DBP NO. 46 OF 2019 1 2025:KER:24532 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S. WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 DBP NO. 46 OF 2019 IN THE MATTER OF TDB REPORT NO.44 OF 2019 IN COMPLAINT NO.65/18 – RENOVATION WORK OF TEMPLE POND AND INCREASE IN THE RATE OF VAZHIPADU IN VARKALA SREE JANARDANA SWAMY TEMPLE – SUO MOTU PROCEEDINGS INITIATED – REG. PETITIONER: K.VIVEKANANDAN, AGED 45 YEARS, S/O KUNJAN PILLAI, NJARAKKUZHIVEETIL VARKALA. RESPONDENTS: 1 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2 THE SECRETARY, TEMPLE ADVISORY COMMITTEE, VARKALA SREE JANARDANA SWAMY TEMPLE VARKALA. 3 THE ASSISTANT ENGINEER, TRAVANCORE DEVASWOM BOARD VARKALA. 4 THE EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. *5 THE DIRECTOR, DIRECTORATE OF TOURISM OPP. MUSEUM, PALAYAM, THIRUVANANTHAPURAM – 695034. * SUO MOTU IMPLEADED AS ADDL. R5 AS PER ORDER DATED DBP NO. 46 OF 2019 2 2025:KER:24532 22/08/2019. *6 REGIONAL -IN CHARGE, HINDUSTAN PREFAB LTD, TC 27/3126, SUNNY LANE, NEAR JUBILEE HOSPITAL, PALAYAM, THIRUVANANTHAPURAM. * SUO MOTU IMPLEADED AS ADDL. R6 AS PER ORDER DATED 22/08/2019. R6 BY ADV.SMT.MOLLY JACOB SRI. P. RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN SRI. G. BIJU, SC, TDB OTHER PRESENT: SRI. S. RAJMOHAN, SR. GP THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP NO. 46 OF 2019 3 2025:KER:24532 O R D E R Anil K. Narendran, J. This DBP is registered based on TDB Report No.44 of 2019 of the learned Ombudsman in Complaint No.65 of 2018, which is one made by the petitioner-complainant, a devotee of Varkala Sree Janardhana Sway Temple, in which it was alleged that the renovation work of the temple pond did not reach any fruitful end. It was also alleged that the Vazhipadu rate has been increased by the Devaswom. For conducting ‘Thilahomam’, the rate is increased to Rs.50/- from Rs.30/-. Likewise, for all other Vazhipadus, the rates are increased. The copy of the complaint is marked as Annexure O1 in the report submitted by the learned Ombudsman. 2. On receipt of the notice, the 1st respondent Commissioner, Travancore Devaswom Board, submitted Annexure O2 reply dated 26.05.2018, which was followed by Annexure O3 statement and Annexure O4 report by the Assistant Engineer concerned. While so, the Tourism Department commenced the construction work on 09.07.2018. Thereafter, the Devaswom Commissioner filed Annexure O5 report. 3. On 13.08.2019, when this DBP came up for consideration, the learned Government Pleader and also the DBP NO. 46 OF 2019 4 2025:KER:24532 learned Standing Counsel for Travancore Devaswom Board were directed to get instructions. On 22.08.2019, this Court passed a detailed order, which reads thus: “Heard the learned Government Pleader and the learned Standing Counsel. On considering the issues involved in the DBP registered based on TDB Report No.44 of 2019 in Complaint No.65 of 2018 and hearing the submissions of the learned Government Pleader, we are of the view that for a proper disposal of the DBP, it is necessary to implead the Director, Directorate of Tourism, Opp. Museum, Palayam, Thiruvananthapuram-695 034 and Regional-in Charge, Hindustan PreFab Ltd., T.C.27/3126, Sunny Lane, Near Jubilee Hospital, Palayam, Thiruvananthapuram, as additional respondents 5 and 6 in the DBP. Hence, the said authorities are suo motu impleaded as additional respondents 5 and 6 respectively. Issue notice by speed post to additional respondents 5 and 6. The additional respondent No.5 shall file a statement touching the issues involved in the DBP.” 4. On 24.06.2021, when this DBP came up for consideration, it was submitted by the learned counsel for the 6th respondent that the work in question, i.e., the construction of the retaining wall had already been completed. 5. Today, when this matter is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court two photographs in order to show that the construction of the retaining wall has DBP NO. 46 OF 2019 5 2025:KER:24532 already been completed. The learned Standing Counsel would point out the order of this Court dated 27.02.2025 in DBP No.120 of 2024 regarding the revision of Vazhipadu rates in the temples under the management of the Board. In the said order, this Court has also relied on the decision in Anoop S. v. Travancore Devaswom Board and another [2016 SCC OnLine Kerala 12005]. In such circumstances, we deem it appropriate to dispose of this DBP by recording the submission made by the learned Standing Counsel for the Board that the construction of the retaining wall of the temple pond of Varkala Sree Janardhana Swamy Temple had already been completed and taking note of the order of this Court dated 27.02.2025 in DBP No.120 of 2024 regarding revision of Vazhipadu rates in temples under the management of the Travancore Devaswom Board. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE DSV/- DBP NO. 46 OF 2019 6 2025:KER:24532 APPENDIX OF DBP 46/2019 RESPONDENTS’ ANNEXURES Annexure R5(a) TRUE COPY OF ORDER DATED 15.12.2017 Annexure R5(b) A TRUE COPY OF ORDER ISSUED BY DIRECTOR, DEPARTMENT OF TOURISM REGARDING THE IMPLEMENTATION OF THE PROJECT. Annexure R5(c) TRUE COPY OF THE ORDER DATED 24.02.2018. Annexure R5(d) TRUE COPY OF THE ORDER DATED 23.03.2019 Annexure R5(e) TRUE COPY DEVIATION STATEMENT. Annexure R5(f) TRUE COPY OF STATUS REPORT FROM THE PROJECT ENGINEER. Annexure R5(g) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 16.10.2019.