TMI Blog1994 (1) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... s (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 causes of the evil that are said to hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions 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 to consider the maintainability of the origi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gations regarding Panchajanyam Restaurant. Misapplication of Devaswom funds for non-trust purpose. Misuse of car by the Administrator. 27-7-1993 do do dated 17-10-93 10 of 1993 21-7-1993 Encroachment in immovable property belonging to the Devaswom, Vengad Estate -- Allegations regarding the construction of statue of Guruvayur Kesavan. 27-7-1993 do do dated 17-10-93 11 of 1993 4-8-1993 Premature withdrawal of deposits from Dhanalakshmi Bank -- Discipline of Devaswom servants, complaints against Keezhsanthies, appointment of Lecturer in S.K. College, Guruvayur, appointment of mahouts, security staff, etc. 5-8-1993 do do dated 17-10-93 12 of 1993 11-8-1993 Allegations against Electrical Engineering Department 17-8-1993 do do dated 17-10-93 13 of 1993 13-8-1993 Commissioner's inspection of Kalanilayam. Filling up of management quota of S. K. College by non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ource of steel and cement. Interim Report No. 11 Explanation to be called for from the then Chairman and the then Administrator. Interim Report No. 12 Vigilance enquiry to be conducted and AE I to be asked to explain. Interim No. 13 Nil Interim No. 14 Call for explanation from the Committee Interim Report No. 15 Nil Besides the above, in the final report (Part 1), the Commissioner has dealt with several general matters -- Chapters II to XV. The Commissioner has also made specific observations and recommendations in those Chapters, on all aspects. In areas covered by recommendations in the interim reports, he has adopted the same. The specific recommendations regarding the various matters dealt with in Chapter II, Chapter III and Chapter X (of the final report) are contained at pages 202 to 204 of Part I of the final report. They are Item Nos. 1,2,3,4,7,8,9,10,11,12, 14, 15, 16 and 17. The remaining recommendations of the Commissioner are contained in pages 205 to 213 of Part I o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 7-6-1993 to interim reports 4, 5 and 6, statement dated 16-4-1993 to interim reports 3 and 4, statement dated 24-3-1993 to interim report 2. Counsel for the fourth respondent has filed a memo dated 5-7-1993 along with the resolution of the Committee, wherein the Committee has welcomed the enquiry ordered by this Court. They are resolutions dated 13-2-1993, 20-2-1993 and 25-10-1993. 9. We felt that some aspects stated by the Commissioner in his reports can be evaluated better, if we examine or discuss the matter wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled 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 highlighted or pressed by their counsel. We are, therefore, adverting to only those specific aspects or points which were pressed before us at the time of hearing and proceed to pronounce our decision on that basis. 11. Sri Krishna Temple, Guruvayur is governed by the Guruvayur Devaswom Act, 1978 (Act 14 of 1978). There are 43 sections in the said Act. The Government have framed rules entitled Guruvayur Devaswom Rules, 1980 . There are 20 rules in the said Rules. There are three main Full Bench decisions of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom 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 member from office for any of the reasons mentioned therein. The member is entitled to a reasonable opportunity to show cause against his removal and is also entitled to institute a suit, in case he is removed from office. Section 6 empowers the Government by notification in the Gazette to supersede the Committee for such period not exceeding six months as the Government may deem fit. The section empowers any member of the superseded Committee to institute a suit to set aside the notification of the Govt. superseding the Committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 IV relates to budget accounts and audit. Under Section 27 the Committee is authorised to incur expenses for the purposes mentioned therein. The Committee is entitled to take and be in possession of all movable and immovable properties belonging to the Devaswom (vide Section 28). Section 29 relates to the protection of action taken by the Government, the Commissioner, the Committee or any member thereof or the Administrator or any other person acting under the instructions of the Committee for anything done in good faith or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 perform the functions of the Committee until the expiry of the period of super session. Section 11 deals with alienation of Devaswom properties. Section 11(1) states that no movable property of a non-perishable nature, which is in the possession of the Committee and the value of which is more than five thousand rupees and no jewellery shall be sold, pledged or otherwise alienated unless it is sanctioned by the Commissioner as being necessary or beneficial to the Devaswom. Section 11(2) requires sanction of the Commissioner for exchan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 other employee concerned. The persons aggrieved can take proceedings to set aside the said order, under Section 26(4) of the Act. Section 29 protects the Commissioner for anything done under the Act and in good faith. Under Section 30 of the Act, all public officers having custody of any record, register, report or other document relating to the Devaswom shall furnish such copies of or extracts from the same as may be required by the Commissioner or the Committee. Under Rule 12(4) of the Guruvayur Devaswom Rules, 1980, the Commissioner sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 subordinate temples under Section 51 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds, valuable securities and jewelleries and the preservation and management of the properties vested in the temple; (d) to ensure maintenance of order and discipline and proper hygienic conditions in the temple and the subordinate temples attached thereto and of proper standard of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) Section 33 will be read omitting the words 'or is not in the interest of the Devaswom'; (d) Sub-section (2) of Section 35 will be read as a proviso to Sub-section (1) and the decision of the Thanthri of the temple on religious, spiritual, ritual or ceremonial matters will be final only as against the authorities mentioned in Sub-section (1) of Section 35; and (e) The remaining provisions of the Act are valid and are perfectly within the competence of the State Legislature . 14. At the final hearing, Senior Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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 do so. The petitioner could have also filed a suit under Section 92 of the Code of Civil Procedure and ventilate his grievances. He did not do so, In the absence of the above alternative remedies, resort to Article 226 of the Constitution was improper. We are of the view that the above plea also should fail. It is trite law that the remedy under Article 226 of the Constitution is discretionary. But it is equally settled law that the availability of an alternate remedy is never considered to be a bar to maintain an action und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inistration 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 maladministration. When the question regarding jurisdiction was argued before us at length by the learned Additional Solicitor General, the presence of inherent jurisdiction in this Court, as stated above, was put in the forefront by Mr. Nambiar. We have indicated the main aspects in our interim order dated 25-8-1993 in para 10. We have referred to Tudor on Charities (VII Edition) page 294, Snell's Principles of Equity (XXVIII Edition) pages 210, 211 and 170, Hindu Law of Religious and Charitable Trusts by Justice Mr. B. K. Mukher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 administration of charitable trusts. This duty is recognised by the Charities Act, 1960, which in addition allows proceedings with reference to a charity (but not as to whether a charitable trust exists) to be taken by 'the charity, or by any of the charity trustees, or by any person interested in the charity, or by any two or more inhabitants of the area of the charity, if it is a local charity . The following passages from the Hindu Law of Religious and Charitable Trusts by Justice Mr. B. K. Mukherjea, Fourth Edition, pages 452, 455 and 45 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mrit 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 judicial committee as well as of the other High Courts in India. In Raju Muttu Rama Linga v. Perianayagum, (1874) 1 Ind App 209 at 233, it was observed by Privy Council that there could be little doubt that this superintending authority over temples and religious endowments was exercised by the old rulers. Sir Montague Smith in course of his judgment in this case relied upon the opinion expressed by Nelson in his Madura Manual that 'the Dharmakartas of the Pagodas had but little communication with one another and regarded no earthly superior except the Ki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owments, 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 judicial capacity habitually intervened to prevent fraud and waste in dealing with religious endowments. In Manohar Ganesh v. Lakshmiram ILR (1888) 12 Bom 247, West and Birdwood, JJ. observed : Civil Courts have jurisdiction to enforce trusts for charitable and religious purposes, having connection with Hindu and Mohammadan foundations and to prevent fraud and waste in dealing with religious endowments, though incidentally it has to take cognisance of religious or caste questions. The religion of the Hindu population being jurally allowed, the duties and services connected w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 of O. XXVI, R. 10 of the Code of Civil Procedure is inapplicable to proceedings under Article 226 of the Constitution of India. Even before the Code of Civil Procedure came into force, the Judicial Committee of the Privy Council had occasion to remind the Courts in India about the approach to be made regarding a Commissioner's report made on local enquiry. In Ranee Surut Soondree Debea v. Baboo Prosanna Coomar Tagore, (1869-70) 13 Moo Ind App 607 at page 617, the Judicial Committee of the Privy Council after stating that interference with the result of a local enquiry should be only upon clearly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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 adjudicate upon the issue arising in the writ petition. It would be entirely for the Court to consider what weight to attach to the facts and data stated in the report of the Commissioner and to what extent to act upon such facts and data. But it would not be correct to say that the report of the Commissioner has no evidentiary value at all, since the statements made in it are not tested by cross-examination. At page 817 of the judgment, in paragraph 15, the learned Judge said thus: We may point out that what we have said above in regard to the exercise of jurisdiction by the Supreme Court under Article 32 must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Constitution properly and effectively in the larger interest of administration of justice, and for proper protection of constitutional safeguards. I am, therefore, of the opinion that this objection is devoid of any merit. The latest decision on this subject is Delhi Judicial Service Association Tis Hazari Court v. State of Gujarat : (1991) 4 SCC 406:1991 AIR SCW 2419 . We are of the view that the above decisions establish that the Court, in exercising the powers under Article 226 of the Constitution of India, can appoint a Commission. The Commission so appointed by the Court must be responsible persons who enjoy the confidence of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut 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 Commissioner are not disproved. They have not been demonstrated to be wrong. There are only mere assertions made in the form of statements by the respondents as against the prima facie evidence disclosed by the reports of the Commissioner. We hold that in so far as the evidence and conclusion reached by the Commissioner are not properly assailed or shown to be wrong by leading evidence by those who attack it, the interim reports and the final report filed by the Commissioner are acceptable. Ordinarily, they cannot be departed from. So, we hold that the reports filed by the Commissioner should form the basis for passing appropriate orders by this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Dal v. H. S. Chowdhary (1992) 4 SCC 305 : (1993 AIR SCW 248). 22. We shall quote the relevant and important passages in the above decisions hereunder. In Fertilizer Corpn. Kamagar Union v. Union of India AIR 1981 SC 344 in an agreeing judgment, Krishna Iyer, J. for himself and P. N. Bhagwati, J. stated the law thus, at pages 354 and 355 (para 41): Law, as I conceive it, is a social auditor and this audit function can be put into action only when some one with real public interest ignites the jurisdiction. We cannot be scared by the fear that all and sundry will be litigation happy and waste their time and money and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 consideration, the Court should not allow itself to be activised at the instance of such person and must reject his application at the threshold, whether it be in the form of a letter addressed to the Court or even in the form of a regular writ petition filed in Court, We may also point out that as a matter of prudence and not as a rule of law, the Court may confine this strategic exercise of jurisdiction to cases where legal wrong or legal injury is caused to a determinate class or group of persons or the constitutional or legal right of such determinate class or group of persons is violated and as far as possible, not entertain cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . . 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 truly the People of India , who gave to themselves this magnificent Constitution. It is true that there are large arrears pending in the Courts but that cannot be any reason for denying access to justice to the poor and weaker sections of the community. In Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802 at pages 811, 813 and 817, the Court said thus: . . .We have on more occasions than one said that public interest litigation is not in the nature of adversary litigation but it is a challenge and an opportunity to the Government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the constitutional provision enacted in Clause (1) of Article 32...... We may point out that what we have said above in regard to the exercise of jurisdiction by the Supreme Court under Article 32 must apply equally in relation to the exercise of jurisdiction by the High Courts under Article 226, for the latter jurisdiction is also a new constitutional jurisdiction and it is conferred in the same wide terms as the jurisdiction under Article 32 and the same powers can and must therefore be exercised by the High Courts while exercising jurisdiction under Article 226. In fact, the jurisdiction of the High Courts under Article 226 is much wider. because the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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). 23. Three questions, however, remain to be considered, namely, how far the Court could give directions which are administrative in nature and secondly whether any direction could be given to build roads where there are no roads for the enrichment of the quality of life or access to life, and thirdly whether the Court could direct that the administration should report from time to time so that action taken can be supervised by the Courts. The said three questions were answered at pages 80 and 81 (of SCC): (at Pp. 854 and 855 of AIR) of the report, in paragraphs 30 and 33, as follows : 30. So far as the first and second questions are concerned, in Bandhua Mukti Morcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the Court. Even if it is said that there was a final order, in a dispute of his type it would be difficult to entertain the plea of res judicata. In Sheela Barse v. Union of India AIR 1988 SC 2211, Venkatachaliah. J. as he then was, delivering the judgment of the Bench stated thus (at pp. 2214-15): In a public interest litigation, unlike traditional dispute-resolution-mechanism, there is no determination or adjudication of individual rights. While in the ordinary conventional adjudications the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 institutitionalisation of the PIL movement and concludes with innovative methods and devices for increasing citizens participation to promote reforms of the of the legal system in order to ensure real access to the justice delivery system, and to encourage the continuation and expansion of public interest representation. Above all, it has opened wide the doors of the Court to millions of poor, ignorant and socially or economically disadvantaged to articulate their grievances and seek justice which otherwise would have been denied to them. 97. In short, the decision in Gupta case is a golden master key which has provided access to the Courts for the poor and downtrodden. 24. There is a useful discussion regarding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner 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 in the inquisitory type of public interest litigation, the Court on the report of the Commissioner gives its verdict and proposes a remedical relief and monitors its implementation, as was done in M.C. Mehta's case AIR 1987 SC 1086 and Sheela Barse's case AIR 1988 SC 2211. The Court passes orders, either interim or final, issues directions and monitor or oversee its implementation from stage to stage. In other words, the continuing proceeding is also contemplated in public interest litigations so as to see that the affirmative directions or remedial action suggested are fairly, reasonably and properly implemented. See in this connection the decisions of the Supreme Court, wherein, from stage to stage, orders were passed: (1986) 4 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 detail only those aspects which were specifically urged at the time of hearing. We have already noticed that the Commissioner has filed fifteen interim reports and the final report in two volumes. The interim reports really formed part of the final report. The Commissioner has made specific recommendations on matters dealt with in the various interim reports. To some extent, the matters dealt with in the interim reports find a place in the final report also and there is overlapping. Therefore, we shall deal with the interim reports in seriatim, including the recommendations made thereon and give our decision on those aspects. Thereafter, we shall deal with the final report and deal with the recommendations made therein. As soon as interim report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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, the only source of water was dirty and unfit for drinking, the surroundings were also dirty, sick animals were never-attended to, no' medical treatment was provided for them, the general health of the animals are very poor, etc. The physical verification disclosed only 120 animals. There was no separate register showing the admission and death of animals. If animals are sold for slaughtering, there is no means to verify. There was no ear tag for the animals. The general health of the animals are poor. The animals which were dead were not even removed. Little or no treatment was given to them. Most of them suffer from malnutrition. There are only a few milking animals and 19 litres of milk is obtained every day. Professor C. P. Neelaka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Gokulam is in the hands of an Upper Division Clerk. The entire matter requires revamping. It discloses a deplorable state of affairs and the authorities concerned have never cared to inform themselves about the reality of the situation or to take remedial action. The fourth respondent (Administrator) has filed a statement dated 24-3-1993 stating that the defects pointed out are being cured. The Thanthri is of the opinion that the Gosala should be near the temple. Good quality of pure milk is required for the temple purposes -- Abhishekam, Palpayasam, etc. Unless a dairy is maintained near the temple, it will be difficult to obtain good and substantial quantity and quality of milk for temple purposes. The Thanthri complains that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of February and 23 days in March was not recorded. When rice is measured from 'Kalavara' it was received by Koima, who actually gives it to the kitchen (Thidappally). There is a printed account form which should be filled up by Koima every day. There were no entries regarding the quantum of rice measured. The pass book entries are not up-to-date. The Commissioner has concluded that correct and true account of rice measured by Kalavara to Koima and by Koima to temple kitchen is not maintained. This account is not supervised or checked by the temple Manager or the Superintendent every day. This state of affairs leaves large room for manipulation of accounts. Regarding the publication division, there was a minor variation and no seri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 Report No. 3. The stand of the Government, as seen from the statement dated 2-12-1993 on Interim Report No. 3 is as follows : (1) Inspection of paddy godown, Kalavara, etc. Registers should be maintained properly and on a regular basis. Irregularities noticed should be dealt with by the Guruvaur Devaswom Managing Committee (GDMC) and action taken. (2) Purchase of furniture in Rest Houses/ Guest house Stock register of furniture should be maintained and periodically inspected. Immovable/movable property register should be maintained and the defects pointed out are to be rectified. This should be done by GDMC. (3) Sale of male calves to slaughte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons 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 television by closed circuit television, camera in the front portion of the sanctum sanctorum and other places has been suggested. The name of the Deva-swom should be engraved on all vessels and movables. Permanent guards should be posted in front of the strong rooms. There should be beats and patrols round the clock in the temple premises and outside. Photo identity cards should be given to all temple staff except Thanthri, melsanthi, Othikkans and Keezhsanthies. A register showing persons on duty should be kept with details. It should ensure that who were on duty and at what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oundary 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 is complaint about the nature of security that exists, the behaviour of the security staff and the poor arrangements in that behalf. Considering the totality of the facts and circumstances brought to our notice, we are of the view that the security arrangements require a thorough overhaul, better management and efficient organisation. We are disturbed to note occasional thefts of valuable articles and jewels. We do not accept the report of the Commissioner when he says that the security should be put in charge of 'police officers'. In the course of arguments, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion 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 and Thulabharam can be done in a building contiguous to the temple or in a building adjacent to the temple. We accept the above suggestion. These directions shall be implemented by the Managing Committee as early as possible, at any rate within one year from today. It has also come to our notice that jewels and other valuable articles inside the sanctum sanctorum are handled by the Thanthri, Melsanthi, Othikkans and Keezhsanthies. In our view, all those persons who have occasion to handle the articles along with the Melsanthi should have joint and several responsibilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Commissioner only on 13-4-1993, the Commissioner asked for clarification from this Court as to what should be done in the matter. Considering the fact that the Thanthri, 'the high priest', is an ex officio member of the Managing Committee, as per the provisions of the statute and occupies a very important place in the scheme of the administration of the temple, this Court directed that the complaint sent by the Thanthri should also be enquired into and the Commissioner shall submit a report thereon. In brief, the Thanthri has stated thus: He welcomes the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nected 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 understanding. 'Nive-dyam' of the Lord is sold outside the temple. It was opposed by him. The prasadam distributed from the counter outside is substandard in quality. The milk' used for Palpayasam is purchased from- Milma. It suffers from pollution and is of low quality. It is against all norms of sanctity. As a member. of the Committee, expert knowledge may be necessary in administrative matters and so, personal staff should be provided to him. There is grave impropriety on the part of the administration in the matter of conducting the purificatory ceremony ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blication 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 Devaswom Board and they have to be full time members devoting their entire time for the purpose for which they are chosen. Competent officers of the Government or the Judiciary may be considered for appointment as President and Members. There is inadequacy of staff. More qualified persons may be appointed to the Maramath, Electricity, Public Health and Accounts Departments. There should be concurrent audit. Trade Union activity of any kind may be prohibited among the employees of the temple. An outer complex to the temple may be built by acquiring land around the temp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Interim ReportNo. 5 of 1993 only to highlight that a lot of discord, dissension and dissatisfaction, even amongst the members of the Managing Committee, exist and the further fact that the majority of the members of the Managing Committee are agreed that 'all is not well' in the administration and that there is gross mismanagement, inefficiency, etc. which requires revamping of the entire set up, even by resort to legislative amendment. The view so pointedly focussed cannot be lost sight of and the matters so stated by the majority of the members justify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 show the receipt of the logs, and there is no record to verify the correctness of the logs issued to the temple. In the final report (Part I), the Commissioner has recommended explanation to be called for from the Doctor and the Pharmacist regarding misappropriation of hospital funds (Part I of the Final report -- Chapter XV, page 202, Item 5). He has also suggested explanation to be sought from the Managing Committee and concerned persons regarding the appointment of unqualified persons as Lab Assistant (Part I of the final report -- Chapter XV, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 responsible authorities will be opened and appropriate action will be taken to remedy the situation. 34. In Interim Report No. 7 of 1993 dated 9-6-93, the Commissioner has adverted to the statement given by Shri P. C. Divakaran Namboodiripad, the Thanthri of Guruvayur Devaswom, and the order passed by this Court dated 24-5-93 directing the Commissioner to serve copies of the Thanthri's statement to all the members of the Managing Committee and invite their comments. The Commissioner states that copies of the statement of the Thanthri were served o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements. 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 enhanced reasonably after complying with the procedure laid down in Section 20 of the Act. When Thanthri misbehaves or when it is not possible for him to perform his duties, some way is to be found to deal with the situation. This is being considered by Government. The complaint of the Thanthri and complaint against the Thanthri have been investigated and dealt with by the Commissioner in detail in the final report (Part I, pages 54 to 86). Regarding Thanthri's allegations, the findings are as follows : (1) After the present Admini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 desirable if Devaswom has a Gosala in Guruvayur itself. Non-performance of remedial measures as per the 'Devaprasna' is due to the communication gap between the Thanthri and the temple management. In our view, this should be remedied and the remainder of the religious rites as per 'Deva-prasna' should be performed or conducted in concurrence with the Thanthri at the earliest opportunity, within six months. Regarding the allegations against the Thanthri voiced by the three members and the Administrator, which are also su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 due to the Guruvayur Devaswom were not traced and/or not realised. It also highlights the fact that the concerned authorities were negligent and wilfully closed their eyes in not realising the amounts due to the Devswom. This forms part of the allegations made by Shri C. K. Rajan. We will deal with the matter in little details. The first allegation is that monies due under the will of deceased Sreedevi Amma to the Devaswom were not brought to account. One Puthusseri Sreedevi Amma executed Will No. 40 of 1984 of Thottappally Sub Registry Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 action to recover the same. One Subramanian Unni, U.D. Clerk, who was in charge of A7 Section of Devaswom at that time (Witness No. 57) admitted that he has made the note to close the file. He has stated that the Devaswom Inspector has reported that recovery of the amount is time barred and as parties are dead, no further action need be taken as per the report of the Devaswom Inspector. The file did not go to the Assistant Manager (Finance). Normally, the file should have gone to her and then forwarded to P.A. (Finance). The Assistant Manager (Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Committee, the Administrator and other persons shut their eyes wilfully in not realising the amounts admittedly due to the Devaswom. passes one's comprehension. Whether this is only an isolated instance or whether there are other instances of this type is also anybody's guess. This is the only instance that is highlighted by Shri C. K. Rajan, perhaps there are other such instances about which Shri C. K. Rajan or other persons are not aware of. In such a serious matter of importance, how lightly the Managing Committee, the Administr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tually 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/- and Shri Mohan offered ₹ 10,000/-. All the above three persons only sent letters. They did not submit tenders as stipulated. Instead of calling for fresh tenders or clarification, the Devaswom Managing Committee accepted the offer of Shri Mohan at ₹ 10,000/- per month. A loss of ₹ 8,000/- per month thereby resulted, since Shri Mahadeva Iyer offered ₹ 18,000/-. The relevant files show that Shri Mohan was provided utensils also. The licensee Shri Mohan was preferred without reasonable cause, causing loss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant 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, the Managing Committee has stated that the Committee has contributed money to certain organisation and that too by giving advertisements of its magazine 'Bhakthapriya'. The Managing Committee feels that an enquiry should be made in respect of the allegations against the Administrator. The first respondent -- Govt. of Kerala --in its statement dated 2-12-1993, has explained its stand thus : Allegation re- ) This irregularity will garding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 accommodation; (d) culture and propagation of the tenets and ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 taken from the Octupura Store because they were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittee. 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 Managing Committee regarding the spending of ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,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 when he wrote the letter to the Administrator directing to withdraw the deposits. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 amounts prematurely withdrawn were reinvested in such recurring deposits (probably for a longer term of years) and as against the loss of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 the earlier proceedings, the matter was not adjudicated. It was left open. In this proceeding, neither the third respondent nor the tenth respondent has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 these matters, the Commissioner has opined that even in the few instances given by him, it is clear that whenever members of the public or devotees made complaints of misb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 ₹ 14,000/- was spoiled the punishment imposed was a farce. Only a fine of ₹ 201/- was imposed on the concerned persons. That was even cancelled later. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the underground cable used for the work. Shri K. V. Manickam, Chief Engineer submitted Ext. 10A and Shri Madhvan Namboodiri, Deputy Chief Engineer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 were merely written in certain pages. The correct stock could not be ascertained. Actual physical inventory of available items was ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Sree Krishna College, it is stated that the management quota is filled up according to the discretion of the Managing Committee su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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 dated 18-9-1993. It has sought to justify the award of contract to Shri Madhsoodhanan. The committee has stated that M/s. Silk has not ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishna 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 to note that the Devaswom has not lost any amount by way of interest. The matter has ended happily. But, however, the facts stated in Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir performance 174 -- 195 XIII Politicalisation and administrative dysfunction 196 -- 190 XIV Chewing the cud -- good, bad and ugly 200 -- 201 XV Picking up the thread 202 -- 213 XVI Thanks giving and prayers 214 -- 218 XVIII List of exhibits 228 -- 232 XIX Statement of expenses borne by the Devaswom in connection with the enquiry 233. At this juncture, we should state that the final report is the codification of all aspects --many of the matters dealt with in the interim reports and some of them new ones. We are dealing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further allegation against Shri K. Rajan is the irregularity in the allotment of a shop room in the name of his wife. The Commissioner, after analysing the evidence in pages 23 to 28, has given facts which may point out that the allotment of a shop room to his wife is irregular and definitely an act of favouritism. Since Shri Rajan is a Member of the Managing Committee, we concur with the Commissioner that a vigilance enquiry may be ordered against Shri Rajan and his assets so as to determine whether he is holding assets disproportionate to his income. Item No. 9 in Chapter II deals with allegation regarding shooting of film Guruvayur Mahathmyam . The Commissioner has found that the Devaswom has incurred a loss of ₹ 16,91,906/- in this venture (para 25 at page 32). He has further found that the attempt is a fool-hardy,' speculative and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corruption in the Maramath department . Special mention is made regarding western Gopuram and Oottupura (items 16 and 17). The Commissioner has discussed this matter at pages 41 to 46. Regarding 'Oottupura', the original estimate was varied and additional expenditure has been incurred for ornamental granite doors and windows in the sum of ₹ 4,40,000/-. This additional expenditure was not sanctioned by the Devaswom Commissioner. So, it is unauthorised. Details of materials got after dismantling the old Oottupura and their disposal were not available in the file. In paragraph 39, dealing with Item No. 17 (Western Gopuram reconstruction), the Commissioner has found that there would have been a saving of ₹ 2,93,412/-. In view of the above lapses, the Commissioner has recommended in Chapter XV, page 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 electric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned persons. Chapter II, Item 24 deals with 'gold lockets'. Gold has been sent to the Government Mint, Bombay for manufacturing gold lockets. According to the contract, the balance quantity of standard gold that will be available in the Mint is 4 kgs. 20 gms. 91 mgs. But as per the letter from the Mint dated 7-12-1991, it had only 4 kgs. 14 gms. 100 mgs. Difference of 6 gms. 801 mgs. is seen. It is not shown as to why 4 kgs. of gold are still lying idle with the Reserve Bank. Appropriate explanation should be obtained from the persons concerned and the matter pursued. 45. Chapter III of Part I (final report) deals with the complaints of the Thanthri and the complaints against the Thanthri voiced by certain members of the Managing Committee. Very exhaustive discussion on these matters has been made by the Commissioner 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 Devasw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Committee must be under the effective control of an independent judicial authority. The matter has been discussed by the Commissioner in Part I (pp. 65, 66, 67 68). The plea of the Thanthri has been found to be substantially correct. The said plea of the Thanthri is also spoken to by two Devaswom servants. We accept the finding of the Commissioner that politicalisation prevails in the nomination to 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. Many other complaints voiced by the Thanthri have been dealt with in the interim reports. We shall only indicate them : Img02 Since the matters have already been dealt with, no repetition is necessary. The Thanthri has also a plea that corruption 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 st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 5 and 7 of 1993, we decline to accept the recommendations of the Commissioner on Item No. 16 -- Enhancement of Dakshina of the Thanthri, etc. 46. Chapter IV of Part I of the final report deals with temple, its rites, security and management. After elaborating the structure of the temple and its adjacent structures, the Commissioner has highlighted the problem of 'crowd management'. The complaints are : The prasadams are not properly distributed in the sense that devotees do not get the quantity for which they have paid. The quality of the prasadam is poor. About the quality of palpaysam and appam, there is complaint. It is also stated that there are complaints that there is no check on the quality of the goods obtained for temple. The devotees are not treated equally in the distribution of prasadam and the Devaswom staff show favour to some. The matter has been dealt with in detail in pages 87 to 113. The Commissioner has adverted to various aspects and has opined as follows : The 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere should be corrective against such irregularities. On a total evaluation of the various aspects stated in Chapter IV of Part I, we are largely in agreement with the findings and observations of the Commissioner aforesaid. There should be 'quality checking' of goods obtained by the temple and appropriate competent machinery should be devised. The recommendations are entitled to great weight and it will be in the interest of the administration to effectively implement those recommendations. In this connection, we extract the Thanthri's suggestions made mention, by the Commissioner at pages 112 and 113 of Part I of the final report : The Thanthri, in paragraph 17 of his statement, has recommended certain poojas and rituals to be performed. He has suggested that 'sudhhi' ceremony must be conducted once in every month. He has recommended 'Namaskara Oottu' and 'Athazha Oottu', which were stopped years back, may be resumed. He has also suggested that '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 recom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of the Nivedyam, lack of discipline among Keezhsanthies, necessity to have joint responsibility of all persons who have access to the movables and jewels, necessity to do 'prayaschitha karma' as per the Devaprasnam, etc. We discussed at length with the Thanthri and recorded his statement regarding the question whether plurality of persons can perform the Udayasthamana Pooja. The Commissioner has dealt with this matter. In our opinion, some serious consideration is required regarding the permissibility of plurality of persons performing the Udayasthamana pooja. According to the Thanthri, there can be no objection for this. But he is clear that there can be only one Udayasthamana, pooja every alternate day. He states that the consent of Guruvayurappan shall be had, either by 'pushpa prasnam' or by taking a 'rasi prasnam' as to whether plurality of persons' can join in performing the Udayasthamana pooja -- in the name of more than one person and collecting 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. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ex pressed by the Commissioner seems to be very fair and reasonable. In Part I (page 207), the Commissioner has made the following recommendation : Reservation of accommodation in the Guest Houses must be computerised. The Devaswom must go in for a laundry plant of its own to wash the linen. Rules must be framed specifying the VIPs entitled for free accommodation. We are of the view that the opinion expressed by the Commissioner is entitled to acceptance as also the recommendations made. We do so. 48. Chapter VI of Part 3 deals with 'material management'. The aspects dealt with are the mode of stocking materials and mode of issue of materials to various departments. The Commissioner has adverted to Interim Report No. 3, wherein the absence of stock registers in the paddy godown was highlighted. It is also stated that there is no proper account of the rice measured from Kalavara. Interim Report No. 6 is also adverted to show that there is no stock register 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... down where every materials can be stocked. If necessary, Devaswom should construct a new one with proper facilities. One responsible officer must be in charge of the stores and under him there can be many other Assistant Store Keepers in control of each section. They can issue the stock for various sections and whole process can be computerised. If it is so done the clear stock position with regard to each material will be recorded and we will be able to locate each item of the material issued, and for what purpose. If we introduce this system, it will reduce the chances of pilferage, corruption and mismanagement. In Part I, page 207, further recommendation has been made regarding management of movable and immovable properties : There must be annual verification of stores, if necessary by the Local Fund Audit and report sent to the superior authority. Devaswom must go in for a Central Warehouse or godown and the responsible officer must be posted in charge of 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eviction of the lessees. The Commissioner has suggested that a permanent register should be kept and proper responsible officers should be put in charge for the maintenance of immovable properties. Specific rules should also be framed for appropriate handling and checking. Regarding movables, the Commissioner has adverted to Chapter IV of the report and other facts and circumstances brought out in the case, and has opined that all persons who deal with the movables (especially the jewels), like Thanthri, Melsanthi, Othikkan and Keezhsanthies should be jointly and severally liable. The Commissioner has also held that appropriate arrangements should be made for keeping silver and golden vessels, jewels etc., by the Administrator in his room with sufficient security guards. Identification marks should be inscribed on all the movable properties of the Devaswom. Rules should be made regarding the maintenance of movable properties. There should be an appraiser at the time 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 recomme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim Report No. 11/93 where about ₹ 46.5 lakhs of bank deposits were withdrawn without any justifiable reason resulting in a huge loss of nearly ₹ 2.13 lakhs by way of interest. There is no concurrent audit with regard to expenditure side. This is a serious defect. There was misapplication of Deva-swom funds for non-trust purposes. To crown all these, as pointed out in Interim Report No. 11/93, money of the Devaswom is put in various banks throughout the State, even in far off places, resulting in unmanageable state of affairs. The Commissioner has opined that all these are dangerous trends pointing out to financial indiscipline and mismanagement which required urgent action. The Commissioner has made as much as nine recommendations, at pages 134 to 137 of Part I. This has been carried over, as specific recommendations, regarding mismanagement of finance, as items 11 to 16, at pages 208 and 209. They are as follows : 11. The Finance Department 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 cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en to dispose of the audit objections, It appeals that many of the audit reports were not put up in time to the then Commissioner for disposal. After I took charge in August, 1990, three audit reports were received in all, viz. those relating to 1987-88, 1988-89 and 1989-90. These reports were duly forwarded to the Guruvayur Devaswom Managing Committee. Replies to the audit report for 1987-88 were received in February 1993. Replies to the subsequent audit reports are yet to be received. Replies to audit reports for 1985-86 and 1986-87 were also received in February 1993. Replies to several audit paras are yet to be received. The idea was to dispose of all the paras for each year in single proceedings. As this was found to take a long time, it was decided to dispose of individual audit paras on merits. Accordingly, 69 audit paras relating to 1985-86, 60 audit paras relating to 1986-87 and II audit paras relating to 1987-88 have been disposed of. Year wise details 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rustrated and the statutory provisions have been rendered a dead letter. Probably, the Managing Committee and the Devaswom Commissioner have taken the audit only as a meaningless ritual or empty formality! We are afraid that the enquiry by the Commissioner has really opened a Pandora's box -- inevitable and impregnable discrediting the entire administrative set up and bringing everything 10 disrepute. Indeed, alleging corruption and rank nepotism, Shri C.K. Rajan has highlighted that the defects and illegalities pointed out by the auditor in the accounts have not been answered at all by the Devaswom Commissioner, Managing Committee and other concerned persons; nor has any step taken, in pursuance thereto! This was put forward in the forefront in Shri Rajan s complaint. How true it is! We would also deprecate the donations made by the Devaswom unauthorisedly and unmindful of its duties and obligations contained in Sections 10 and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rting the building for Administrative block and V1P suites with shopping complex. It was decided to entrust the work to M/s- SILK and to pay them for dismantling the work already done and to pay extra rate for additional work. The rates have not been fixed. The original plan and structural details were made by Shri Ramakrishnan, Architect, Bangalore, free of cost. But, the revised plans were prepared by one Shri C. George and he was paid ₹ 15,000/-. He has demanded payment at the rate of 7.5 per cent of the estimated rate of ₹ 7.5 lakhs. The matter is not decided yet. If the matter was entrusted to Shri Ramakrishnan, the original Architect, payment to Shri George could have been avoided. Similarly, the rates to be paid to M/s. SILK for additional work is not yet decided. The change in attitude of the Managing Committee in revising the plan and structure from one of a Guest House for ordinary pilgrims to the other, to accommodate 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one several times the estimated rate. The Commissioner has made suggestions on this score, at pages 155 to 157 of Part I. On the above aspects, the final recommendations made by the Commissioner are contained in Part I at page 209, paragraphs 17, 18 and 19. They are as follwos: 17. Commissioner's sanction should be insisted for all expenditure above ₹ 2 lakhs and it shall not be incurred first and sanction granted later. All expenditure incurred in a building or project within two years should be pooled together to consider whether the expenditure exceeds ₹ 2 lakhs. 18. Before passing any expenditure of doubtful nature, the Committee should take legal advice. An expert committee to be constituted with two experienced civil engineers of integrity, a Chartered Accountant and the Law Officer of Devaswom. All plans should be approved by the Managing Committee only if it is recommended by the said expert committee. The two 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 Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... X of Part I deals with personal management and discipline. The Commissioner has made an exhaustive survey of the matters in pages 158 to 170 of Part I. He has stated that there is malpractice in appointments, besides favouritism and corruption. In Interim Report No. 6, it has been brought out that in the clinical laboratory, four unqualified persons are holding posts. So also, in Interim Report No. 11, the illegal appointment of Shri Ganesan as Lecturer in Botany in Sreekrishna College, Guruvayur has been highlighted. The Commissioner states that the Managing Committee members are not experts in the field and there should be a Recruitment Committee, consisting of eminent persons well-versed in the particular subject, including experts in the field and appropriate procedure should be laid down by way of regulations or rules to avoid favouritism and corruption. The method of selection should be made foolproof since the selections now made are highly 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 infrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which Devaswom is involved also should receive his attention. Rules be framed for disciplinary procedure and conduct of Devaswom employees. 21. An independent Recruitment Committee consisting of experts like Civil Engineer, Lawyer, Educationist, Doctor or Administrator must be constituted who will be solely in charge of the recruitment. These persons should not be employees of the Devaswom, but must be independent persons with reputation for the character and integrity. It shall be their sole responsibility to recruit to various posts in the Devaswom and select suitable persons. If the recruitment is for Shanthikkar or some other posts involving religious rites, Thanthri should be a member of the Committee and his opinion should prevail unless the Committee records special reasons for the contrary. Employees must be asked to file their property statement annually and take prior permission before acquisition of immovable properties or movable properties 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deal with the legal affairs and also litigation. He has recommended that a District Judge should be posted on deputation to head this department. All the legal aspects should be referred to his opinion and clearance obtained. If the said Law Officer is a District Judge, he can be invested with powers to take disciplinary proceedings against the Devaswom servants. He can be designated as Law Officer and Disciplinary Authority. The recommendations regarding legal affairs and disciplinary action are contained in paragraph 20, at page 210, which we have extracted earlier, while considering Chapter X. We accept the said recommendation. 54. Chapter XII of Part I deals with functionaries under the system and their performance and the -need for change. The Commissioner has analysed the provisions of the Guruvayur Devaswom Act and has endeavoured to assess the role played by the Administrator, the Managing Committee and the Devaswom Commissioner and has given 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 discus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... measures. The Devaswom Commissioner should be a person in the spot, at Guruvayur. A person in the statute of a retired High Court Judge should be posted to the post. The composition of the Committee should be different, Talented and professional persons, like lawyer, Engineer, Chartered Accountant or leading non-political men should be appointed. The power of revision under Section 33 of the Act should be vested in the High Court. The term of the Managing Committee should be at least four years. Hereditary and ex-officio trustee should be excluded. On a perusal of the entire discussion regarding functionaries under the system and their performance and the changes needed, as recommended by the Commissioner at pages 205 and 206 of the report, we are of the view that while many aspects stated therein are worthy recommendations which will improve the tone and temper of the administration and are commendable, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mendations have been made on various interim reports and the final report. They are contained in pages 202 to 205. Further, general recommendations are contained in paragraphs 28 to 30 at page 213, which are to the following effect: 28. Devaswom should construct cheap lodging houses for devotees even if at a distance. The devotees can be taken from the lodging houses to the temple by a chain service conducted by the Devaswom so that the rush near the temple for lodging houses can be avoided. 29. Devaswom should either acquire all properties within the radius of 100 Mts. from the outer wall of the temple or law must be enacted giving a pre-emption right to the Davaswom to purchase those properties whenever owners want to sell them. This is very urgent and necessary for future development and security of the temple. 30. A master plan must be drawn for development of the temple town and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c interest litigation and such matters should be agitated in an appropriate proceeding, at the appropriate time. We make it clear that we leave those questions and other allied aspects open. 61. Now we are at the end of the journey. Shri T.P. Kelu Nambiar, amicus curiae, highlighted the fact that the Guruvayur Devaswom is every day growing and it is already a big empire. With the extension of the railways, it is bound to attract more crowd from all over. The expansion has already taken many dimensions and was not in the mind of the authorities who were running the administration decades ago. The Guruvayur Devaswom Acts of 1971 and 1978 were largely enacted reckoning the existing order and things and without reckoning the realities of modern times, and in the wake of the next century, a complete restructuring of the administration and its apparatus are necessary. There should be more dynamic and 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 pilgr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he report. A perusal thereof will show how light-heartedly the Commissioner and Secretary to Government has viewed his assignment. The Devaswom Commissioner is a part-time officer. He has only a remote control over the administration. The Commissioner were never effective nor vigilant nor carries out the statutory functions and confidence imposed on them, Their non-functioning will be evident from the non-disposal of audit reports ever since the Act came into being more than fifteen years ago and other acts of abdication of duty, which we have pointed out earlier in this judgment. Pages 138 to 147 of Part I of the report referred to above will be a pointer in this regard, as to how light-heartedly the assignment is viewed. The present Commissioner Shri Mohankumar has also acted only in that way. The various directions given by us and the multitude of matters to be attended to cannot 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 adminis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublic interest litigation. Our main endeavour is to construct or build up and not to demolish, to motivate and activise the set up or machinery, which is inactive and suffers from partial paralysis. Our aim is to provide positive answers and directions to cure the ills and not to continue the impasse and stalemate. So, there is necessity to keep vigil and monitor the matter from time to time. It is with that end in view, we have endeavoured to analyse and bestow our anxious thought over a delicate and sensitive matter in great details. We shall now summarise the various recommendations and directions in the following paragraphs. 64. Summary of the findings and recommendations (Interim Report Nos. 1 to 15 of 1993): A. We repel the plea that the initiation of this public interest litigation was without jurisdiction or in any way unauthorised or improper (paragraph 14). Availability 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 char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding adjacent and contiguous to the temple premises or 'prakaram'; and so the sale of vazhipadu and distribution of prasadham 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. The Managing Committee shall implement the above suggestions within one year from today. All persons who have occasion to handle the articles along with the Melasanthi should have joint and several responsibility for the said articles. Steps should be taken by the Managing Committee to ensure this. The temple and its vicinity should be a protected area and all the demonstrations and meetings should be banned in that area. It is highly essential that the serenity, calm and peaceful atmosphere should be maintained, both inside and outside the temple, in the vicinity, at all costs. The Government and the Managing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government was a mere looker-on. The existing set up, structure and administration is wholly unsatisfactory. The entire set up requires appropriate modification. Appropriate follow up action should be taken at the earliest time (paragraph 35). N. Interim Report No. 9 of 1993 deals with the allegations in respect of Panchajanyam Restaurant and misapplication of Devaswom funds for non-religious purposes. We do not accept the finding of the Commissioner in Interim Report No. 9 of 1993 that the Panchajanyam Restaurant is run by a non-Hindu. The licensee, Shri Mohan, was preferred without reasonable cause, causing loss and detriment to the Guruvayur Devaswom. The Managing Committee as trustees acted in an unfair and arbitrary manner. They are responsible for the loss. They should be made liable for the loss. We accept the finding of the Commissioner that the payments to Matha Sauhardha Sammelan, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it was not a public interest litigation......... There is no material to hold that the Devaswom was in any way profited; and the plea of res judicata has no substance. There is total inaction and a negative attitude by the supervisory revisional authority to such flagrant acts of mismanagement and maladministration........The various instances of indiscipline of Devaswom servants and the management's attitude towards discipline dealt with in Interim Report No. 11 of 1993 show the bad effect of politicalisation of administration. Disciplinary proceedings were hushed up without an enquiry and even in cases where punishment was recommended, the Committee declined to act or to impose proper punishment. The attitude taken by the Managing Committee was far from satisfactory and patently unreasonable. The complaints of the worshippers were totally discarded or brushed aside. The above instances 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 behal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions in the matter should be given effect to within six months. 65. Summary of the findings and recommendations (Final Report) : U. A vigilance enquiry may be ordered against Shri Rajan (Member of the Managing Committee) and his assets so as to determine whether he is holding assets disproportionate to his income. The shooting of the film 'Guruvayur Mahathmyam' was a speculative, imprudent and uncalled for venture and the Managing Committee has spent trust funds negligently and imprudently. The recommendation of the Commissioner that audit query is to be answered immediately and explanation be elicited from the Managing Committee and concerned officials and follow up action should be taken to levy the loss from the persons responsible is accepted. We further accept the recommendations of the Commissioner regarding Oottupura and the western Gopuram contained in Chapter XV page 203 (items 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout joining the crowd and without difficulty, which should be notified in advance for information. Serious consideration is required regarding the permissibility of plurality of persons performing the Udayasthamana Pooja. The Managing Committee should take steps as suggested in paragraph 46 of the judgment in concurrence with the Thanthri. The Managing Committee should take appropriate steps to promote the bhakthi cult also (paragraph 46). Y. Definite rules should be made as to who are entitled to free accommodation in the Guest Houses. The recommendations of the Commissioner contained in Part I (page 207) extracted in paragraph 47 of the judgment, should be given effect to. The recommendations of the Commissioner in Part I, Chapter VI (pages 122 and 207) extracted in paragraph 48 of the judgment should be accepted in public interest and the Managing Committee shall take steps to implement the above 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 rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Alathur (Ambadi Estate). Z(3) In discussing personal management and discipline, the recommendations of the Commissioner contained in Part I, Chapter X-- the recommendations of the Commissioner contained in Part I (pages 210 to 212) as Items 20 to 25, are accepted (paragraph 52 of the judgment). Z(4) The recommendation regarding the legal affairs and litigation, contained in paragraph 20 at page 210 while considering Chapter X, is accepted. The Commissioner has recommended that a District Judge should be posted on deputation to head the department. He will be invested with powers to take disciplinary proceedings against the Devaswom servants. He will be a Law Officer-in-disciplinary authority (paragraph 53). Z(5) Regarding the functionaries under the system and their performance and need for change, we are generally in agreement with the various aspects stressed by the Commissioner and which we have 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 amendmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin six weeks from today (paragraph 63). 66. Before concluding, we are bound to acknowledge with thanks, the meritorious services and contributions made by several persons in connection with this litigation without accepting any remuneration. Our thanks are due to the following persons: (i) Shri S. Krishnan Unni, District Judge and Director of Training, for the enormous trouble and care taken by him in submitting a monumental Commission report, within the time indicated by the Hob'ble Supreme Court of India; (ii) Shri T. P. Kelu Nambiar, Senior Advocate, who spared no pains and assisted this Court, with lucid arguments, to arrive at proper findings and conclusions; (Hi) Shri S. Sankara Subban and Shri K. C. Sankaran, Advocates, who assisted the Commissioner from time to time; (iv) M/s. Menon and Menon, Chartered Accountants, S/Shri M. Rajasekharan Nair, retired D.G.P., Madras, C.P. Neelakanta Iyer, Professor, A. 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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