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 19TH JANUARY 2011 / 29TH POUSHA 1932 DBP.No. 64 of 2010() ------------------------------ IN THE MATTER OF TRAVANCORE & COCHIN DEVASWOM BOARDS- OPENING & COUNTING BHANDARAMS IN THE TEMPLES-TDB-REPORT NO.140/2010 SUBMITTED BY THE OMBUDSMAN-SUO-MOTU PROCEEDINGS INITIATED. .................... PARTIES: ------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER,SC FOR TDB 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TDB-AUDIT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. 3. COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, THRISSUR. BY ADV. MR.C.E. UNNIKRISHNAN, SC FOR CDB. 4. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR. BY BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. ADV. SRI.KRISHNAKUMAR MANGOT(AMICUS CURAIE) FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ----------------------------------- D.B.P.No.64 of 2010 ------------------------------------ Dated this the 19th day of January, 2011 O R D E R Thottathil B.Radhakrishnan,J. Following the earlier order dated 5.10.2010, we have heard learned standing counsel for the Travancore Devaswom Board, learned Amicus on behalf of the learned Ombudsman and the learned standing counsel for the Cochin Devaswom Board. We have also heard the learned senior Government Pleader. We find that directions contained in Annexure A, if appropriately followed, would have given quietus to the issues. Annexure B circular followed Annexure A. With the passage of time, as suggested by the learned Ombudsman, it is appropriate that further directions are issued. Having regard to the totality of the facts and circumstances, we order the DBP with the following directions. DBP.64/10 2 (i)Annexures A and B shall be strictly enforced and followed by all bound by that judgment and circular. (ii)Notice of the date and time of counting of Kanikka shall be affixed on the notice board and those notices shall be given in writing under acknowledgment to the office bearers of the Temple advisory Committee wherever such committees are in place. Such notice shall be given at least 7 days in advance. (iii)The mahazar prepared at the time of counting shall be got attested by the representative of the TAC who may be present at the time of counting. Such mahazar shall be submitted to the immediate higher officer who is in charge of such counting so as to enable him to verify whether such persons and the member of the TAC was there and whether notice was given to him writing. DBP.64/10 3 (iv)Any lapse to issue notice or to obtain the counter signature of the member of the TAC shall be treated as serious dereliction of duty and the superior authorities shall promptly initiate departmental action in such event. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.20/1.