SECRETARY COCHIN DEVASWOM BOARD TRICHUR Vs. RADHAKRISHNAN KURUP

JUDGEMENT

(1.) The Order of the Court was pronounced by Radhakrishnan, J. - Valiyalukkal Group Devaswom (for short V.G. Devaswom) is not an incorporated or unincorporated Devaswom, but it is stated to be an institution coming within the definition of S.61(6) of the Travancore - Cochin Hindu Religious Institutions Act, 1950 (hereinafter referred to as T.C.H.R.I. Act). V.G. Devaswom belongs to and under the sole management of a single family by name Maliyekkal family of erstwhile Cochin State. This is an application filed by the Secretary, Cochin Devaswom Board to grant permission to replace the respondent - Trustee from the trusteeship of V.G. Devaswom by an officer of the Board to enable the Board to conduct an enquiry into the affairs of the institution.

(2.) Application is purported to have been filed under S.102(4) of the T.C.H.R.I. Act stating that V.G. Devaswom is a "Control Institution" under the Cochin Devaswom Board and hence the Board has got the right to replace the hereditary Trustee with an officer of the Board. In the application it is stated that the Cochin Devaswom Board has the statutory power to audit accounts and supervise the financial activities of the Control Institution. Further it is also stated that under S.84(1) and 107(3) of the T.C.H.R.I. Act, the Trustee of Control Institution is bound to submit to the Devaswom Board the annual accounts of the Institution and the budget for audit and approval by the Board. It is stated that the Trustee of the Devaswom has not submitted annual accounts or budget to the Board except for a period from 1st August 1997 to 11th March 1998 and from 20th March 1998 to 15th May 1998. There was a deficit of Rs. 19,924 in the conduct of the annual festival and the amount was advanced from the funds of the Devaswom to close the accounts. Respondent - Trustee was directed by the Board to reimburse the amount the same was not done. Further proper accounts have also not been submitted by the respondent. It is stated only by a thorough audit the actual financial position of the Devaswom could be ascertained so as to determine whether there is any misappropriation of the Devaswom funds. Trustee is not prepared to produce the accounts and registers for scrutiny and audit by the Devaswom Board. Reference was also made to certain complaints received from the devotees against the Trustee. In such circumstances the Board prayed that it is highly necessary to replace the Trustee so as to conduct a statutory enquiry into the affairs of the institution by an officer of the Board.

(3.) Counter - affidavit has been filed by the respondent - Trustee. It is stated that Valiyalukkal Temple is a private temple owned by Maliyekkal family. As per the T.C.H.R.I. Act only incorporated and unincorporated Devaswom and only those temples which were under the control and administration of the former Ruler of Cochin prior to 1950 alone were vested in the Board. The temple concerned in this case was not under the control or administration of the Ruler or even Melcoima of the Ruler of the Cochin State. The Cochin Devaswom Board has published a list of temples under their control, supervision and administration, but this temple is not coming under the Cochin Devaswom Board. Further it was also stated that an application can be filed by the Board before this court only in respect of a temple in which this court has got direct control for audit under S.105 and 106 of the T.C.H.R.I. Act. Under S.102 of the T.C.H.R.I. Act the audit shall be made by the auditors appointed by this court in case of the accounts of the Board and of incorporated and unincorporated Devaswom and institutions under the Management of the Board. It is also stated that the Board has failed to point out the provisions under which the application has been made before this court and hence the application itself is not maintainable.