IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 DBP.No. 65 of 2010() ------------------ IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – THEFT OF ARTICLES FROM THE TEMPLES AND ITS COMPOUNDS – TDB – REPORT NO. 142/10 SUBMITTED BY THE OMBUDSMAN – SUO-MOTU PROCEEDINGS INITIATED – REG. ......................................... COMPLAINANT : -------------------- SURESH KUMAR, SURESH BHAVAN, MARIAPPALLY, KOTTAYAM. BY ADV. RESPONDENT(S): ------------------------- 1. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE ASST. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUNAKKARA, KOTTAYAM. 3. THE SUB GROUP OFFICER, MARIAPPALLY TEMPLE, TRAVANCORE DEVASWOM BOARD, MARIAPPALLY, KOTTAYAM. BY ADV. SRI. P. GOPAL, SC, TDB. 4. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. R. LAKSHMI NARAYAN SRI. KRISHNA KUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- D.B.P.No.65 OF 2010 ------------------------------------------- Dated this the 10th day of November, 2010 O R D E R Thottathil B.Radhakrishnan, J. 1.This complaint comes before us with the views of the learned Ombudsman. 2.A portion of a sandal wood tree in the premises of Mariappally temple, which is a grade III temple in Kottayam group of Travancore Devaswom Board, was hacked and a piece 5.5 feet long and ½ meter in width was stolen away on the night of 15.6.2008. A Watcher and a Kazhakam, who were on night duty in the temple, slept in the office of the temple. In the morning, the theft was noticed and an FIR was lodged. The investigation reached nowhere and a report of an undetected case is stated to have been filed. DBP.65/10 2 3.The TDB is stated to have taken action against its servants who slept and it is also stated that some amounts were paid by them towards the loss suffered by the Board. 4.On perusing the materials, we are inclined to think that the valuation of the sandal wood does not appear to have properly made over by the police authorities or by the Devaswom. We say this only for the purpose of future guidance. There are other identifiable drawbacks in the preservation of temple wealth. We are told that there is a Squad in the State Police which is concerned about temple thefts. Is it that theft of a sandal wood tree or its portion from a temple compound would not amount to a temple theft? We are not told of any action being taken by the temple squad. There is a vigilance department in the TDB under its control. There is no reason why the Board shall not issue immediate direction to the vigilance department to ensure periodic inspection under its control of the temple wealth, including standing trees, DBP.65/10 3 particularly when it has timber with commercial value and also other usufructs which could augment income of the Devaswom. In the aforesaid circumstances, we direct the Board to consider the matter in the light of all attendant circumstances and issue necessary directions and instructions at the earliest. We also clarify that we have not given our seal of approval to the so-called action taken against the temple staff who were on duty on the particular day and this judgment does not preclude any disciplinary proceedings against them, if the TDB decides to proceed. This case is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.11/11.