing Committee should take appropriate steps to promote the bhakthi cult also (paragraph 46). Y. Definite rules should be made as to who are entitled to free accommodation in the Guest Houses. The recommendations of the Commissioner contained in Part I (page 207) extracted in paragraph 47 of the judgment, should be given effect to. The recommendations of the Commissioner in Part I, Chapter VI (pages 122 and 207) extracted in paragraph 48 of the judgment should be accepted in public interest and the Managing Committee shall take steps to implement the above recommendations expeditiously. Z.....
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....tude of the Managing Committee in the construction of Sri Padmam demands an explanation and appropriate action is called for in this behalf. The Managing Committee should be directed to explain regarding the construction of quarters for Government servants in Alathur (Ambadi Estate). Z(3) In discussing personal management and discipline, the recommendations of the Commissioner contained in Part I, Chapter X-- the recommendations of the Commissioner contained in Part I (pages 210 to 212) as Items 20 to 25, are accepted (paragraph 52 of the judgment). Z(4) The recommendation regarding the legal affairs and litigation, contained in paragraph 20 at page 210 while considering Chapter X, is accepted. The Commissioner has recommended that a District Judge should be posted on deputation to head the department. He will be invested with powers to take disciplinary proceedings against the Devaswom servants. He will be a Law Officer-in-disciplinary authority (paragraph 53). Z(5) Regarding the functionaries under the system and their performance and need for change, we are generally in agreement with the various aspects stressed by the Commissioner and which we have s....
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.... Z(11). We direct the Government to submit a panel of five senior I.A.S. Officers (Secretaries to Government) to enable this Court to select one of them as the Commissioner of Guruvayur Devaswom for effectively implementing and carrying out the directions contained in the judgment. This shall be done within six weeks from today (paragraph 63). 66. Before concluding, we are bound to acknowledge with thanks, the meritorious services and contributions made by several persons in connection with this litigation without accepting any remuneration. Our thanks are due to the following persons: (i) Shri S. Krishnan Unni, District Judge and Director of Training, for the enormous trouble and care taken by him in submitting a monumental Commission report, within the time indicated by the Hob'ble Supreme Court of India; (ii) Shri T. P. Kelu Nambiar, Senior Advocate, who spared no pains and assisted this Court, with lucid arguments, to arrive at proper findings and conclusions; (Hi) Shri S. Sankara Subban and Shri K. C. Sankaran, Advocates, who assisted the Commissioner from time to time; (iv) M/s. Menon and Menon, Chartered Accountants, S/Shri M. Rajasekharan Nair, retired D.G.P.,....