V.Murugan vs. The Travancore Devaswom Board
Held
The High Court held that the Travancore Devaswom Board, acting as a trustee for the deity, was justified in ordering a vigilance inquiry into the alleged irregularities. The Court found no grounds to interfere with the inquiry or compel payment while the investigation was ongoing, citing its inherent jurisdiction and the doctrine of *parens patriae* to protect the deity's interests. The writ petition was dismissed as not maintainable.
Facts
The petitioner, a stationery supplier to Sabarimala Devaswom, sought a writ of mandamus for the disbursement of Rs. 14,78,955/- for additional supplies made in 2017, along with interest. The Travancore Devaswom Board had withheld payment and initiated a vigilance inquiry into alleged irregularities in the supply, based on remarks from its Finance Commissioner and audit observations.
Key Issues
Whether the petitioner was entitled to payment for additional stationery supplies despite ongoing vigilance inquiry into alleged irregularities. Whether the Board's decision to order a vigilance inquiry and withhold payment was arbitrary or illegal.
Sections Cited
Article 226, Section 103 of the Kerala Land Reforms Act, 1963, Travancore-Cochin Hindu Religious Institutions Act
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945 WP(C) NO. 24765 OF 2021 PETITIONER/S:
V.MURUGAN, AGED 59 YEARS S/O.VELAYUDHAN, PROPRIETOR, SREE MURUGAN AGENCIES, TC 20/937, KARAMANA P.O., THIRUVANANTHAPURAM-695
BY ADVS. D.KISHORE R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003, REPRESENTED BY ITS SECRETARY. 2 THE DEVASOM COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003. 3 THE EXECUTIVE OFFICER, OFFICE OF THE EXECUTIVE OFFICER, SABARIMALA, PATHANAMTHITTA, PIN-689 662. 4 THE DEVASWOM FINANCE COMMISSIONER, OFFICE OF THE FINANCE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003. 5 THE SUPERINTENDENT OF POLICE (VIGILANCE & SECURITY), TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
W.P.(C)No.24765 of 2021
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