The Kerala High Court, in a suo moto petition, has appointed Devaswom Commissioner, Travancore Devaswom Board, on a deputation basis who will also act as the Member Secretary of the High Power Committee for Implementation of Sabarimala Master Plan.

The Division Bench of Justice Anil K. Narendran and Justice Harisankar V. Menon observed, “We find that Sri. C.V. Prakash, Additional Secretary to Government, Home Department, who had experience in the Vigilance Department for about 4 years as Under Secretary and Deputy Secretary and experience in the Home Department for about 3 years as Joint Secretary and Additional Secretary, can appointed as the Devaswom Commissioner, Travancore Devaswom Board, on deputation basis, for a period of two years, who shall also act as the Member Secretary of the High Power Committee for Implementation of Sabarimala Master Plan. The Travancore Devaswom Board is directed to issue formal orders in this regard, as expeditiously as possible, at any rate, within a period of two weeks. A copy of that order shall be placed on record in this DBP, along with a memo filed by the learned Standing Counsel for the Board.”

Standing Counsel S Rajmohan appeared for the Respondents.

Vide subsequent order dated July 2, 2024, the period of two years was corrected to May 18, 2024.

The Suo Motu Petition was registered for the constitution of the High Power Committee for Implementation of the Sabarimala Master Plan, the appointment of a Special Commissioner, the appointment of an Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to the appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board and also the appointment of Devaswom Commissioners.

The Court relied on the judgment in Ram Mohan Das v. Travancore Devaswom Board and ors. (1975 Ker) which held that the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms and that any improper act of the Trustees could be questioned by a worshipper.

While relying on Suo Motu v. State of Kerala and Ors. (2022 Ker), the Court observed that the Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, and has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly.

The Court emphasized, “During Mandala-Makaraviilakku festival seasons, the number of footfall on most of the days in Sabarimala will cross one lakh pilgrims. In addition to the pilgrim facilities provided at Sabarimala, the pilgrims are provided with Annadhanam, toilet and Viri facilities at Sabarimala Edathavalams, which include more than 50 temples under the management of Travancore Devaswom Board…Therefore, during Mandala-Makaraviilakku festival seasons, various tasks and responsibilities have to be met by the Devaswom Commissioner, in addition to the duty to supervise and control the working of the subordinate officers in the Board, to ensure that Pilgrims have a safe and comfortable darshan and pilgrimage during the festival season.”

It further said that the Board is duty-bound to exercise proper supervision and control over the acts and proceedings of all officers and servants, manage the properties and affairs of Sabarimala Devaswom, and conduct daily worship, ceremonies and festivals in the temple according to its usage.

“The Devaswom Commissioner is duty bound to protect the properties of the deity from any wrongful claims, theft, misappropriation, etc.”, the Court observed.

The Court also held that all orders by the Travancore Devaswom Board regarding the appointment of the Devaswom Commissioner, either by promotion or deputation, including the extension of the term of appointment on deputation, shall be made only with the concurrence of this Court, by filing interlocutory applications in this DBP and the Board shall also report to this Court, without any delay, any vacancy in the post of the Devaswom Commissioner.

Accordingly, the Court listed the matter for a further date for consideration.

Cause Title: In Re: In The Matter Of Travancore Devaswom Board & Cochin Devaswom Board

Appearances:

Respondents: Standing Counsel S Rajmohan

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