IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 32439 of 2010(D) -------------------------------------- PETITIONER(S): ---------------------- ADV.VRAJ MOHAN, YADHU VIHAR, THEVALLY, KOLLAM-9. BY ADV. SRI.PRATHEESH.P., SRI.S.SUDHEESHKAR, SRI.K.SIJU, SRI.A.MUHAMMED RAFFI. RESPONDENT(S): -------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, TDB BUILDING, NANTHANCODE, THIRUVANANTHAPURAM-1. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-1. 3. THE THIRUVABHARANA COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-1. 4. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOLLAM-691 012. 5. THE SUB GROUP OFFICER, REMESWARAM TEMPLE RAMESWARAM, THIRUMULLAVAROM P.O., KOLLAM-691 012. *ADDL. R6 AND R7 IMPLEADED ADDL. R6: THE SUPERINTENDENT OF POLICE, KOLLAM ADDL. R7: THE CIRCLE INSPECTOR OF POLICE, KOLLAM. *ADDL. R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 10/11/2010. R1 TO R5 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB. ADDL. R6 & R7 BY SR.GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C).No.32439 of 2010-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of December, 2010. Judgment Thottathil B.Radhakrishnan, J . 1.The temples under the TDB come under 20 groups. The affidavit of the Secretary filed following the earlier order dated 10.11.2010 states that there are 17 strong rooms in 17 Groups. The learned counsel for TDB states that other three groups, which do not have strong rooms, also utilize the nearest available strong room. 2.The Secretary points out that all the strong rooms are so built that they have concrete walls with an air tight packing system and that the valuables are placed under a double locking system and there is no security issue involved in that regard. WPC32439/10 -: 2 :- 3.It is also pointed out that there will be four watchmen deployed for each strong room, two of whom will be on duty at a time, one in uniform and the other, otherwise. This, according to the Board, would ensure round the clock vigil for the strong rooms. Presence of personnel can be enforced but vigilance by them has also to be ensured. Therefore, any failure in the due performance of duties and responsibilities by the watch and ward staff will have to be visited with prompt and stern disciplinary proceedings, including punishments in appropriate cases. Any laxity on this aspect should also be treated as lack of supervisory control by those higher up in the ladder of administration. We indicate this with the seriousness it deserves because temple wealth has to be appropriated protected. The learned counsel for the Board is right in pointing out that until now, there had been no instance of theft from the strong rooms. That may be so. But that does not mean that there is no WPC32439/10 -: 3 :- lurking threat. Vigilance, therefore, has necessarily to be ensured. 4.It is suggested that in so far as the Anandavalleeswaram Temple strong room is concerned, the external structure including roof may require some immediate rectification and repair of electric lines. It is pointed out that the Thiruvabharanam Commissioner has addressed the Board to facilitate the immediate rectifications. 5.The fact of the matter remains that there are reports of different instances of trespass, including lurking into premises of temples and commission of theft of valuables which may not be placed in the strong rooms. This may also unfortunately include theft of idols, lamps, vessels and also many other movables even relating to faith and rituals. We, therefore, direct that there shall be a proper watch and ward for all temples where such staff is WPC32439/10 -: 4 :- necessary. We are of the view that Grade I and Grade II temples should necessarily have watch and ward and in so far as Grade III temples are concerned, the Board will take appropriate decision, including arrangements wherever necessary with local police force, even on terms. A decision of the Board in this regard and the action taken for deployment of watch and ward staff shall be placed in the form of a report before the learned Ombudsman within a period of 45 days from now. 6.The Thiruvabharanam Commissioner states that verification of Thiruvabharanam in the different strong rooms is going on and certain discrepancies noted are being enquired into. This is recorded. Having regard to the affidavit of the Secretary regarding the nature of the strong rooms, we do not deem it necessary to provide any fencing as suggested in our earlier order. Equally, we leave it to the Board to consider the need for any more security, burglars WPC32439/10 -: 5 :- alarms etc. as suggested in paragraph 4 of the affidavit. These are matters which, if necessary, could be considered, subject to the wisdom of the Board since the ultimate responsibility to ensure the safety of the valuables lies exclusively on the Board, the Commissioners, including the Devaswom Commissioner and the Thiruvabharanam Commissioner and all subordinate authorities thereto. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1312