IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 DBP.No. 61 of 2009() -------------------- (CDB REPORT NO.152 OF 2009 SUBMITTED BY THE OMBUDSMAN REGARDING SREE DHARIASTHAN TEMPLE AT MATTANCHERRY - SUO MOTU PROCEEDINGS INITIATED) COMPLAINANT (S): -------------------- SRI.NYSHAD KUMAR, S/O.M/S.RAMESH & CO. XL/7357, NEAR BLUE DIAMOND HOTEL, MARKET ROAD, ERAKULAM. RESPONDENT(S): ----------------------- 1. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. 2. THE SECRETARY, SREE DHARIASTHAN TEMPLE TRUST, MATTANCHERRY, KOCHI – 02. BY ADV. SRI.C.E.UNNIKRISHNAN SC FOR CDB BY ADV. SRI.KRISHNAKUMAR MANGOT-AMICUS CURIAE BY ADV. SRI.K.N.SIVASANKARAN FOR R2 BY ADV. SRI.SUNIL SHANKER FOR R2 THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- D.B.P.No.61 of 2009 ------------------------------- Dated this the 11th day of March, 2010 O R D E R Raman, Ag.C.J. Based on a complaint made to the Ombudsman that the management in Sree Dhariasthan Temple at Mattancherry, having 75 years old, is not doing anything as envisaged in the bye-laws, but is making money for the private purpose of its officials, the Ombudsman directed the Cochin Devaswom Board to conduct an enquiry. The Control Inspector submitted a report stating that the accounts were not disclosed to the Inspector stating that the temple is not a controlled institution under the Board. But the accounts are audited for the requirements of the General Body. Though initially this was the objection, Ombudsman reports that at the time of passing the order, the question of jurisdiction was not seriously pressed. Ombudsman, in such circumstances, directed the Secretary of the Dhariasthan Temple Trust, Mattancherry, to produce the DBP.No.61/2009 2 accounts for the last three years to be verified by the Inspector of Controlled Institutions. 2. The learned Standing Counsel appearing for the Cochin Devaswom Board submits that accounts have been submitted before the Inspector of Controlled Institutions. In such circumstances, the Inspector will verify the accounts and do the needful, in accordance with law. D.B.P. is closed with the above observations. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.