LAWS(KER)-2017-5-59

P.LAKSHMANAN Vs. THE SECRETARY

Decided On May 22, 2017
P.LAKSHMANAN Appellant
V/S
The Secretary Respondents

JUDGEMENT

(1.) This matter has been numbered as DBP 116 of 2016 pursuant to the report, CDBR No.116 of 2016 submitted by the Ombudsman for the Cochin Devaswom Board.

(2.) The crux of the matter projected before this Court is that some liability was sought to be fixed upon the hereditary Kazhakam holder by name P.Lakshmanan attached to Pazhayannur Keezhedam Kanakkannur Siva Temple, in connection with the alleged loss of silver portion of the 'Prabhamandalam', which was in the custody of the 'Kazhakam' attached to the Temple. It is stated that the 'Prabhamandalam' was entrusted with the family of the present Kazhakam holder decades back (by about three decades) and that the silver portion, approximately weighed 535 grams; whereas the copper portion weighed 1Kg. 334 Grams 700 Milligrams. Admittedly, there was no separate weighing of 'Prabhamandalam' and the weight of silver portion was only a matter of assumption.

(3.) The present Kazhakam holder is a qualified Engineer retired from the Hindustan Construction Company and neither himself, nor his family, is interested in continuing the 'Kazhakam' any more. The request made in this regard has been considered and it has been ordered as per Annexure-B order dated 01.06.2015 passed by the authorities of the Devaswom Board relieving the Kazhakam holder and an eligible monthly pension of Rs.1000/- stands sanctioned in favour of Shri Lakshmanan, the present Kazhakam holder. However, the authorities sought to proceed against the Kazhakam holder alleging that an extent of 134 Grams and 300 Milligrams of Silver was missing by virtue of the reduced weight of the 'Prabhamandalam; which hence was sought to be compensated by the Kazhakam holder.