Sri.Rajeev Kumar vs. The Devaswom Commissioner

DBP/69/2023HC KeralaGSTCNR KLHC01054688202303 August 2023Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN,HONOURABLE MR.JUSTICE P.G. AJITHKUMAR15 pages
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Held

The High Court directed the Travancore Devaswom Board to conduct a detailed enquiry through its Chief Vigilance Security Officer into the auctions for 2022 and 2023, specifically investigating allegations of 'cartel formation'. The enquiry report and the Board's decision are to be submitted to the Ombudsman.

Facts

A complaint was filed alleging irregularities, purposeful delay, and corruption in the auction of Ulsavathara (temple premises for festival activities) at Sarkara Devaswom for the years 2022 and 2023. The auction amounts were significantly lower than pre-pandemic levels, leading to alleged substantial loss for the Travancore Devaswom Board, with the same bidder being successful in both years.

Key Issues

The key legal issues concerned the proper management and auctioning of Devaswom properties by the Travancore Devaswom Board, its fiduciary duties as a trustee, and allegations of irregularities and 'cartel formation' leading to financial loss.

Sections Cited

Section 15A, Section 16, Section 31 (Travancore-Cochin Hindu Religious Institutions Act, 1950); Section 49, Section 51, Section 52 (Trusts Act, 1882); Article 290A (Constitution of India)

AI-generated summary — verify with the full judgment below

DBP No.69 of 2023 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 DBP NO. 69 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG. ------------ TDB - REPORT NO. 29/2023 IN COMPLAINT NO. 59/2023 - IN THE MATTER OF AUCTIONING OF ULSAVAPARAMBU BELONGING TO SARKARA DEVASWOM IN VARKALA GROUP FOR THE YEAR 2022 - SUO MOTU PROCEEDINGS INITIATED PETITIONER/S:

SRI.RAJEEV KUMAR VAYALIL HOUSE, CHIRAYINKEEZHU P.O., KOLLAM

RESPONDENT/S:

1 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM – 695003 *2 THE JOINT DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM -695 003. 3 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM 695003 4 DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, 695003, 5 THE CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT OF POLICE- VIGI

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