IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 DBP.No. 161 of 2011() -------------------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-APPOINTMENT OF KEEZHSANTHI AT KOTTARAKKARA GANAPATHI TEMPLE-TDB-REPORT NO.167/2011- SUO-MOTU PROCEEDINGS INITIATED-REG) COMPLAINANT --------------------------- SHRI.S.GANAPATHI POTTI, 'GOKULAM', OYYOOR.P.O., VELINELLOORE-691 510. BY RESPONDENT(S): --------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY IT'S SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM-695 003. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM-695 003. R1 & R2 BY ADV. SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SRI.KRISHNAKUMAR MANGOT- AMICUS CURIAE FOR THE OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- DBP.No.161 of 2011 ---------------------------------------- Dated this the 25th day of November, 2011 ORDER Thottathil B.Radhakrishnan, J. Kottarakkara P.D.Manikandeswaram Kshetram has Ganapathy as a deity. The faith as regards that temple attracts large group of devotees on continuous basis, including for offering of unniyappam as nivedyam for Lord Ganapathy. This is one of the most important aspects of that temple. Obviously, the huge demand for unniyappam as nivedyam calls for sizable supply of quality product. Unniyappam is made in front of the deity. This is done by Unniyappam Keezhshanti. The very fact that there is a separate shanthi known as `Unniyappam Keezhshanti` itself shows the importance of being a person exclusively for such activity. With passage of time, while Unniyappam Keezhshanti himself was procuring the articles required for preparing the unniyappam and also was responsible for making available for such materials, it became necessary to consider whether the Board has to provide support system. Ultimately, the Board came out with the proposal whereby, it proceeded to provide the infrastructure including necessary machines for pounding, flour making etc. It also proceeded to DBP.No.161/2011 2 provide sufficient space for stocking the raw materials for unniyappam production. However, going by the papers, we also find that slightly unhealthy running of a competition growing among the personnel of TDB who are eligible to be appointed as Unniyappam Keezhshanthies in that temple. This has also led to some litigations, even challenging transfer orders etc. Learned Ombudsman, in our view, has rightly opined that rotation of an individual for long number of years, like seven years in one case, as Unniyappam Keezhshanti in the temple is not in the larger interest of the affairs of the temple and the activities. We also need to think that as regards any allegation that may crop up regarding the qualify, defects etc. in the product,, the ultimate repository of all blame would be the TDB and not the Unniyappam Keezhshanti, even if in an unfortunate situation there crops up an occasion to consider such matters. We think, in larger public interest, it should be the safest way that the TDB procures the raw materials and provides raw materials as are required qualitatively and quantitatively. This shall be done with the personal responsibility of the Executive Officer of the temple in question. However, the Unniyappam Keezhshanti who will be posted in the temple will be provided a reasonable amount as an allowance because of the load of physical work that is involved in making the unniyappam in the temple. Incidentally, we would also reiterate the views of the learned DBP.No.161/2011 3 Ombudsman that the posting of a person as Unniyappam Keezhshanti for the temple shall not be for a long period . Appropriate norms and guidelines can be framed in this behalf however, ensuring that the post of Unniyappam Keezhshanti is filled by transfer and posting once in every year. This will also exclude any competition in that regard. The other guidelines for rotation and exclusion from being posted immediately after one round of posting are matters best left to the administrative wisdom of the Board authorities. Let this be regulated by the transfer norms. The DBP is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/25.11