9911796707
TMI Blog1994 (1) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... kulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, misadministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11-2-1993, treated the said communication of Shri C.K. Rajan as an original petition under Article 226 of the Constitution of India and posted the matter before this Bench for passing appropriate orders. By order dated 12-2-1993, this Bench admitted the original petition and ordered notice to the respondents mentioned in paragraph 6 of the said order. Originally, there were only four respondents. The other respondents were subsequently impleaded, either on their own application or suo motu by this Court. Prima facie, the allegations highlighted in the communication of Shri C.K. Rajan dated 3-2-1993 were found to be serious requiring a per examination and an in depth study to ascertain the root c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntment, tenure of office and other conditions of service of the Administrator and other officers connected with the Guruvayur, as are provided by law shall be kept in view while passing any orders concerning these officers. The High Court is requested to conclude the proceedings expeditiously and if possible, within six months from today. Again, in S.L.P. No. 3231 of 1993, Their Lordships Mr. Justice R.M. Sahai and Mr. Justice N. Venkatachala, by order dated 10-5-1993, adverted to the earlier order passed by the Court on 26-3-1993 and dismissed the special leave petition with the following observations: "Learned counsel for the petitioner urged and vehemently pleaded for restraining the Enquiry Commissioner from submitting his final report as in that case the High Court may not decide the preliminary objection raised on their behalf that there being a detailed procedure provided in the Statute, the High Court should not have exercised its extra ordinary jurisdiction. We do not find any justification for such apprehension. In the result, this petition fails and is dismissed". 3. The Chairman of the Guruvayur Devaswom Managing Committee filed C.M.P. No. 10669 of 1993 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of general matters and the conclusion and the summing up about all matters dealt with in the interim reports. It contains 20 different Chapters. Chapters I to XIX deal with various specified matters and Chapter XX is appendices to Part I containing various records, which are relevant for understanding the final report. Chapters I to XIX are in pages 1 to 233 and Chapter XX contains 1 to 152 pages. Part II of the final report contains all the fifteen interim reports -- pages 1 to 303. The final report makes the above fifteen interim reports as part thereof. The details of the interim reports are as follows: Number of the reports. Date interim Subject dealt with therein Date of the order passed by Court on the interim reports Objections, if any, filed by the parties (1) (2) (3) (4) (5) 1 of 1993 15-2-1993 General -- Records showing the 16-2-1993, first visit of the Commissioner to 17-2-1993, Guruvayur 22-2-1993. No objections. 2 of 1993 10-3-1993 Gokulam -- Vengad Estate 11-3-1993 18-3-1993 No objections. 3 of 1993 30-3-1993 Inspection of paddy 31-3-1993 Objections filed by the Devaswom Managing Kalavara, publication division of Devaswom Devaswom Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Part I of the final report. They are as follows: Action suggested Interim Report No. 1 Nil Interim Report No. 2 Explanation to be called for from the Committee. Interim Report No. 3 Explanation to be called for from Shri Harikrishna Menon, P. A. (Fin.) and explanation to be called for from Temple Kalavara Clerk, Koima concerned. Interim Report No. 4 Nil Interim Report No. 5 Notice to be issued to all Managing Committee members calling for explanation for changing the plan and also not fixing the rates of reconstruction. Call for explanation from members of the Committee and the Commissioner. Interim Report No. 6 Explanation to be sought from the Committee and the concerned persons. Explanation to be called for from the doctor and the pharmacist. Call for explanations from the Administrator and concerned officials. Interim Report No. 7 Explanation to be called for from the Committee and the Commissioner. Interim Report No. 8 Explanation to be called for from Shri Harikrishna Menon, P. A. (Fin.) Interim Report No. 9 Nil Interim Report No. 10 Explanation to be called for from the concerned Engineer and also the Committee relating to the spending of excess amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1993 and we adjourned the hearing of the matter to 24-11-1993. The hearing accordingly began on 24-11-1993. It was heard on many days. Hearing was over on 20-12-1993. 8. The third respondent Committee has filed the following statements to the interim reports: No. of the interim reports Date of the statement 3 5-4-1993 4 17-10-1993 6 17-10-1993 7 17-10-1993 8 17-10-1993 9 17-10-1993 10 17-10-1993 11 17-10-1993 12 17-10-1993 13 17-10-1993 14 18-9-1993 15 17-10-1993 The first respondent -- State of Kerala -- has filed the following statements : 1. Statement filed by the Commissioner and Secretary (Finance) dated 15-10-1993 2. Statement filed by the Government Pleader dated 2-12-1993 3. Preliminary objections dated 29-5-1993 The 9th respondent has filed objections to the report of the Commissioner dated 31-10-1993. One of the members of the Managing Committee, Shri K. Gopinathan (15th respondent) has filed a statement dated 7-11-1993. Shri P. N. Narendranathan Nair and Shri A. P. Mohandas, Members of the Committee (respondents 12 and 13) have filed a joint statement dated 23-10-1993. The fourth respondent (Administrator) has filed a statement dated 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the recommendations or suggestions objected to or modifications sought, all others will in effect stand accepted. We passed an order directing the parties in the original petition, especially respondents 1, 2 and 3, to file statements in writing as to which of the recommendations they are objecting in whole and which of the recommendations they are objecting in part. Parties were directed to file their statements on or before 20-12-1993. Accordingly, the Guruvayur Devaswom Commissioner (2nd respondent) has filed a statement dated 20-12-1993. The fifth respondent has filed a detailed statement dated 20-12-1993 along with two annexure. The third respondent has also filed a statement dated 20-12-1993. The other parties have not filed any statement, as directed by this Court in the order dated 17-12-1993. At this juncture, we should point out one important aspect. Though, as stated in paragraphs 6 and 8 of the judgment, respondents 1, 2, 3, 5, 9, 12, 13 and 15 have filed statements, either objecting to the interim reports or the final report and/ or the recommendations of the Commissioner, at the time of arguments, only a few of the matters stated in the statements were highlighte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a common seal; it may sue in its own name and may be sued through the Administrator. As per Section 4 the Committee is to consist of (a) the Zamorin Raja, (b) the Karanavan for the time being of the Mallisseri Illam at Guruvayur, (c) the Thanthri of the temple, ex-officio, (d) a representative of the employees of the Devaswom nominated by the Hindus among the Council of Ministers, and (e) not more than five persons, of whom one shall be a member of a Scheduled Caste, nominated by the Hindus among the Council of Ministers from among persons having interest in the Temple. Sub-section (2) enumerates the disqualifications for nomination as members of the Committee. Sub-section (3) provides for the election of a Chairman of the Committee and Sub-section (4) requires the members of the Committee before entering upon office to make and subscribe to an oath in the form mentioned therein. As per Sub-section (1) of Section 5 the nominated members are entitled to hold office for a period of two years and are eligible for re-nomination. Sub-section (2) relates to resignation by a member by notice in writing issued to the Government and Sub-section (3) empowers the Government to remove a memb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 17 enumerates the powers and duties of the Administrator. The Administrator is required under Section 18 to prepare and submit an establishment schedule to the Committee showing the duties, designations, grades, etc. of the officers and employees of the Devaswom and the Committee is required to forward the same to the Commissioner with us recommendations. The Commissioner is entitled to make such modifications as are found necessary and the schedule would come into force on its approval by the Commissioner with or without modifications. The right to appoint officers and employees of the Devaswom is vested in the Committee subject to the provisions of Section 19 of the Act. Section 20 requires the Committee to submit proposals to the Commissioner fixing the dittam or scale of expenditure and for allotment of funds for the various objects. The Commissioner is required to scrutinise the proposals and, subject to such modifications or alterations as may be made by him, the proposals submitted by the Committee shall be final. The Committee is given a right to file a suit against orders to make rules passed by the Commissioner on the proposal submitted under Section 20. Chapter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Committee constituted under Section 4 shall be the successor of the Renovation Executive Committee constituted under the old Act. Section 43(1) repeals the Guruvayur Devaswom Ordinance, 1977 and under Sub-section (2) anything done or any action taken under the Ordinance shall be deemed to have been done or taken under the new Act". 12. For the purpose of this original petition, we have to deal, in more detail, with some important provisions of the Act and the Rules made thereunder, which were highlighted by counsel in the course of arguments. Section 2(b) of the Act defines the word Commissioner' as follows: "Commissioner means, an officer not below the rank of Secretary to Government, who professes the Hindu Religion and believes in temple worship appointed by the Government, by notification in the Gazette to be the Commissioner for the purposes of this Act". Section 2(i) defines 'temple' Under Section 4(4), every member of the Committee shall, before entering upon his office, make and subscribe in the presence of the Commissioner, an oath. Section 6(4) provides that where the Committee is superseded, the Commissioner shall exercise the powers and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke alterations or additions as he deems fit. He shall send a copy of the budget as approved by him to the Government (Section 21(4)). Section 22 envisages revised or supplementary budget. The same should be submitted to the Commissioner. Under Section 24, after completing the audit for any year or shorter period or for any transactions as he deems fit, the auditor shall send a report to the Commissioner. Under Section 25(2), the auditor shall also submit a report on such other matters relating to the accounts as may be prescribed, or on which the Commissioner may require him to report. Section 26 provides for rectification of defects disclosed in audit and order of surcharge against Committee, etc. Section 26(1) provides that the Commissioner shall send a copy of every audit report to the Committee and it shall be the duty of the Committee to remedy any defects or irregularities pointed out by the auditor and report the same to the Commissioner. Under Section 26(2), the Commissioner can pass order of surcharge against an erring Committee or any other officer or employee. Under Section 26(3), the Commissioner shall forward a copy of such order to the Committee or the officer or othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... administration is carried on properly. Mr. Nambiar also laid emphasis on Sections 10 and 27 of the Guruvayur Devaswom Act, 1978 which deal with the duties of the Guruvayur Devaswom Committee and the authority of the Committee to incur expenditure for specified purposes. The provisions of Sections 10 and 27 will have a great bearing in adjudicating many acts of mismanagement, maladministration and unauthorised and illegal acts of the Committee as found by the Commissioner in Interim Report Nos. 1 to 15 and in the final report. We may extract the above two statutory provisions for reference: "10. Duties of Committee:-- Subject to the provisions of this Act and the Rules made thereunder, it shall, be the duty of the Committee---- (a) subject to the custom and usage in the temple to arrange for the proper-performance of the rites and ceremonies in the temple and the subordinate temples attached thereto in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under Section 20 or till the dittam or scale of expenditure is fixed under that section, in accordance with the dittam or scale of expenditure fixed for the temple and the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he continuance of any grant or contribution to any poor home or other similar institution which is maintained by or for the benefit of persons other than those belonging to the Hindu community, if such grant or contribution was being made to such poor home or institution before the commencement of this Act as the customary practice associated with the temple. Provided further that no expenditure shall be incurred for any of the purpose mentioned in Clauses (f) and (g) unless the same is-sanctioned by custom or practice associated with the temple". 13. In Narayanan Namboodiri's case, while considering the validity of the provisions of the Guruvayur Devaswom Act, 1978, the Court came to the following conclusion in para 32 (page 653) (of Ker LT): (at p. 184 of AIR) of the judgment: "The results of the foregoing discussion are as follows: (a) Clauses (d) and (e) of Sub-section (1) of Section 4, relating to nomination of members to the Committee by the Hindus among the Council of Ministers will be interpreted as 'Hindus among the Council of Ministers having faith in temple worship'; (b) Section 32 of the Act is declared as unconstitutional and void; (c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other circumstances. Many acts of omissions and commissions of the administration have come to light. Respondents 1 to 3, who initially took a stand against the enquiry, later stated that many recommendations and proposals of the Commissioner are welcome and they are prepared to implement such recommendations. The matter has gone a long way and has brought to light realities which cannot be over-looked or ignored by any person. In such circumstances, it is idle for the Senior Government Pleader to contend that the initiation of this public interest litigation was without jurisdiction or in any way unauthorised or improper. We repel the said plea. 15. Then it was faintly suggested by counsel for the third respondent-Committee Mr. Dandapani that the petitioner had alternative remedies to ventilate his grievances and in that perspective, the proceeding under Article 226 of the Constitution by initiating this public interest litigation was unnecessary. According to counsel, as per the provisions of the Act, the petitioner could have brought to the notice of the Commissioner or the Government the various acts of omissions and commissions and could have obtained redress. He did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the pursuit of alternate remedy is a meaningless ritual or an empty formality or the alternate remedy is not equally efficacious or there is violation of the principles of natural justice or fairness, the alternate remedy is never a bar. We are also of the view that in a public interest litigation, the entire complexion changes and the availability of alternate remedy sinks into oblivion. 17. In evaluating the alternative remedies available to a person to ventilate his grievances regarding the mismanagement or maladministration of the Sree Krishna Temple, Guruvayur, an important aspect highlighted before us by Mr. Kelu Nambiar, amicus curiae appointed by this Court deserves mention. According to Mr. Nambiar, apart from the right of suit under Section 92 of the Code of Civil Procedure and initiation of proceedings under Article 226 of the Constitution, this Court has got 'inherent jurisdiction' (a reserve power) not conferred by the statute to protect the interest of a religious or a charitable trust or deity, the class of persons who cannot, on their own, take proceedings to protect or safeguard their interests and set right the abuses or mismanagement or maladministrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, pages 210 and 211: "Apart from statute, the court has an inherent jurisdiction to remove a trustee and to appoint a new one in his place. As the interests of the trust are of paramount importance to the court, this jurisdiction will be exercised whenever the welfare of the beneficiaries requires it, even if the trustees have been guilty of no misconduct". The further passages occurring in page 170, Section l(b)(ii) and (iv) and Section 4 (page 171) of the same book were relied on in this connection: "(ii) The power to institute inquiries with regard to charities or a particular charity or class of charities to call for documents relating to a charity to inspect records and to take steps to remedy misconduct or mismanagement. (iv)The power to establish a scheme, to appoint, discharge or remove trustees, officers or servants of a charity and to make vesting orders. 4. It is the province of the Crown as parens patriae to enforce the execution of charitable trusts, and it has always been recognised as the duty of the law officers of the Crown to intervene for the purpose of protecting charities and affording advice and assistance to the court in the administ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y came under the protection of the ruling authority. There is indeed no clear written texts directly bearing on the subject and the text of Narada, which says that 'a king can reduce to slavery a Sanyashin who is guilty of incontinence', may conceivably suggest only in a vague way that the King had some sort of jurisdiction over religious bodies and institutions. As I have pointed out, however, there was undoubtedly some sort of customary law in India relating to temples and endowments which in the last resort had to be enforced by the King. The Smrit writers make it a duty on the part of the King to uphold the customs and usages of the land unless they are contradictory to revelation; and the Mitakshara, in commenting upon a passage of Yajna-valkya relating to the enforcement of customs, expressly refers to customs in connection with management of temples. The duty of protecting endowments is one of the primary duties of the King as mentioned in Sukraniti and other treatises and this is borne out by various historical documents which exist even at the present day. That such jurisdiction exited in ancient times has been asserted in more than one pronouncement of the judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same effect is the decision by the Madras High Court is Sitharama Chetty v. Sir S. Subramania Ayyar ILR 39 Mad 700 : AIR 1917 Mad 551, where it was held that in spite of there being a committee constituted under the Religious Endowments Act, the Court has jurisdiction to frame a scheme under Section 92 of the C.P.C., 1908 and introduce changes in the administration which the committee is not legally competent to introduce but which the Court considers desirable to meet the altered circumstances and requirements of the time." Law of Hindu Religious and Charitable Endowments, V. K. Varadachari, III Edition, Chapter XIII Enforcement of Trusts, pages 471 to 474 was also relied on in this connection." We will only add the following passages from Law of Hindu Religious and Charitable Endowments, V. K. Varadachari, III Edition (pages 473 and 474) to the following effect: "In Manohar Ganesh v. Lakshmiram ILR (1888) 12 Bom 247, West J. also observed: Under the native system of Government though it was looked upon as a heinous offence to appropriate to secular purposes the estate that had been once dedicated to pious uses, yet the State in its secular executive and j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd background. He is a judicial officer of repute and credibility. None of the parties, who appeared before us, at any point of time, questioned the capacity, credibility and integrity of Shri Krishnan Unni. The Commissioner has submitted" fifteen interim reports and the final report in two volumes. He has taken enormous pains to meet various persons, gather details and discuss all aspects that arose for consideration. He took the trouble for personally inspecting very many places on many occasions. A bare perusal of the fifteen interim reports and the final reports, which contain more than 500 pages, will go to show that the Commissioner has done the job entrusted to him with remarkable ability and skill. The Commissioner has posed the question that arose for "consideration in a straight forward manner and in the real perspective. The details of all aspects that arose for consideration were adverted to and the pros and cons were considered with remarkable ability. After a discussion of various aspects and perusal of various materials that were available, the Commissioner has entered specific findings and has made specific recommendations. It is true that the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r would furnish prima facie evidence of the facts and data gathered by the Commissioner and that is why the Supreme Court is careful to appoint a responsible person as Commissioner to make an enquiry or investigation into the facts relating to the complaint. It is interesting to note that in the past the Supreme Court has appointed sometimes a district Magistrate, sometimes a district Judge, sometimes a professor of law, sometimes a journalist, sometimes an officer of the Court and sometimes an advocate practising in the Court, for the purpose of carrying out an inquiry or investigation and making report to the Court because the Commissioner appointed by the Court must be a responsible person who enjoys the confidence of the Court and who is expected to carry out his assignment objectively and impartially without any predilection or prejudice. Once the report of the Commissioner is received, copies of it would be supplied to the parties so that either party, if it wants to dispute any of the facts or data stated in the Report, may do so by filing an affidavit and the Court then consider the report of the Commissioner and the affidavits which may have been filed and proceed to adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Constitution. This is a power which is indeed incidental, or ancillary to the power which the Court is called upon to exercise in a proceeding under Article 32 of the Constitution. It is entirely in the discretion of the Court, depending on the facts and circumstances of any case, to consider whether any such power regarding investigation has to be exercised or not. The Commission that the Court appoints or the investigation that the Court directs while dealing with a proceeding under Article 32 of the Constitution is not a Commission or enquiry under the Code of Civil Procedure. Such power must necessarily be held to be implied within the very wide powers conferred on this Court under Article 32 for enforcement of fundamental rights. I am, further of the opinion that for proper exercise of its powers under Article 32 of the Constitution and for due discharge of the obligation and duty cast upon this Court in the matter of protection and enforcement of fundamental rights which the Constitution guarantees, it must be held that this Court has an inherent "power to act in such a manner as will enable this Court to discharge its duties and obligations under Article 32 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on proper material, inclusive of the inferences drawn from the various facts and circumstances. We hold that, prima facie, the reports submitted by the Commissioner are acceptable and constitute evidence in the case, on the basis of which this Court will be entitled to proceed further. We should bear in mind that respondents 1,2 and 3 only filed statements, None of them have filed affidavits objecting to the reports filed by the Commissioner. There is only a solitary case of an affidavit filed by the Commissioner and Secretary (Finance) in-charge of Devaswoms dated 29-5-1993 when the preliminary objection was taken by the State of Kerala about the maintainability of the petition. The other parties have also filed only statements. It is true that the fourth respondent has filed affidavits for certain matters. But none of the parties have filed proper affidavits controverting the findings of the Commissioner; nor has any evidence been let in, to assail the well considered findings of the Commissioner. There was no request from any of the parties to examine the Commissioner. In these circumstances, we are of the view that prima facie evidence and various findings entered by the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd are bona fide and that 'public interest' demands action, we should restrain ourselves while passing orders or giving directions. There are innumerable decisions of the Supreme Court in the matter. It is unnecessary to refer to all of them. The broad guidelines or principles laid down in the following important decisions of the Supreme Court on the subject are relevant: 1. Fertilizer Corporation Kamagar Union v. Union of India AIR 1981 SC 344 --Constitution Bench. 2. S. P. Gupta v. President of India AIR 1982 SC 149 -- Bench of seven Judges. 3. People's Union for Democratic Rights v. Union of India AIR 1982 SC 1473. 4. Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802. 5. State of Himachal Pradesh v. A parent of a student of Medical College, Shimla AIR 1985 SC 910: (1985) 3 SCC 169. 6. Forward Construction Co. v. Prabhat Mandal AIR 1986 SC 391. 7. State of Himachal Pradesh v. Umed Ram Sharma, (1986) 2 SCC 68 : (AIR 1986 SC 847). 8. M. C. Mehta v. Union of India AIR 1987 SC 1086 -- Constitution Bench. 9. Rural Litigation and Entitlement Kendra v. State of U. P. AIR 1988 SC 2187. 10. Sheela Barse v. Union of India AIR 1988 SC 2211. 11. Janata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re coming to the forefront. The Court has to innovate new methods and devise new strategies for the purpose of providing access to justice to large masses of people who are denied their basic human rights and to whom freedom and liberty have no meaning. The only way in which this can be done is by entertaining writ petitions and even letters from public spirited individuals seeking judicial redress for the benefit of persons who have suffered a legal wrong or a legal injury or whose constitutional or legal right has been violated but who by reason of their poverty or socially or economically disadvantaged position are unable to approach the Court for relief. It is in this spirit that the Court has been entertaining letters for judicial redress and treating them as writ petitions and we hope and trust that the High Courts of the country will also adopt this proactive, goal-oriented approach. But we must hasten to make it clear that the individual who moves the Court for judicial redress in cases of this kind must be acting bona fide with a view to vindicating the cause of justice and if he is acting for personal gain or private profit or out of political motivation or other oblique ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest which demands that violations of constitutional or legal rights of large number of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed. That would be destructive of the Rule of Law which forms one of the essential elements of public interest in any democratic form of Government. The Rule of Law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. . . Public interest litigation, as we conceive it is essentially a co-operative or collaborate effort on the part of the petitioner the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. . . The legal aid movement and public interest litigation seek to bring justice to these forgotten specimens of humanity who constitute the bulk of the citizens of India and who are really and tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e instance of a meddlesome interloper or busybody and would ordinarily insist that only a person whose fundamental right is violated should be allowed to activise the Court, but there is no fetter upon the power of the Court to entertain a proceeding initiated by any person other than the one whose fundamental right is violated, though the Court would not ordinarily entertain such a proceeding, since the person whose fundamental right is violated can always approach the Court and if he does not wish to seek judicial redress by moving the Court, why should some one else be allowed to do so on his behalf. This reasoning however breaks down when we have the case of a person or class of persons whose fundamental right is violated but who cannot have resort to the Court on account of their poverty or disability or socially or economically dis-advantaged position and in such a case, therefore, the Court can and must allow any member of the public acting bona fide to espouse the cause of such person or class of persons and move the Court for judicial enforcement of the fundamental right of such person or class of persons. This does not violate, in the slightest measure, the language of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lation with a view to curbing the evil of ragging, for otherwise it is difficult to see why, after the clear and categorical statement by the Chief Secretary on behalf of the State Government that the Government will introduce legislation if found necessary and so advised, the Division Bench should have proceeded to again give the same direction. This the Division Bench was clearly not entitled to do." In Forward Construction Co. v. Prabhat Mandal (Regd.), Andheri, AIR 1986 SC 391 at page 398, dealing with the question whether the principle of res judicata applies to public interest litigation, the Court stated thus : ". . .In view of Explanation VI it cannot be disputed that Section 11 applies to public interest litigation as well but it must be proved that the previous litigation was the public interest litigation, not by way of a private grievance. It has to be a bona fide litigation in respect of a right which is common and is agitated in common with others." In State of H. P. v. Umed Ram Sharma (1986) 2 SCC 68 at page 78 : (AIR 1986 SC 847 at P. 853) (Para 23), the Court posed three questions for consideration. (It was a public interest litigation case). & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Court under Article 32 to gather relevant material bearing on the issues arising in this kind of litigation, which we may for the sake of convenience call so called action litigation, and to appoint Commissions for this purpose is concerned we endorse what one of us namely, Bhagwati, J., as he then was, has said in his judgment in Bandhua Mukti Morcha's case (supra). We need not repeat what has been stated in that judgment. It has our full approval. 7. . . The power of the Court is not only injunctive in ambit, that is, preventing the infringement of a fundamental right, but it is also remedial in scope and provides relief against a breach of the fundamental right already committed vide vide Bandhua Mukti Morcha's case AIR 1984 SC 802 (supra) . . . He can in that event seek remedial assistance under Article 32. The power of the court to grant such remedial relief may include the power to award compensation in appropriate cases." In Rural Litigation and Entitlement Kendera v. State of U.P., AIR 1988 SC 2187, at page 2195 (para 16) the Court stated as follows: ". . . We may not be taken to have said that for public interest litigations, procedural laws ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 278 and 281, para 87, 94 and 95 of AIR) as follows: "89. From the above prouncements, it emerges that this summit Court has widely enlarged the scope of PIL .................. and rendered many virtuosic pronouncements and issued manifold directions to the Central and State Governments, all local and other authorities within the territory of India or under the control of the Government of India for the betterment of the public at large in many fields in conformity with constitutional prescriptions of what constitutes the good life in a socially just democracy. The newly invented proposition of law laid down by many learned Judges of this Court in the arena of PIL irrefutably and manifestly establish that our dynamic activism in the field of PIL is by no means less than those of other activist judicial systems in other parts of the world. 96. On an assiduous analysis and scrupulous study of the major landmark decision of Gupta case which serves as a charter of PIL, we unreservedly hold that the said decision describes the broad definition of the expression 'PIL' explores the conceptual problems, outlines the evolution of legal strategies, discusses the institutitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of people who are; poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed . . . Public interest litigation as we conceive it, is essentially a co-operative or collaborative effort on the part of the petitioner the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, to those who are in a socially and economically dis-advantaged position, as the petitioner who brings the public interests litigation before the Court. The State or public authority which is arrayed as a respondent in public interest litigation should, in fact, welcome it, as it would give it an opportunity to right a wrong or to redress an injustice done to the poor and weaker sections of the community whose welfare is and must be the prime concern of the State or the public authority." 25. It should also be noticed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o uphold publicly mischievous executive actions which have been so exposed, when arbitrariness and perversion are writ large and brought out clearly, the Court cannot shirk its duty and refuse its writ. Advancement of the public interest and avoidance of the public mischief are the paramount considerations. As always, the Court is concerned with the balancing of interests, and we are satisfied that in the present case, that the High Court had little option but to act as it did and it would have failed in its duty had it acted otherwise and refused to issue a writ on the ground that the allegation of personal bias against the Chief Minister was false. Had that been done the public mischief perpetrated would have been perpetuated. That is not what Courts are for". This decision highlights the principle that when arbitrariness, mal administration, mismanagement or other unbecoming conduct or act of the Government or a public authority comes to the notice of the Court, the Court is bound to take notice of it and issue appropriate directions in the matter. 26. Now we shall consider the case on the merits. As stated by us in paragraph 10 supra, we are adjudicating or discussing in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of hearing. We accept Interim Report No. 1 of 1993. 29. Interim Report No. 2 of 1993 is dated 10-3-93. It deals mainly with Gokulam, situate in Vengad, a place 50 Kms. away from Guruvayur. The matter is referred to in the final report also (see Part I Chapter II Item No. 14, pages 40 to 48). The Gokulam in Vengad Estate has an extent of about 96.5 acres with 820 coconut trees, 3000 cashew trees, 20 mango trees and 16 jack trees. For the current financial year, the right to take usufructs from the estate is sold for ₹ 31,451/-. As per the records, there are 165 animal. The Commissioner made a surprise visit to Gokula on 8-3-1993 along with Shri C. P. Neelakanta Iyer, Professor and Head of the Department of Animal Reproduction, College of Veterinary and Animal Sciences, Mannuthy, Thrissur and Shri Ravindran, Finance Officer, Guruvayur Devaswom. In the audit report by the Local Fund authorities, it is mentioned that there was a mass death of animals during 1985-86, i.e. 113 animals (Appendix F). According to the Commissioner, the animals are not kept in good condition, the existing sheds are not kept clean, there are no meadows to graze, there is no pure water to drink ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evotees. They are accommodated long away from the temple. The plight of those animals is deplorable. They are not fed properly and also not taken care of. About 200 cows have already disappeared. It is stated, at page 69 of Part I of the final report, that the Managing Committee has passed a resolution (Resolution No. 54) dated 26-4-1992 to purchase land from Nenmini Mana to have a Gokulam near the temple. There is also a proposal to construct a Gosala at Kaveed in the property belonging to the Devaswom. The Commissioner has found that the Thanthri's allegation regarding the Gokulam is substantially true. In the final report (Part I, page 72), the Commissioner has stated that the Administrator has complied with the directions given by him to this extent by appointing a Veterinary Surgeon and also two Livestock Assistants. Electrical connection has also been given to the borewell so that now perennial supply of fresh drinking water is available for animals. Even after this, the fact remains that the animals are not properly kept, they are not looked after properly, the surroundings and conditions are not hygienic, proper registers are not kept and the overall administration of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt No. 3 of 1993 (Final Report Part I, pages 12-15, also deal with paddy and rice), The Commissioner visited Guruvayur on 24-3-1993 to inspect the records and godowns, The publication division was also inspected. In the detailed report filed after physical verification, the Commissioner, has found that the stock-register regarding paddy showed excess stock for which there is no proper explanation. It is evident that the stock register does not reflect, the true stock position in the godown (page 21 of Part II). The Commissioner took different samples of paddy from different gunny bags and got them examined by Dr. R. Gopalakrishrian, former Director of Research, Kerala Agricultural University, Thrissur. He is a Very experienced officer and was the Rice Adviser to the Government of Kerala. The certificate given by him has been referred to, to hold that the quality of paddy examined is substandard. Regarding paddy, there is no proper stock register, no periodical verification and the quality is substandard. The Commissioner inspected the rice godown inside the temple known as 'Kalavara' along with Shri P. S. Menon, Senior Chartered Accountant. The stock position for the month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner. He is of Opinion that this should be prevented. The Commissioner suggested that explanation to be called for from Shri Harikrishna Menon, P.A. (Finance) and from temple Kalavara Clerk and Koima concerned. The Managing Committee has filed a statement or objection to Interim Report No. 3 of 1993 dated 5-4-1993. The Committee has not offered any proper explanation for the various defects pointed out; nor has the explanation given in the statement been substantiated. The explanation offered for excess stock of paddy, the quality of paddy, rice stock, absence of stock register for furniture in the Guest Houses, encroachment in the immovable properties of the Devaswom, sale of male calves, etc. are all vague, evasive and are of a general nature. When this was pointed out at the time of hearing, the only plea of counsel for the third respondent is that the Managing Committee is prepared to take remedial action and conduct an enquiry as proposed by the Commissioner. The Committee has no defence worth mentioning for the various lapses pointed out and such instances show how the administration is being carried on. Respondents 1 and 2 have also nothing to state on Interim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re temporary employees. They are not disciplined and they are not accountable. The state of affairs does not guarantee the temple security. Shri Rajasekharan Nair has suggested that in order to improve the security, it would be desirable to put temple security in charge of a police officer in the rank of Superintendent of Police or Deputy Superintendent of Police on deputation from the State Police and to select the subordinate staff at the level of Inspector of Police, Sub-Inspector of Police, Head Constables and Constables, including a few women police, on deputation. The persons selected for temple security should be noted for their integrity, devotion to duty, etc. Policemen should be deployed for security within the temple premises and outside. They should have an arm band indicating their rank. The Commissioner has also concurred with the recommendations made by Shri Rajasekharan Nair. The security of the temple requires revamping including the keeping of Hundies and their structure; situation etc. The Commissioner suggested that the police security staff should not be controlled by the Committee and complaints against them should be heard by judicial authority. Instead of te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggestion that the temple and its vicinity should be made a protected area and to ban all demonstrations, meetings, etc. Similarly, the suggestion to provide for powerful are Lamps and to post Guards on duty round the clock in front of the strong room and outside the temple is accepted. The Committee is of opinion that no change is required regarding jewels and other valuables. It is not practicable to issue identity cards. The Committee has very serious objections to the suggestion to shift the ticket counter and Thulabharam and distribution of prasadam outside the temple boundary wall. It should be inside the temple. The various matters dealt with in Interim Report No. 4 of 1993 are very sensitive. It cannot be denied that utmost security should be ensured for the temple, its vicinity and its properties. The serenity of the atmosphere should be maintained. This is agreed to by all parties. How this should be done is the only question that calls for adjudication. We are of opinion that the Committee has totally failed to advert to such matters and to take proper steps, keeping in view the need of the changing times. There has been lack of care and efficiency in management. There i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king of the sub-ordinate staff should be periodically watched and proper registers should be kept about the personnel employed, supervision etc. It is also highly desirable that proper registers are maintained showing the persons on duty and at what place and the time during which they were on duty. Powerful are lamps should be provided in the outer portion of the sanctum sanctorum. Regarding the shifting of the sale of tickets and distribution of prasadam, we are of the view that they should not be in a place completely away and outside the temple compound. We had occasion to discuss with the Thanthri. He agreed that the distribution of prasadam can be in a building adjacent and contiguous to the temple premises or 'prakaram'; so the sale of vazhipadu and distribution of prasadam or even Thulabharam can be arranged in a building which is adjacent and contiguous to the temple, but need not necessarily be inside the temple premises, so as to minimise the crowd of worshippers inside the temple. The Thanthri made it clear to us that the prasadam and other things cannot be sold in a place wholly outside and far away from the temple. But distribution of prasadam and other things ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the directions in that regard shall be implemented by the Managing Committee, as stated herein above. 32. Interim Report No. 5 of 1993 dated 16-4-1993 is a landmark in this proceeding. It has really opened the eyes of many. For more, reasons than one, the matter requires a careful scrutiny. Shri P. C. Divakaran Namboodiri-pad Thanthri of the Guruvayur pevaswom has sent a statement to the Commissioner by registered post, wherein he has raised very serious allegations against the administration of the temple and has also alleged irregu-larities, corrupt practices and mismanagement in the temple affairs. Many of these allegations are voiced by other members of the public also. In particular, the Thanthri has complained about the 'Sree Padam' building under construction. The decision of the Committee relating to the building was taken when fee was not present and the tenderer was given about 45% in excess of the tender amount. This has given monitor considerable public criticism and the Thanthri has requested the Commissioner to make a thorough investigation. Since the last date for filing complaints by the public was 27-3-1993 and the statement of the Thanthri reached the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, about 200 cows have disappeared. The cows are the dearest animals of the Lord and the ill treatment of the cows is the one thing which may never be forgiven by the Almighty. The decision to acquire some property near the temple to accommodate the cows was never implemented. The position of elephants also is almost identical. The animals are ill-treated. Indifference and delay in the discharge of duties by concerned officers are common. Loss of valuable articles occurs very often. There is widespread rumour regarding corruption and favouritism about officers connected with the administration of the temple. Illegal gratifications are taken by the concerned authorities in the matter of appointment of teaching and non-teaching staff of the schools and colleges owned by the temple and also in the matter of appointment of staff to the temples subordinate to Guru-vayur Devaswom. Direct evidence may not be available regarding these matters. In the matter of choosing banks for depositing the surplus funds of the Devaswom, considerable favouritism is shown on extraneous considerations. Banks are being nominated by the members of the Committee on the basis of collusion and mutual understan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is eminently a fit case to conduct a thorough probe into all the allegations levelled against the administration by the Thanthri and to take necessary steps to streamline the administration. Shri P. N. Narendranathan Nair, retired District Judge and one of the members of the Managing Committee, by his communication dated 22-5-1993, has informed the Commissioner that all is not well at Guruvayur and there is total confusion in the affairs of the various departments resulting in mismanagement. The Maramath Department, the Electricity Wing, the Hospital, the Publication Wing, the various lodges the affairs of the temple, etc. are not properly attended to and there is no coordination of these departments. There is no effective control or supervision. There is no effective administration in the temple for the last several years. He welcomes the enquiry and he is convinced that it will be a turning point in the history of Guruvayur temple. He prays that this Court may be pleased to cure the maladies affecting the temple administration. Some drastic steps, including legislative measures, are required to revamp the temple administration. The Committee may be renamed as Guruvayur Devasw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand taken by a few of the Committee members resenting the initiation of this proceeding and the appointment of the Commissioner, stands self-condemned. We do not think that the matter requires any further elaboration except to advert to the statement filed by the Thanthri, which is supported by four other members. The fourth respondent-Administrator has also filed a detailed statement controverting some of the allegations made by the Thanthri. We should also state in this connection that a few members of the Committee viz. M/s. P. N. Narendranathan Nair, K. Gopinathan and A. P. Mohandas, have got a complaint that the Thanthri was demanding exorbitant 'Dakshina' for various religious rites and ceremonies. Interim Report No. 5 of 1993 does not contain any specific finding on any matter. It should be taken along with Part I, Chapter III, particularly relating to the construction of Sree Padmam buildings and non- performance of remedial measures in the Devaprasnam. Advertence is to be made to recommendations of the Commissioner in Part I, page 204 (Items 14 and 15). We shall deal with such aspects in detail while considering Chapter III, Part I. Even so, we adverted to Inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hospital materials are kept in open racks and there is a lot of room for pilferage. The cleanliness of the hospital is very bad. The water tank is not kept properly. The surroundings are littered with all dirt and contaminated with all infectious materials. The X-ray equipments are not made use of for want of a technician. The Clinical Laboratory is found to be average. There is no qualified Lab Technician to supervise. There are two Lab Assistants, who do not have any training from institutions recognised by the Government. The Lab Technicians have no basic qualification or previous experience. Sufficient doctors and ministerial staff are not posted. The records of the patients are not kept in proper fashion. They are littered on the floor. Out-patient department does not have any records to show the stock of medicine distributed to the out-patients or by which doctor it was prescribed. The Commissioner has made suggestions to improve the standard of the hospital. The Commissioner has stated that the register regarding sandal wood showed a deficit of 1704.900 kgs. the value of which approximately comes to ₹ 4.5 lakhs. No proper registers are kept inside the temple to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suggestions and steps instead of leaving the matter at large at the mercy of the Managing Committee. To say the least, this amounts to abdication of the statutory duty and responsibility cast on the Government to satisfy itself that the provisions (Section 33) of the Act have not been violated. When serious allegations regarding the running of a hospital and pilferage of sandalwood amounting to ₹ 4.5 lakhs are highlighted, the repository of the revisory power seems to simply fold its hands in despair. This discloses a sorry state of affairs. We accept the recommendations and the suggestions of the Commissioner and direct that the recommendations with regard to Interim Report No. 6 of 1993 shall be given effect to by the Managing Committee. That the Managing Committee has no answer worth the name for the maladministration and mismanagement of the hospital and the large scale pilferage in sandalwood throws floodlight regarding the evils that have crept in the administration of the Guruvayur Devaswom. No further material or argument is necessary demanding a thorough change in the set up, structure and organisation of the entire administration. We hope, the eyes of the responsib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Managing Committee on the application of the Thanthri and the procedure prescribed under the Act was not followed. Incidentally, the Commissioner refers to some impediments and obstructions caused by members of the Class IV employees and how the police had to intervene and has expressed the view that the day-to-day administration and discipline of the temple require attention. He has just mentioned about the allegations raised against the civil engineering works as well as electrical engineering works and has promised to file further statements. The Managing Committee in the statement dated 17-10-1993 has admitted that the rate of Dakshina for the Thanthri for 'Kalasam', etc. has been increased on the application from the Thanthri. But this was done by the Managing Committee only on the apprehension that the pooja of the temple may come to a standstill. It is also stated that the Committee hopes that the steps will be ratified by the Commissioner. Nothing further is stated. In the statement filed by the Government dated 2-12-1993, the stand of the Government is as follows : "Payment of enhanced Dakshina without revising Dittam was not in order. Dakshina can be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... political parties, definitely overriding other considerations of fair play and justice. It is even spoken to by the Devaswom servants, (see Pan I of the final report at page 67). Many members of the public have given evidence on that score. The Commissioner has stated that there is substance in the said allegation. Allegation regarding 'Gokulam' is substantially true. This has already been dealt with in Interim Report No. 3 of 1993. (5) Loss of silver uruli: The investigation has not suffered on account of any delay. (6) Corruption and favouritism in the temple administration: Though no corruption and illegal gratification is proved, it is difficult to understand as to why the Managing Committee should have gone to the extent of preferring Changanasserry Branch (far away from Guruvayur) for its dealings to an insurance company which has an office at Guruvayur (Part I of the final report page 77). There is no substance in the objection raised by the Thanthri regarding the distribution of prasadam (except the theertham, the holy water and the flowers and sandal paste) outside the temple premises, especially when the outside counter is manned by Devaswom itself. It will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e standard scale of expenditure under Section 20 of the Act will take in at all the fixation of 'dakshina' for the various religious rites or ceremonial matters or their performance, regarding which the decision of the Thanthri shall be final as per Section 35 of the Act. We were pained to note that a few members of the Managing Committee and the Administrator have gone to the extent of belittling the high office of the Thanthri by raising a bogey, that the Thanthri demanded exorbitant amounts as 'dakshina'. It should be remembered that the Thanthri is the high priest, the guardian and protector of the deity and it is in his prestigious and magnificent personality, the tone, temper and 'chaithanya' of the Lord prevails. All concerned should remind themselves these aspects before making allegations against the Thanthri, his act and conduct. In our opinion, the plea of the Thanthri that the enhanced 'dakshina' was demanded by all 'sevaks' and that alone was put forward by him seems to be plausible. We leave the matter at that. 35. Interim Report No. 8 of 1993 submitted by the Commissioner dated 26-6-1993 brings into focuss the fact that monies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obtaining an acknowledgment of that debt. Another aspect touching the matter is that no action was taken to collect the other amounts due to the Devaswom lying in the bank in the name of Sreedevi Amma and the file was closed on 15-11-1991. One of the deposits in the name of Sreedevi Amma was withdrawn by One Seemanthini Amma, her relative, on 18-10-1985. The Administrator had sent letters to the Managers of the Nedungadi Bank, Canara Bank and Co-operative Urban Bank, Guruvayur informing them about the will of Sreedevi Amma and claiming amounts standing in her name. The Canara Bank stated that Seemanthini Amma produced the death certificate of Sreedevi Amma and withdrew the amount on 18-10-1985, a sum of ₹ 5,000/-. Sreedevi Amma had made another deposit of ₹ 5,000/- with Co-operative Urban Bank, Guruvayur. Smt. Seemanthini Amma claimed this amount also and when that was not paid, she approached the Consumer Protection Forum, Malappuram, when the Devaswom approached the Court and filed a suit in the Munsiffs Court, Chavakkad. The amount was not paid by the bank. While amounts of Sreedevi Amma were lying in bank deposits, the file was closed without taking any proper acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opriate action. The Commissioner has recommended in Part I of the final report (page 204 -- item 18) that explanation is to be called for from Shri Hurikrishna Menon, P. A. (Finance). This shall be done. We accept Interim Report No. 8 of 1993 and the recommendations made by the Commissioner. We are distressed to find that amounts admittedly due to the Devaswom were lost by inaction and carelessness and substantial amounts not yet realised, though all concerned were aware that such amounts are due to the Devaswom. The amounts should have been realised more than eight years ago. What is worse is that the files were closed as late as 15-11-1991 without collecting the amounts and without taking action to recover the further amounts due : All these were done unauthorisedly. We are told that Shri Harikrishna Menon, P. A. (Finance) is still in service. In this connection, we have to remember the allegation against Shri Harikrishna Menon that he has amassed wealth disproportionate to his income (part I Chapter X Recommendation No. 17), which is very relevant. So also, Interim Report No. 15 of 1993 and the discussion therein in para 42 infra and our view on that aspect. How the Managing Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intendent of Police and also examined witnesses and has entered the following findings : (a) Shri M. S, Mohan, the lessee, is an employee of Hotel Buhari, Hotel Buhari is run by M/s. K. M. Mohammedunni, U. Ummer and AH of Eramangalam; (b) For the bank guarantee to the Devaswom for ₹ 1,00,000/-, a counter guarantee was given by Shri Ummer. The total monthly salary of Shri Mohan is ₹ 985/- including E.S.I, and P.P. He was not in possession of funds to deposit ₹ 1,00,000/- in the Devaswom. One Shri Nair is actually running the restaurant. Shri Mohan is an employee under Shri Ummer managing his hotel 'Hotel Buhari' at Calicut. He did not have the requisite cash of ₹ 1,00,000/- to deposit in the Devaswom; (c) The business really belongs to Shri Ummer and not Shri Mohan. It is clearly against the tender notification, which says that only Hindus are eligible for running the restaurant and Shri Ummer could not have applied for it; (d) Formerly, the restaurant was given on a rent of ₹ 21,000/-. Three persons applied for the instant year, Shri Sathyapalan, offered ₹ 17,5100/-, Shri Mahadeva Iyer of Thi-ruchanthavar offered ₹ 18,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on various dates. The Commissioner has found that there is no substance in this charge. Similarly, there was a charge that the Administrator is drawing ₹ 1,000/-p.m. as deputation allowance. The Managing Committee has sanctioned it. It is pending for consideration with the Devaswom Commissioner. The Commissioner has not found that the Administrator is drawing deputation allowance. The Managing Committee, in its statement dated 17-10-1993, has stated that the finding of the Commissioner that Panchajanyam Restaurant is being run by a non-Hindu is wrong. It is stated that applications were invited only from Hindus to run the restaurant. Shri Mohan was one of them. He was selected as per the decision of he Managing Committee dated 26-6-1992. He has deposited ₹ 1,00,000/- in cash and given bank guarantee. It is further stated that it is beyond the duty of the Managing Committee to find out the source of money. The Committee was satisfied that the lessee was a Hindu. It is also stated that he was preferred after analysing the qualification with others and after satisfying that there was no loss or detriment to the Guruvayur Devaswom. Regarding the misapplication of funds, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner that the payments of ₹ 5,000/- for Matha Sauhardha Sammelan, ₹ 5,00,00/-to the Chief Minister's Flood Relief Fund, ₹ 20,000/- to the Federation Cup Football Tournament and ₹ 50,000/- to the Saksha-ratha were not for purposes which are directly connected with Hindu religion nor warranted or permitted by the Guruvayur Devaswom Act, 1978. The payments so made will not come within the scope of Section 27 of the Guruvayur Devaswom Act, which is to the following effect : "Authority of Committee to incur expen- diture for certain purposes :-- The Committee may, after making adequate provision for the purposes referred to in Sub-section (2) of Section 21, incur expenditure out of the funds of the Devaswom for all or any of the following purposes, namely : (a) maintenance, managment and administration of the temple, its properties and the temples subordinate thereto; (b) training of archakas to perform the religious worship and ceremonies in the temple and the temples subsordinate thereto; (c) medical relief, water supply and other sanitary arrangmems for the worshippers and the pilgrims and construction of building for their accommod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment is as early as 1973-74. Similarly, in Vengad Estate, there are encroachments. The properties have not been property surveyed. In Vengad Estate, the extent in the actual possession of the Guruvayur Devaswom is only 98.57 acres excluding the area occupied by the tenants. The total area of the Estate is 113.19 acres. The matter requires further investigation, proper survey, etc. and steps should be taken to evicte the encroachers. The Commissioner has found that there were two quotations for the construction of the Statue 'Guruvayur Kesavan'. One was from Shri V. Krishnan Namoodiripal for ₹ 28,000/- and another from Shri M.R.D. Dalian for ₹ 45,000/-. Shri Dattan's quotation was accepted. There were various irregularities in the work. The final bill was submitted on 11-1-1983. The balance of advance taken by the Assistant Engineer (₹ 9,688.31) was returned by him only on 16-5-1983 and this amount must have been sued by him for private purposes during the five months. The cement and steel required for the work were taken from the Devaswom Octiupura Store. The Assistant Engineer could not explain as to how the cement and steel required for the work were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anagement and maladministration of the Committee. They have no excuse. By inaction, there is every risk of very valuable property of the Devaswom being lost. We hold that the Managing Committee wholly failed to discharge its duty to preserve and manage the properties of the Devaswom. Similarly, we find that no prompt and timely action has been taken to settle the accounts regarding the construction of the statue 'Guruvayur Kesava'. Even after ten years, the matter is at large. What more proof is required to show is the thorough inefficiency of a statutory committee than this ? We hold that appropriate explanation should be obtained from the Managing Committee of the above lapses and further action should be taken and protect the Devaswom property and to settle the bill finally regarding the construction of the statue 'Guruvayur Kesavan'. We accept the recommendation of the Commissioner in Part I Pages 202 (Para 3) and 204 (Para 19) when is states that explanation should be called from the Managing Committee and the Administrator regarding the encroachment in Vengad Estate and Dwaraka Beach and that explanation is to be called from the concerned Engineer and the Mana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r states that it cannot be disputed that due to premature withdrawal, ₹ 2,12,621.60 is the loss suffered by the Devaswom. It was pleaded before the Commissioner that subsequent to withdrawal, the amount was reinvested in nationalised banks in schemes which fetched higher interest. So, the withdrawal has not ended in loss. The Commissioner has found that the loss was caused on 18-7-1984 when the amount was withdrawn and if it is a plea to cover up the loss by investing money in schemes which may fetch higher interest, that could have been done even earlier and the loss sustained is never made up by such acts. On the basis of the evidence before him, the Commissioner found that Shri Mohanankrishana, the then Chairman, was unable to give any satisfactory explanation for his action. He could not identify the anonymous letter, which he stated, he received from Ernakulam as "knowledgeable and reliable sources". This plea was belated and has no foundation in the earlier correspondence in the file. The Chairman has no case that he saw the audit reports. According to the Commissioner, Shri Mohanakrishnan has totally failed to satisfy that he had valid and reasonable grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Administrator by the Chairman, balance-sheet of the Dhanalakshmi Bank, etc. The judgment in O.P. No. 6906 of 1984 is also given as an annexure. The original petition was filed by one Shri P. K. Ramachandran, a Hindu worshipper of the Guruvayur temple. The petitioner therein prayed for declaring the action on the part of the Chairman and the Administrator withdrawing the amounts on deposit in the Dhanalakshmi Bank prematurely as illegal and incompetent and for other reliefs. According to the statement of the third respondent, the event happened before the present Committee took charge and the Commissioner has no jurisdiction to enquire into the complaint. The plea of the third respondent is that in view of the earlier original petition -- O.P. No. 6906 of 1984 --the matter is concluded, i.e. barred by res judicata. An alternative plea is also made that the deposits prematurely withdrawn were reinvested in such a manner in a "scheme" as not to cause loss to the Devaswom. The "scheme" was explained at the time of arguments as "reinvestment by way of recurring deposits". In pagaraph 4 of the statement filed by the third respondent, it is stated that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed, counsel for the tenth respondent Mr. T. R. Govinda Warner put forward the plea that the matter is concluded in view of the earlier decision of this Court in O.P. No. 6906 of 1984, and so barred by res judicata and that disputed questions are involved which cannot be gone into by this Court in a proceeding under Article 226 of the Constitution. This argument should fail for more reasons than one. In Annexure E filed along with the statement filed by the third respondent for Interim-Report No. 11 of 1993, the judgment of this Court dated 5-9-1985 in O.P. No. 6906 of 1984 is appended. In the judgment, this Court held thus: ". . . Whether the withdrawal of deposits in the circumstances stated was justified and whether the re-deposit of those amounts in nationalised banks had resulted in any substantial loss to the Devaswom are all matters not appropriate to be gone into in a writ petition under Article 226 of the Constitution. These are disputed questions of fact which can be decided only on evidence to be adduced in that behalf by the contesting parties. We do not consider a writ petition as an appropriate remedy to settle such disputed questions of fact......" In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and a negative attitude, to such flagrant acts of mismanagement and maladministration. The next aspect considered in Interim Report No. 11 of 1993 is regarding the discipline of Devaswom servants and management's attitude towards "discipline". It is stated that a good portion relates to the lack of discipline among Devaswom servants as well as the tax attitude adopted by the management towards serious acts of indiscipline. The cases of S/Shri Sunil Kumar, Raju, Muraleedhara Panicker, Public Relations Officer, Keezhsanthies, who spoiled 'Paatpayasam' worth ₹ 14,000/- and K. Ramachandran, security staff of the temple have been dealt with the Commissioner in different paragraphs. (Part II pages 213 to 226). The matter has been dealt with in detail. We do not want to repeat the various unfortunate incidents which took place. Besides, the Commissioner requested the Administrator to give a list of disciplinary proceedings taken against the Devaswom servants for the last two years and on a perusal thereof, it was found that no action was taken whenever public makes complaints against them (see page 226 of Part II of the report). After dealing with many of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sunil Kumar, Raju, Muraleedhara Panicker and Keezhsanthies after assessing the situations and the Commissioner cannot sit in appeal over the same. The appointment of Shri Ganesan was not by the present Committee. It was dope as early as 29-9-88. None of the defeated candidates has chosen to challenge the same before any Court of law so far. So, the findings on the above matters are untenable. The Government, in their statement dt. 2-12-93, has stated as Item X that instances of indiscipline pointed out are not the outcome of politicalisation. However, strict discipline is to be maintained. Nothing is stated about the improper appointment of Shri Ganesan in preference to better qualified candidates. We accept the finding of the Commissioner that in proceedings relating to discipline of Devaswom servants, the attitude taken by the managing committee was far from satisfactory and patently unreasonable. Disciplinary proceedings were either hushed up without enquiry or cases where punishment was recommended, the committee refused to impose proper punishment. The complaints of the worshippers were totally discarded or brushed aside. Even in a case where Nivedhyam to a tune of ₹ 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta: Out of 17 sodium vapour lamps erected, only 9 are burning. The faults were not attended to. There is lack of periodical checking of these lights. It should be done. Installation of 11 KV SS: Substandard items were used in the installation. Several items were excluded deliberately. There are other minor faults. The Chief Engineer has suggested remedies in his report. Copies of the reports filed by the Chief Engineer and the Deputy Chief Engineer are part of the report 'of the Commissioner. The remedies suggested in the report of the Chief Engineer should be attended to. Repair and maintenance of fans in the Devaswom Rest House : 150 fans were directly purchased without inviting quotations. 167 defective fans were kept in the stores for repair. No quotations were called for repairing and these fans are replaced by new fans. Timely action would have prevented purchase of new fans. The concerned Engineer must be directed to explain this omission. Electrification of new block to Sree Krishna High School : It is alleged that the cable used for the work is not of good quality and there is difference in measurement and specification. It is impossible to ascertain the length of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the vigilance enquiry suggested by the Commissioner and the explanation to be called for from the Assistant Engineer-I may be implemented within a period of six months from today. 40. Interim Report No. 13 of 1993 dated 13-8-1993 deals with some of the matters which, though apparently innocuous, highlight how vested interests of persons have worked in the administration. Three aspects are dealt with in Interim Report No. 13 of 1993 viz. (i) Kalanilayam; (ii) Bank deposits of the Guruvayur Devaswom; and (iii) Filling up of management quota of Sree Krishna College. The Commissioner inspected Kalanilayam along with Shri P. V. Govinda Warrier, retired Professor, Kerala Kalamandalam. One Shri P.C.O. Ilayath was the Superintendent in charge of the Kalanilayam. He had taken large amounts on advance and mis-appropriated the money. He was examined as Witness No. 41. Disciplinary proceedings were taken against him. He has been asked to return the money. The matter seems to have been closed. Be that as it may, the Commissioner has found that up-to-date stock register is not maintained in the Kalanilayam by the authorities. The stock register is one prepared in 1983. Subsequent additionals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... third respondent, in its statement dated 17-10-1993, has stated thus : "The Committee will ensure that the stock register is made up-to-date every year as suggested by the Commissioner regarding Kalanilayam". Relying on Rule 18 of the Guruvayur Devaswom Rules, it is states that the rules do not prescribe that the deposit shall not be given to any bank situated outside Gurvayur. The Guruvayur Devaswom has complete list of deposits made by the Devaswom, and is invariably insisting upon payment of 1% of the deposit for the advertisement charges in its magazine 'Bhaktha Priya'. The deposits are given only to such banks who make such payments. The Committee is of the opinion that no change is required in the system of deposit now in force. Regarding the filling up on the seats under the management quota, no norms are prescribed. It is governed by precedent. The Government, in their statement dated 2-12-93, have stated regarding Kalanilayam that the stock register should be maintained and that recommendations of the Commissioner may be accepted. Bank deposit registers should be properly maintained to watch the position. Regarding filling up of management quota in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... day the tender of M/s. Silk was rejected for want of EMD as invalid. This appears to be improper in the face of Govt. order exempting M/s. Silk from payment of EMD. Devaswom must also be deemed to have waived the conditions regarding EMD, when they called M/s. Silk for price negotiation. It is true that M/s. Silk also did not point out about this exemption order even though they were aware of it. But by refusing to negotiate with M/s. Silk and rejecting its offer, Devaswom is likely to incur loss of ₹ 16,80,000/-. The loss would be much more, if Devaswom had pursuaded M/s. Silk to accept a lesser rate than they quoted. I have in detail shown that even if the maximum rates based on 1992 schedule is allowed, it will not come to ₹ 1,56,00,000/-for which price the tender is confirmed in favour of contractor, Shri Madhusoodhanan". The Commissioner has found that the procedure adopted by the Committee and the conclusions arrived at in awarding contract to Shri Madhusoodhanan are vitiated by illegalities and imprudence and the Committee may be directed to start negotiations with M/s. Silk to bring down the price. The third respondent that filed a detailed statement dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h evasive excuses and trying to escape from the responsibility. We fully concur with the finding of the Commissioner that Shri Harikrishna Menon exhibited callous indifference in his duties and can never escape from the responsibility. The Commissioner has also stated at page 303 (Part II) of the report that the Administrator has addressed the Post Master General, Trivandrum and is trying to get the interest from 14-6-1993 itself. If ultimately the Devaswom gets interest from 14-6-1993, this problem will be solved happily for all concerned. He has also added that nevertheless, the enquiry reveals the callous indifference of officials and in particular Shri Harikrishna Menon and their attempt to throw the blame on others. The third respondent wants a full-fledged enquiry in the statement dated 18-9-1993. In the statement filed by the Government Pleader dated 2-12-1993, it is stated as against Interim Report No. 15 of 1993 thus : "Government of India have accorded special sanction for payment of interest for the period for which Indira Vikas Pathras remained unrenewed. There is no loss for Devaswom and hence no further action on this seems to be necessary." We are happy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g hereinafter with those matters, on which mismanagement or other lapses of the management are alleged and found and findings and recommendations generally made by the Commissioner in the final report, about which we have not already dealt with in considering the various interim reports. This is an important aspect to be borne in mind. We should further state that the objections filed by the Managing Committee in the form of statement to the final report dated 20-12-1993 as also the general statement filed by the Devaswom Commissioner dated 20-12-1993 have been borne in mind by us, in dealing with the final report and in evaluating the entire matter. It should be stated that the objections of the Devaswom Commissioner are far too general and vague and have not in any way disproved the various findings of the Com missioner. The general objections filed by the fifth respondent dated 20-12-1993 have also been taken into account. 44. Chapter I "introduction to the report" contains the glory of the temple of Lord Krishna at Guruvayur, the allegations of Shri C. K. Rajan, the events that led to the initiation of this proceeding and the subsequent events up to the filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imprudent transaction and is an instance of gambling with the funds of the Devaswom (para 26, page 33). Shri P. T. Mohanakrishnan, the then Chairman, stated that the Devaswom never intended to make a profit. The Commissioner of the Guruvayur Devaswom stated that he has thought that it would be a profitable venture and so, gave sanction. That was highlighted to show that the persons concerned with the matter had cross purposes in view. In paragraph 29 (page 37), the Commissioner has found thus : "The story of production of this film "Guruvayur" Mahathmyam" is extremely disturbing. Nearly ₹ 20 lakhs of trust funds was spent on this venture with absolutely no profit. Chairman's answer is, profit was not aimed or intended. Procedures were violated and audit objections remained unanswered with no follow up action." The Commissioner has concluded that the Managing Committee was certainly gambling with the funds of the Devaswom and the Devaswom Commissioner had sanctioned it in violation of the provisions of Sections 21, 22 and 27 of the Act. Since many things said against the film are subjective, it was felt that the parties and their counsel may h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge 203 (items 11 and 12) as follows : Img01 We accept the reasoning and finding of the Commissioner and also the recommendations made. Appropriate follow up action should be taken, as suggested by the Commissioner, since the amounts involved are large and that the additional expenditure was not even sanctioned. Chapter II, Item No. 18 -- complaint against electrical wing -- has been dealt with in Interim Report No. 12. Item No. 19 deals with 'various purchases for temple needs made from society without proper bills or vouchers'. The matter has been dealt with in pages 47 to 49 of Part I of the report. The Guruvayur Devaswom Employees Society supplied articles to the Devaswom like paddy, rice, various provisions, stationary, 'Maddlam' flasks, etc. The parties have executed an agreement, whereby the Society has agreed to supply the articles at fair price obtained in the market from time to time plus 3% profits. No earnest money deposit is taken from the Society. There is no material to show, what is the market rate for the articles, from time to time. Even so, there is absolutely no reason why the Devaswom should pay 3% above market rate. Shri Harikrishna Menon, P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner at pages 54 to 86 of Part I of the final report. We had dealt with certain vital aspects pertaining to these matters while considering Interim Report Nos. 5 and 7 of 1993. We would only stress the pivotal place occupied by the Thanthri in religious, spiritual, ritual or ceremonial matters, which has been recognised by Section 35 of the Guruvayur Devaswom Act, 1978. The Thanthri's decision on such matters is final; of course, the decision of the Thanthri should be fair and reasonable and should be in accord with Dharma. We do not propose to repeat over again, either the reasoning or the finding or the recommendations of the Commissioner on many matters dealt with in Interim Reports 5 and 7 or what we have stated therein. We would only stress the noticeable discord amongst the members of the Managing Committee. The whole episode is unfortunate and speaks for itself. Chapter III of Part I deals with two main aspects. The first aspect deals with the allegations of the Thanthri. The Thanthri has made a plea that he was not served with notices or agenda of many meetings. He has also made a plea that many important decisions were taken in his absence. After examining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and favouritism exist in the temple administration pertaining to the business of insurance also. The Commissioner has in Part I (page 77) opined that though it is not proved, there is no reason as to why the Managing Committee preferred Changanas-serry Branch for its dealings to an insurance company, which has office at Guruvayur! This seems to be strange and in the absence of explanation, requires further investigation. The Thanthri has very strongly objected to the non-performance of remedial measures in pursuance to 'Devaprasnam' and he has made some recommendations in that behalf, which we shall advert to while considering the recommendations in Chapter IV of Part 1. The allegations against the Thanthri that he does not personally perform the poojas and rituals, that he receives very high remuneration and has misused the telephone have been unfortunately made much of. We have dealt with these matters in Interim Reports Nos. 5 and 7 of 1993. We would only emphasise that so long as the office of the Thanthri is bestowed on a family, any competent and eligible member of the family can be deputed and the only question is, whether the functions are carried on satisfactoril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e only way to reduce the crowd inside the temple, which is causing much difficulty, is to allow the devotees inside the temple for worship alone. It is better to shift the ticket counter and the prasadam counter outside the temple. Matured guards, at least of 40 years old, may be posted inside the temple, especially at Sopanam. A senior officer should always be inside the Sreekovil. There should be trained guards inside and outside the temple. Discourteous behaviour towards devotees should be avoided and stern action taken against erring staff. There must be a senior officer to supervise matters inside the sanctum sanctorum. There must be two elder members from the Keezhsanthies Illom, who should be in charge of the Nivedyam every day. These two senior members can be appointed by rotation and can be paid a special allowance for supervision of Nivedyam alone, making them responsible for the hygenic and proper quality of the Nivedyam. There should be proper control over the Keezhsanthies. A chart specifying the persons in the temple who are entitled to get the prasadam and the quantity they have to get should be prepared. There should be strict vigil regarding the discipline and disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Saptha-sudhi Abhishekam' chanting of the relevant "Manthra' 1008 times must be conducted every day. He recommended recital of Vedas every day. This is essential Then he has also recommended chanting of 'Bhagavatha Mura'. This also can be done. He has suggested that 'Laksharchana Pushpanjali' must be done every week. He has recommended 'Sukrutha Homam' once in a year." Since all these matters pertain to religious, spiritual, ritual and ceremonial matters, decisions or suggestions of the Thanthri shall be final, as specified in Section 35 of the Guruvayur Devaswom Act, 1978. In our view, the Managing Committee has no option but to implement the Thanthri's suggestions aforesaid, unless it is demonstrated that the suggestions are unfair or unreasonable or against Dharma. It has not been done. Apart from the above, we also accept on these aspects the recommendations of the Commissioner contained in Part I (pages 206 and 207) to the following extent : "The staff pattern of the temple should be reviewed and sufficient number of staff posted. The Nivedyam should be prepared properly and for this purpose, senior Keezhsanthies should be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llecting from each person, the full amount for the pooja. This may augment the revenue of the temple. Such vazhipadu is so done at present in Tirupathi. Rasi prasnam is considered to be the most safe method. According to the Thanthri, there is no inhibition for the plurality of persons conducting Udayasthamana pooja. The present position is that for more than a dozen years, the Udayasthamana pooja has been booked and many are waiting in the long queue. If plurality of persons can join in one pooja, the situation will be eased, enabling a chance for many to participate early. In the larger public interest, we consider that the Managing Committee should take steps as suggested forthwith to have the matter thoroughly examined, in concurrence with the Thanthri, as to whether plurality of persons can join in the performance of Udayasthamana pooja. In this connection, we should also state that Shri K. P. Dandapani, counsel for the Managing Committee, Shri T. R. G. Warrier, senior Advocate, who appeared for the Chairman of the Managing Committee, and other advocates appearing in the case wholly welcome the suggestions made by the Thanthri at page 112 of Part I and also the other suggestio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r for purchase of medicines and show its distribution. Interim Report No. 10 is referred to show irregularity in the removal of the rods, steel, etc. from the stores. Interim Report No. 12 is referred to show that 167 defective fans were kept in the store for repair and without calling for quotations for repairing them, new fans were purchased. Purchase could have been avoided, if timely action was taken to repair the fans. Wrong entries were made in the stock register of the electrical stores. Interim Report No. 13 is referred to show that the stock register maintained in the Kalanilayam is unsatisfactory and reflect things as on 1983 only (a decade back!!). In Interim Report No. 6, the Commissioner has -stated that on physical verification of sandal-wood stock, a shortage of 1704.900 kgs. was found, worth ₹ 4.5 lakhs (a big shortage, indeed!). No records were maintained inside the temple to show the receipt of sandalwood logs issued to the temple. When old Oottupura was dismantled, details of disposal of the materials were not available. Purchase of teak was unnecessary for the western Gopuram considerating the stock that was available. For Vengad Estate, 242 bags of cement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the same. All stores should be issued from the Central godown and purchase and issue of materials must be computerised. There must be a quality check for the materials at the point of purchase as at the point of issue, Devaswom must maintain a permanent register of its immovable properties showing the details as suggested in Chapter VII. prompt action must be taken wherever it is trespassed. There must be an annual verification of the immovable properties by a member of the Managing Committee." We are of the view that the above recommendations are reasonable and should be accepted in public interest. We do so. The Guruvayur Devaswom Managing Committee shall take steps to implement the above recommendations expeditiously. 49. Chapter VII in Part I deals with management of movable and immovable properties. Section 10(c) of the Act behoves the Managing Committee to ensure safe custody of the funds, valuable securities and jewelleries and the preservation and management of the properties vested in the temple. The said section lays down certain safeguards regarding alienation of movable and immovable properties. Section 28 envisages that the Committee should be in possession of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of verification. The Commissioner has in Part I, page 208, apart from the general recommendations regarding the management of movable and immovable properties, which we have accepted, separately made a specific recommendation regarding movables thus : "The temple jewels must be physically verified in the presence of the Commissioner and a representative of the High Court with the help of and appraiser. This must be done immediately." The overall recommendations made by the Commissioner appear to be fair and in larger public interest we accept the same. The Managing Committee is directed to take steps to implement the same without delay. 80. Chapter VIII of Part I deals with 'Management of Finance'. Even at the outset, the Commissioner has stated that the management of finance is completely unsatisfactory. There are various source of income -- Hundi, offerings of the devotees, income from the publications, from Guest Houses, interests on bank deposits and income from immovable properties like rent of the shop buildings and yield from Vengad Estate. The Commissioner has dealt with the administrative set up and also, referred to specific instances to illustrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent must be headed by an Accounts Officer and an Assistant Accountant General deputed from the Accountant General's Office and the present set up should be discontinued immediately. A crash programme must be undertaken to clear all outstanding audit objections at least within three to six months and orders passed under Section 26 against persons who are responsible for the loss. 12. There must be concurrent audit of expenditure. At present expenditures are audited fairly after a long interval. 13. Rules must be framed for expenditure and extending advances and any infraction of .Rules should be sternly put down. 14. Devaswom should open a cash counter for disbursing money and stop practice of advancing large amounts to its officers. Even if advance is made, it must be finally settled without delay. 15. Computerisation of accounts is recommended. 16. The Devaswom should withdrawn money from various banks as they mature and deposit them into Government Treasury at Guruvayur or Chavakkad, subject to two conditions (i) that the Government shall not impose any ban relating to Devaswom money and whenever it issues a ban order on treasury, Guruvayur Devaswom funds should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etails of audit paras are produced herewith as Annexure A". Annexure A, at page 10, will show that audit reports from the year 1978-79 onwards up to the year 1989-90 amounting to 147 paragraphs, have been made and no action has been taken thereof. The Guruvayur Devaswom Act itself was passed in 1978. All the audit objections, ever since the Act came into, force are still pending. The earliest audit objection is dated 30-11-1981, which is more than twelve years old. The subsequent audit reports are also made immediately after the year is over and yet no action has been taken about these audit objections! What is worse in the frank admission by the Devaswom Commissioner that his attention was drawn to such reports which are more than twelve years old, only after this Court appointed the Enquiry Commissioner, i.e. only recently!! And records had to be traced out!! Steps were hastily taken after the Commissioner was appointed by this Court. This throws floodlight regarding the utter carelessness and mismanagement of the finance of the Davaswom. This also points out the disregard, indiscipline and non-adherence of the statutory provisions by the Devaswom Commissioner, Managing Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27 of the Act. In this connection, Interim Report No. 11 refers to various donations which are totally unauthorised and incompetent in view of Sections 10 and 27 of the Act. That aspect should also be taken note of and appropriate follow up action should be taken in that direction forthwith to recoup the amounts unauthorisedly disbursed by the then Managing Committee. The statutory authorities would do well to remind themselves about the Full Bench decision of this Court in Krishnan v. Guruvayur Devaswom Managing Committee 1979 KLT 350 at pages 387, at p 103) (paragraph 57 and 58), which forbids the disbursement of the Devaswom funds unconnected with the Devaswom, which are not related to the purposes for which the trust was founded. Let this not be forgotten. 51. Part I Chapter IX of the report deals with Civil Engineering Works and Building contracts, The discussion is contained in pages 138 to 157. In earlier reports, the Commissioner has dealt with the 'western Goupram', Oottupura, the construction of statue of Guruvayur Kesavan and Vengad Estate. Great irregularities were pointed out in the matter of material management, keeping of accounts, etc. It is stated that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officers and VIPs, is totally unreasonable and unfair. The new building will not yield any income. The change in the attitude of the Managing Committee is also against the duty enjoined on the Managing Committee under Sections 21 and 27 of the Act. The Managing Committee is bound to construct buildings for pilgrims. It was started. But, it was given up after the work was started. Why? Is it the way the Managing Committee intends to serve the worshipping public? There was lot of mismanagement in the matter of construction. The new construction will be non-productive. No prior sanction of the Devaswom Commissioner was obtained, though the work involves more than ₹ 2 lakhs. The Commissioner has relied upon the suggestions of Mr. Nedumgadi, who has stressed that a proper person should be put in charge as Works Superintendent and the Committee should avoid delay in payment of bills, which will reduce the total cost. The result of the investigation has been summarised by the Commissioner in pages 149 to 153. In the main, the Commissioner has recommended that there should be a proper plan and estimate of the expenditure before the work is started. It should not be changed in midway ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o experts should not be engineers employed by Devaswom. Plans should not be changed by the Managing Committee alone, unless it is referred to the Expert Committee and approved by it. 19. Before building contracts are entered into, Law Officer should be consulted and his approval taken. There must be wide publicity given to notifications inviting quotations. All tenders must be scrutinised by the Expert Committee mentioned above. The said Committee should inspect the work and give its approval that the work is satisfactorily completed according to plan and budget. All pending bills on engineering works should be settled not later than one year after the completion and completion report should be made." We are of the view that the various findings of the Commissioner and also the recommendations regarding civil engineering works and building contracts are in accord with sound business principles and practice and should be adopted by the Managing Committee. We see no reason why such systems and devices should not be followed for proper and efficient execution of engineering works and building contracts. In this connection, we should strongly deprecate the changed attitude of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly unscientific and irrational. The Commissioner has also dealt with 'discipline' and has referred to Interim Report No. 11 about specific cases of Shri Muraleedhara Panicker, P.R.O. Sunil Kumar, Raju and Keezhsanthies. Minor infractions have also noticed. He regrets that discipline is never enforced and adequate punishments are not administered. The problem is serious and discipline is in shambles. The complaints of the worshipping public against the Devaswom servants are not seriously taken (It is a cry in the wilderness, perhaps!?). There are complaints from the public that politicalisation of the services has led to inefficiency, indiscipline and lack of a proper temple atmosphere. The Commissioner has recommended that an independent judicial authority, e.g. District Judge, should be entrusted with the authority to conduct disciplinary proceedings. He has stated that a District Judge may be obtained on deputation by the Managing Committee and posted as Law Officer and disciplinary authority, with exclusive authority to deal with matters of discipline of the devaswom servants. The Commissioner has also dealt with complaints against Shri Harikrishna Menon, P.A. to Admini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperties exceeding ₹ 5000/-. 22. Devaswom must appoint one or two Welfare Officers who will enquire into and report regarding the needs and necessities for the welfare of the employees. 23. All trade union activities must be banned from the service of the Devaswom and it must be declared as an essential service. The devaswom should have some employee's association to speak to their cause. 24. Devaswom must have a Vedapadanasala of its own where they wilt train its Archagas. 25. There must be a full-fledged training programme for all employees of the Devaswom which must include principles and of Vyshnava faith." We are of the view that the said recommendations are fair and reasonable, and will enable maintainance of proper discipline, proper recruitment of personnel and keeping away politics and trade union activities from the temple atmosphere. The recommendations contained in paras 20 to 25, at pages 210 to 212, are entitled to acceptance. We hold so. That alone will ensure a good and orderly method of systems and devices. 53. Chapter XI of Part I deals with legal affairs and litigation. The Commissioner has stated that the Devaswom is handling crores of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en his own reasons to hold that there is a total failure in the functions in the statutory functionaries, necessitating a change in the nature, structure and organisation. This involves statutory amendments. The matter has been discussed in great detail at pages 174 to 195 of Part I. It contains an interesting and exhaustive discussion detailing the reasons for the changes suggested in the statute for a proper and effective functioning. In substance, the Commissioner has stated the following:-- The Managing Committee contains a representative of the employees. The Administrator is bound to obey the Managing Committee and the net result is to obey an employee under him. There is too much interference by the Managing Committee with the day-to-day administration and powers must be made specific. The Managing Committee should not be able to interfere in the day-to-day administration. The Managing Committee comprises of "chosen ones" and the Government has a decisive voice in its composition. There is no qualification of the members of the Committee who carry on the administration of a big establishment, enter into Engineering contracts, appoint persons to Educational institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and have our approval, the alterations in the structure of the Committee and the functionaries and the amendment in the Act suggested are normally beyond the purview of a public interest litigation. We refrain from giving any affirmative direction on those matters now. We should only express our disapproval with regard to one recommendation, i.e. that hereditary and ex-officio members should not find a place in the Managing Committee. To that extent, the observations and recommendations of the Commissioner are not entitled to acceptance. 55. In Chapter XIII of Part I, the Commissioner has dealt with politicalisation and administrative disfunction. The matter is dealt with at pages 196 to 199 of Part I. After referring to the various complaints and the structure of the administrative apparatus, the Commissioner has stated that nomination of politicians in the Managing Committee should be avoided. Invariably the nomination made reflects the political complexion of the State. There is no effective check on the Managing Committee. There is wide spread dissatisfaction regarding the politicalisation of the Committee and the administrative system which is designed to serve a laudable pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd its surroundings and a development authority constituted. There must be clear planning and healthy development of the temple town." We are of the view that the three general observations are necessary for the temple and its preservation and efficient and good administration in the long run. Therefore we hold that recommendations Nos. 28, 29 and 30, at page 213 (extracted hereinabove) are acceptable and practical effect may be given to those recommendations by the Managing Committee by taking proper steps in that regard. 58. Before concluding, we should advert to two important aspects stressed by Shri Govind K. Bharathan, counsel for the fifth respondent Kshethra Samrakshana Samithy. He has filed a detailed statement accepting some of the recommendations of the Commissioner and objecting to a few. It is dated 20-12-1993. We are not pronouncing on some of the crucial aspects stated therein. It was argued that this public interest litigation is a social or legal audit stressing on public accountability. The report of the Commissioner has revealed startling matters which point out the evils in the administration. Therefore, counsel pleaded that there should be such technical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d pragmatic systems and_ devices, which will take into account the ever growing modern developments, innovations and requirements. Crores of rupees, valuable jewels, gold and silver are pouring in every day. The infrastructure is of very weak type and cannot take in such heavy rush of pilgrims, offerings, etc. More space is required and also efficient, expertise personnel with training. A lot of reorientation and rethinking is required on many aspects. Steps should be taken in that regard or else there will be impasse in the administration and total chaos and confusion. Counsel, therefore, suggested that the Institute of Management of Government, Trivandrum may be directed to make an in-depth study about the administrative set up and functions and directed to submit a report, taking into account the modern trends and 'developments. We feel, the weight of the above plea. We are of the view that such a study should be undertaken to have sweeping reforms to suit the modern needs. Appropriate steps should be taken in that regard at the earliest time. 62. We have considered the various interim reports (1 to 15) and also the final report. By and large, we have expressed our agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be safely entrusted to such a person, who is ineffective, not involved and a mere onlooker with no involvement in the administration. Moreover, we have got a very anomalous state of affairs. The Commissioner of the Guruvayur Devaswom is a statutory authority. He has got a big role to play in the administration, as per the provisions of the Act. He is an authority subordinate to the Government. Government has got the power of revision under Section 33 of the Act to revise the proceedings of "the Commissioner" or of the Managing Committee. But, ever since the Guruvayur Dewaswom Act, 1978 came into force, the Commissioner and Secretary in charge of Devaswoms in Government, happened to be the same person. In words, the same person fulfilled two roles --the role of the Commissioner and also his revising authority. This is strange and has led to an ineffective functioning of both the roles. The Commissioner, who does not have enough time as a part-time officer, was remotely looking at things, with no control over the Committee. It has also rendered ineffective and meaningless Section 33 of the Act, the supervisory revisional jurisdiction vested in Government. It is high time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lability of alternative remedy, is no bar. Even so, it requires a different look or perspective in the case of a public interest litigation (paragraph 15). B. The Civil Courts have got inherent power to initiate action, probe into the matter and set right the abuses by a remedial action in the case of charitable and religious trusts or deities as guardian of such juridical entities (paragraph 17). C. The Court, in exercising the powers under Article 226 of the Constitution of India, can appoint a Commission. The report of the Commissioner, prima facie, constitutes evidence which can be acted by a court of law. Interference will be made only in exceptional circumstances, in cases where convincing evidence contra is available before Court (paragraph 19). D. Prima facie, evidence and various findings entered by the Commissioner are not disproved. They are not demonstrated to be wrong. They should form the basis for passing appropriate orders by this Court except to the limited extent this Court holds that the recommendations are impractical or otherwise cannot be given effect to in law or as a matter of expediency (paragraph 20). E. ' When arbitrariness, maladministration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anaging Committee should take steps in this regard within three months from today. There is no reason why trained retired personnel from the Military or from the Police Department should not be recruited. Military personnel may be given preference. Interim Report No. 4 of 1993 is accepted to the above extent and the Managing Committee shall implement the same (paragraph 31). J. Interim Report No. 5 of 1993 highlights that lot of discord, dissension and dissatisfaction even amongst the members of the Managing Committee, exist and it is further seen that the majority of the members of the Managing Committee are agreed that there is gross mismanagement, inefficiency, etc. which requires revamping of the entire set up, even by resort to legislative amendment (paragraph 32 of the judgment). K. The recommendations and suggestions of the Commissioner with regard to Interim Report No. 6 of 1993 are accepted and shall be given effect to by the Managing Committee. The allegations regarding the running of the hospital and pilferage of sandalwood amounting to ₹ 4.5 lakhs disclose a sorry state of affairs (paragraph 33). L. In Interim Report No. 7 of 1993, after referring to the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elan, Chief Minister's Flood Relief Fund, Federation Cup Football Tournament and Saksharatha were not for purposes which are directly connected with Hindu religion nor warranted or permitted by the Guruvayur Devaswom Act, 1978. The payments will not come within the scope of Section 27 of the Guruvayur Devaswom Act. The payments are unauthorised and appropriate steps should be taken to realise the loss that has resulted to the Guruvayur Devaswom by such payments. There is no material to show the misuse of car by the Administrator. The drawing of ₹ 1,000/- as deputation allowance by him is not proved (paragraph 36). O. Interim Report No. 10 of 1993 relates to three matters-- (a) encroachment in Dwarka Beach, (b) Vengad Beach, and (c) irregularities in the construction of the statue 'Guruvayur Kesavan'. The Managing Committee has not taken proper steps to evict the en-croachers from Dwarka Beach and Vengad Estate. In the construction of the statue 'Guruvayur Kesavan', there have been ir- regularities and the matter is still at large. We accept the findings of the Commissioner that there have been encroachment both in Dwaraka Beach and Vengad Estate......... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expose the ill that has set in the administrative set up and it is high time that a meaningful and better administration is ensured in the interest of the larger worshipping public and to safeguard the Guruvayur Devaswom from disaster. Appropriate remedial action should be taken in this behalf at the earliest possible time to see that such acts are not repeated and steps are taken to ensure safeguards against repetition of such acts. The instances pointed out reflect total inaction, wrong action and careless action, which point out a state of affairs leading to 'no management' at all (paragraph 38). Q. Interim Report No. 12 of 1993 is accepted. We are inclined to hold that the inspection of the Commissioner along with the Chief Engineer and the Deputy Chief Engineer disclosed minor irregularities, variations, etc. which point out lack of proper and effective management and the administrative machinery should be geared and toned up and remedial measures should be taken in the light of the findings of the Commissioner and the Chief Engineer and Deputy Chief Engineer. We direct that appropriate remedial measures may be taken and the entire machinery geared to tone up the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 and 12) and direct that appropriate follow up action should betaken. Chapter II (Item 19) deals with various purchases for temple needs made from society without proper bills or vouchers, which requires complete investigation and audit and if it is found that any loss is caused to the Devaswom, persons responsible therefore should be surcharged. Similarly, Part I, Chapter II (Item 22) deals with work at Vengad Estate regarding 142 bags of cement returned to the contractor. The matter requires further probe and appropriate action against concerned persons should be taken. Appropriate explanation should be obtained from the persons concerned for not having obtained return of 4 Kgs. of gold still lying with the Reserve Bank of India (paragraph 44). V. Part I, Chapter III (final report) is regarding the complaints of the Thanthri and complaints against the Thanthri. We accept the finding of the Commissioner that politicalisation prevails in the nomination of the members of the Managing Committee and in the long run, it is ruinous to the temple and the administration. Wisdom should prevail with the concerned persons to set right matters. The allegations against the Thanthri do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recommendations expeditiously. Z. The suggestions and recommendations of the Commissioner dealing with the management of moveable and immovable properties contained in Part I, Chapter VIII, which we have extracted in paragraph 49 of the judgment at pages 220 and 221, should receive the attention of the Managing Committee and steps should be taken to implement the same without delay. Z(1) Regarding the various recommendations in dealing with the management of finance (Chapter VIII, Part I), the recommendations of the Commissioner made at pages 134 to 137 of Part I and specified as Items 11 to 16 at, pages 208 and 209 and extracted at pages 224 and 225 of this judgment should be implemented except with regard to the deposit of amounts belonging to the Devaswom in the Government Treasury. To that extent, Item 16 extracted page 224 of the judgment is not accepted. All the audit objections ever since the Guruvayur Devaswom Act came into force, are still pending. No action is taken thereon. The Commissioner as also the Managing Committee abdicated their duties enjoined by the Statute and were thoroughly negligent in the performance of their statutory duties resulting in a stalemate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summarised in paragraph 54 of the judgment. Many of the recommendations, in our view, will improve the tone and temper of the administration and are commendable and have our approval. But the alterations in the structure of the Committee and the functionaries and the amendment in the Act suggested are normally beyond the purview of a public interest litigation and we refrain from giving any affirmative directions on that aspect. Z(6) In Part I, Chapter XIII in dealing with politicalisation and administrative disfunction, the various observations made by the Commissioner extracted by us in paragraph 55 of the judgment, are laudable, and those matters which do not require any statutory changes shall be given effect to. With regard to those matters which require statutory changes, it is for the appropriate authorities to consider (paragraph 55 of the judgment). The general recommendations contained in paragraphs 28 to 30 at page 213 (page 251 of the judgment) are acceptable and practical effect may be given to those recommendations by taking appropriate steps (paragraph 57). Z(7). The suggestion by the fifth respondent that there should be a technical audit every five years regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Manickam, Chief Engineer, Namboodiri, Deputy Chief Engineer and Dr. Gopalakrishnan. The above persons assisted the Commissioner with various technical missions to enable him to conduct the enquiry properly and in record time. Our thanks are due to the following Advocates, who appeared in the case and extended their co-operation by offering useful suggestions and in discussing various aspects in the case: S/Shri T.R.G. Warrier, Senior Advocate, V. R. Venkitakrishnan, K. P. Dandapani, P. G. Parameswara Panicker, V. Divakaran Potti, N. Sankara Menon, Senior Government Pleader, Govind Bharathan, N. Premachandran and Madhu Namboodiri-pad. We should say that it would have been much more difficult and a more time consuming process if this Court had not received the active assistance and help of the aforesaid persons. We place on record our grateful thanks to the above persons who illuminated many aspects to render this judgment. We should, in particular, state that the fourth respondent (Administrator, Guruvayur Devaswom) was very helpful, co-operative and responsible in the entire enquiry and, but for his active co-operation, it would not have been possible either for the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
