PART IV

Private Advertisements and Miscellaneous

Notifications

TRAVANCORE DEVASWOM BOARD

FINAL NOTIFICATION

ROC. No. 24503/05/Suit.

8th October 2009.

Ref:—1. Judgement of Hon’ble High Court of Kerala

dated 6-4-2006 in W.P. (C) 706/2005.

2. Audit report submitted by Finance and

Accounts Officer, Travancore Devaswom

Board.

3. Enquiry report of Deputy Devaswom

Commissioner (Inspection) dated 14-5-2008.

4. Proceedings of Travancore Devaswom

Board ROC 633/07/Est. I/Land dated

28-6-2008.

5. Preliminary Notification dated 22-12-2008

published in the Kerala Gazette dated

17-2-2009.

6. Opinion of Law Officer, Travancore

Devaswom Board dated 17-7-2009.

By Judgement cited 1st the Hon’ble High Court of Kerala

directed the Devaswom Commissioner, Travancore

Devaswom Board to conduct a detailed audit of accounts of

Ambattukavu Bhagavathy Temple, Aluva (hereinafter referred

to as the temple). On receipt of the above Judgement

Devaswom Commissioner appointed Finance and Accounts

Officer of Travancore Dewaswom Board to conduct the

audit and submit his report.

The team of auditors under Finance and Accounts

Officer verified the accounts of the Temple from 18-9-2006

24-9-2006. Finance and Accounts Officer reported under

reference 2nd cited, instance of serious financial

indiscipline, mismanagement and the like in temple.

Considering the above report and the Judgement,

Travancore Devaswom Board directed the Deputy

Devaswom Commissioner (Inspection) to conduct an

enquiry as per the provisions contained in section 36 of

Travancore Cochin Hindu Religious Institutions Act

(hereinafter referred as Act) Deputy Devaswom

Commissioner submitted his enquiry report under Ref. (3)

cited. He conducted the enquiry by summoning and

recording the statements of the parties connected with

the administration of the temple.

On the basis of the report of Deputy Devaswom

Commissioner (Inspection), Travancore Devaswom Board

has authorised Devaswom Commissioner, Travancore

Devaswom Board to proceed with the provisions of section

37 of the Act and to issue necessary orders to assume the

management of temple.

Before acting upon the order of the Board, I felt that it

is expedient for the opinion. Statutory notices under

38 & 39 of Act were issued to all the parties concerned,

calling upon to appear for personel hearing on 9-9-2008.

The parties were present and they were heard. They filed

written

statements through their Advocate Shri Hari Rao,

Advocate, High Court of Kerala. At the time of hearing

some of the parties have raised objections as to the legality

of the procedure adopted by this office. The Ambattukavu

Kshethra Samithy who are the trustees, argued that the copies

of enquiry reports were not served on them. It was also

argued that the procedure leading to the order read 4 above is

totally against the provisions envisaged under section 36 of

the Act and the process is vitiated owing to the irregularity in

the procedure. I find that these arguments have no merit,

whatsoever, since the audit and enquiry were conducted

properly as per the provisions of Section 37 of the TCHRI

Act, The enquiry and audit were conducted under the said

provisions by issuing proper notice to the parties, summoned

them and duly recorded their statements and considered the

same. In short, all the persons concerned were given sufficient

and reasonable opportunity of being heard.

The audit report and enquiry report reveal serious

irregularities and misappropriation of funds and

mismanagement of the temple. In these circumstances I have

decided to proceed with the provisions under Section 37 (e)

of the Act for assumption of the management of temple.

A preliminary notification was published in the Kerala

Gazette under ref. (5) cited, calling upon the objections, if

any, on the decision to takeover the temple. I have considered

all the objection raised and heard the parties. At the time of

hearing the same objections were raised once again without

adducing any fresh evidence in support. As the objections

were already considered by me at the final hearing. ie., it is

true that the ownership of the temple is still vested with

Karinganampally Swaroopam. The present committee is only

as trustee acting on the basis of a trust deed. Karinganampally

Swaroopam, in their objections, pointed out that some of the

landed properties of the temple is still the property of

Karinganampally Swaroopam and that the entire land cannot

be taken possession alongwith the temple. It is also pointed

out by the parties that the intention to takeover the landed

properties alongwith the temple is violative of provisions of

the Act.

I have seriously considered the objections and gone

through the argument more appropriate and tenable. The

opinion of Law Officer, Travancore Devaswom Board has

also been obtained. According to him the temple property

and the property of Swaroopam are not distinctive and

hence the assumption of land alongwith the Temple is not

possible at this stage.

Considering all the facts and circumstances explained

above, I, P. V. Nalinakshan Nair, Devaswom Commissioner,

Travancore Devaswom Board appoint Administrative

Officer, Aluva, Travancore Devaswom Board as the

u/s 42 (1) of the Travancore Cochin Hindu Religious

Institution Act 1950. The appointment will be for a period of

3 years. It is also ordered that the present committee

functioning by virtue of the Trust Deed No. 205/93 of Sub

Registrar’s Office, Aluva dated 11-8-1993 stands dissolved

and removed under Section 41 of the Act. The Deputy

Devaswom Commissioner, Vaikom is directed to constitute

a new Temple Advisory Committee in the temple. The above

order will take effect on the date of this notification. The

Administrative Officer, Aluva is directed to take charge of

temple within 15 days until the final notification is published.

Other necessary orders will be passed as and when

circumstances arise.

P. V. NALINAKSHAN NAIR,

Devaswom Commissioner.

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