IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 18717 of 2011(L) -------------------------- PETITIONER(S): --------------- TEMPLE ADVISORY COMMITTEE OF VALIYA KALAVOOR SRIKRISHNASWAMY TEMPLE REP BY ITS SECRETARY A.PAVITHRAN, VALIYA KALAVOOR PATHIRAPALLY PO, ALAPPUZHA, RESIDING AT ETTUKANDATHIL,KALVOOR PO,ALAPPUZHA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD REP BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM.695002 2. COMMISSIONER, TRAVANCORE DEVASWOM BOARD,THIRUVANANTHAPURAM.695002 3. ASSISTANT DEVELOPMENT COMMISSIONER, AMABALAPUZHA GROUP,TRAVANCORE DEVASWOM BOARD, AMABALAPUZHA P.O.688561 4. SUB GROUP OFFICER, VALIYA KALAVOOR SRIKRISHNASWAMY TEMPLE PATHIRAPALLY PO, ALAPPUZHA.688521 R1-4 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18717 of 2011(L) APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- TRUE COPY OF THE REPRESENTATION DT.23.3.11 P2:- TRUE COPY OF THE NOTICE DT.4.7.11 ISSUED BY THE 4TH RESPONDENT PUBLISHED IN THE NOTICE BOARD ON 7.7.11 P3:- TRUE COPY OF THE REPRESENTATION DT.9.7.11 SUBMITTED BY THE PETITIONER. P4:- TRUE COPY OF THE SHOW CAUSE NOTICE DT.12.7.11 P5:- TRUE COPY OF THE LETTER DT.16.7.11 ISSUED BY THE 1ST RESPONDENT P6:- TRUE COPY OF THE REPLY TO EXT.P4 DT.16.7.11 ACCEPTED BY 4TH RESPONDENT. P7:- TRUE COPY OF THE RELEVANT PORTION OF ACCOUNT BOOK ALONG WITH REPORT. 4TH RESPPONDENT'S ANNEXURES --------------------------------------------- A I:- NOTICE DT.16.7.11 A II:- REPLY DT.16.7.11 A III:- REPLY DT.17.7.11 A IV:- ORDER OF DEVASWOM COMMISSIONER DT.20.7.11 A V:- TRUE COPY OF THE REPORT OF THE ASSISTANT DEVASWOM COMMISSIONER AVI:- TRUE COPY OF THE REPORT OF THE SUB-GROUP OFFICER DT.17.7.11 A VII:- TRUE COPIES OF THE UNAUTHORISED COUPONS (FIVE IN NUMBERS) A VIII:- TRUE COPY OF THE PAGE NO.59 OF THE ACCOUNTS. //PA TO JUDGE// TRUE COPY THOTTATHIL B. RADHAKRISHNAN & K.SURENDRA MOHAN,JJ. ----------------------------------------- W.P.(C) No.18717 of 2011 ------------------------------------------ Dated this the 4th day of August, 2011 JUDGMENT Thottathil B. Radhakrishnan,J. This writ petition is filed by the Temple Advisory Committee the period of which was treated as having ended and as a consequence, the Sub Group Officer of the Temple had convened a meeting to have a new Adhoc Committee. 2. As of now, the regulations framed by the Travancore Devaswom Borad for constituting TACs is pending consideration of this Court and the Board has been directed to place its views regarding some of the suggestions of the learned Ombudsman. Therefore the earlier orders issued by this Court in WPC No.18725/10 regarding temporary arrangements as contained in paragraph 5 of that judgment would continue to operate. 3. But in the case in hand, Travancore Devaswom Board authorities have come out with a statement and appendices W.P.(C) No.18717 of 2011 2 taking the clear stand that the petitioner committee cannot be permitted to continue in the wake of certain allegations as to probable misappropriation. This led to order dated 14th July, 2011 directing the petitioner to place its view before the Sub Group Officer and the superior authorities were to take decision. The Devaswom Commissioner has issued Annexure IV affirming the view that the petitioner cannot continue to act as the Temple Advisory Committee and a vigilance enquiry need to be had. When that issue came up yesterday, the petitioners pointed out that they have explained their stand to the Assistant Devaswom Commissioner. We therefore wanted the Board to place before us, the Assistant Devaswom Commissioner's communication which is at serial No.2 in Annexure 4. Today that is placed before us along with I.A. No.12827/11 as Annexure V. That report of the Assistant Devaswom Commissioner also is in conformity with the decision taken by the Devaswom Commissioner. Today the petitioner say that the officer who was the Assistant Devaswom Commissioner at the relevant point of time was yet another person. Institutions work through files and what W.P.(C) No.18717 of 2011 3 ultimately prevails is the material in the file; in this case, Annexure V. 4. We may accede to the petitioners' request that they need an opportunity to clear themselves of any blame rather than be painted of having misappropriated, if they were actually innocent. We therefore accept the request of the petitioner that any final report regarding the conduct of the petitioner should gain the attention of the learned Ombudsman and no action will follow from the Travancore Devaswom Board authorities as against the petitioner, without the approval of the learned Ombudsman. However, we are clear in our mind that nothing now stands in the way of the Board authorities giving effect to Exhibit P2 impugned notice and having a fresh Adhoc Committee as may be found necessary. Hence, subject to what is stated in the penultimate paragraph, we dismiss this original petition leaving open all contentions of the petitioner against the allegations levelled against them and also any proposed action by the Travancore Devaswom Board. We W.P.(C) No.18717 of 2011 4 clarified that the vigilance enquiry can also precede however that no final action would proceed against the petitioner on the basis of such report without clearance of the learned Ombudsman. THOTTATHIL B. RADHAKRISHNAN, JUDGE. K.SURENDRA MOHAN, JUDGE. rkc