IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 DBP.No. 12 of 2011() ---------------------------- IN THE MATTER OF TRAVANCORE DEVASOM BOARD-INCREASE OF RATE FOR 'PARAVAZHIPADU' – COMPLAINT FILED – REPORT NO.3/2011 SUBMITTED BY THE OMBUDSMAN- SUO MOTE PROCEEDINGS INITIATED- REG:- .............. COMPLAINANT (S): ---------------------------- SREEDEVI VILASAM HINDU MATHA CONVENTION, REP.BY ITS PRESENT. BY ADV. SRI.P.HARIDAS RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD- REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE ADMINISTRATIVE OFFICER, CHETTIKULANGARA DEVASWOM, CHETTIKULANGARA . 3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TDB, AUDIT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R3 BY SR. GOVT. PLEADER SRI.R.LAKSHMI NARAYANAN SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE FOR FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.No.12 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2011. Order Thottathil B.Radhakrishnan, J. 1.A report of the learned Ombudsman is before us. That was generated on a complaint by the Sreedevi Vilasam Hindu Matha Convention. 2.Parakkezhunnellippu(ÉùæAÝáæKUßMí) in connection with the festivities of Kumbha Bharani in the Chettikulangara Temple is conducted every year. This involves a process of the devotee offering paddy etc. Such offering can be made in the temple in front of the Deity. It can be done when a symbolic representative Deity is taken out in procession. When the procession reaches the DBP12/11 -: 2 :- homes, the devotees, stated to be of 13 karas, can offer para. This is done by either providing the paddy for such offering or utilising paddy brought by the Devaswom authorities. If the paddy that is utilised is provided by the Devaswom, an amount is charged by the Devaswom. When para is offered in the temple, the rate is Rs.65/-. When a matter came up before this Court in relation to another temple, it was found that the procession in which the representative Deity comes to the home of the devotee is itself a form of privilege and when that is extended, the Devaswom Board could charge a larger amount, if the offering is made with the paddy provided by the Devaswom. This Court had, in relation to that temple, fixed the rate at Rs.120/- and left it to the Board's wisdom to consider applying that rate to other temples also. It was also left to the Board authorities to decide on the rates finally. Thereafter, the Board took the decision that for offering paras from homes utilising paddy provided by the Board, Rs.120/- has to be paid. DBP12/11 -: 3 :- The complaint of the Sreedevi Vilasam Hindu Matha Convention is that fixing Rs.120/- as the rate is excessive and it should be reduced to the original rate of Rs.65/-. Taking into consideration the objections raised by the devotees in that regard, the Board in its wisdom reduced it to Rs.100/-. It was before the learned Ombudsman that the Board made its submission that from Rs.120/-, the rate has been reduced to Rs.100/-. Though the learned Ombudsman has suggested that it could be considered that the rate may be further brought down to Rs.75/-, we do not find our way to interfere with the decision of the Board in that regard. There are two reasons for this. Firstly, the Board has taken a decision on the basis of its views and it relates to the wisdom in fixing rates for certain vazhipads for which the "dÆÕc¢" (material) is provided by the Devaswom itself. The rate of Rs.100/- is fixed only for para offering, for which, the material(paddy) is provided by the Devaswom. This means that any devotee offering DBP12/11 -: 4 :- paddy from his home or provided otherwise, need not have to pay a single pie to have the para offered when the procession comes in front of his home. We, therefore, are not persuaded to accede to the complaint. DBA ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/0302