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Kerala High Court
Somarajan V.K vs State Of Kerala, Represented By Its … on 23 June, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
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W.P.(C)No.40309 of 2023 2025:KER:46066
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(C) NO. 40309 OF 2023
PETITIONER:
SOMARAJAN V.K,AGED 66 YEARS,
S/O. V.K. KRISHNAN NAIR,
VAZHIMAGALATH HOUSE, ERUMELI P.O.,
KOTAYAM DISTRICT., PIN - 686509
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS
PRINCIPAL SECRETARY
REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM., PIN - 695001
2 DIRECTOR GENERAL OF POLICE
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
VIGILANCE AND ANTI-CORRUPTION, VIKAS BHAVAN,
THIRUVANANTHAPURAM., PIN - 695033
3 TRAVANCORE DEVASWOM BOARD - TDB
REPRESENTED BY ITS SECRETARY,
DEVASWOM HEADQUARTERS, NANTHANCODE,
KOWDIAR (PO)., TRIVANDRUM., PIN - 695003
4 THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
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W.P.(C)No.40309 of 2023 2025:KER:46066
DEVASWOM HEADQUARTERS, NANTHANCODE,
KOWDIAR (PO) TRIVANDRUM., PIN - 695003
5 CHIEF VIGILANCE AND SECURITY OFFICER
TRAVANCORE DEVASWOM BOARD, KOWDIAR P.O.,
THIRUVANANTHAPURAM., PIN - 695003
6 DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
PATHANAMTHITTA., PIN - 689645
7 THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM P.O.,
KOTTAYAM DISTRICT., PIN - 686513
8 ADMINISTRATIVE OFFICER,
OFFICE OF THE ADMINISTRATIVE OFFICER,
TRAVANCORE DEVASWOM BOARD, ERUMELI DEVASWOM.,
PIN - 686509
9 SRI UNNIKRISHNAN,WORKING AS ADMINISTRATIVE OFFICER,
OFFICE OF THE ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM
BOARD, ERUMELI DEVASWOM., PIN - 686509
10 SRI VISWAMBHARAN,ELAMPURAYIDATHIL, ERUMELI P.O.,
KOTTAYAM DISTRICT, PIN - 686509
*11 ADDL. R11. THE DEPUTY DIRECTOR, STATE AUDIT DEPARTMENT,
TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE,
THIRUVANANTHAPURAM - 695003
*SUO MOTU IMPLEADED AS PER ORDER DATED 01.12.2023 IN
W.P.(C))
BY ADVS.
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
SHRI.C.S.MANILAL
SHRI.B.RAJESH (KOTTAYAM)
SRI.S.NIDHEESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.40309 of 2023 2025:KER:46066
JUDGMENT
Muralee Krishna, J.
This writ petition is filed under Article 226 of the Constitution
of India by the petitioner seeking the following reliefs;
“(a)Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding
respondents 2 and 5 to conduct an enquiry in the matter
of running of mess, annadhanam, supply of medicated
water, auctioning of kuthakas, preparation of Appam and
Aravana and letting out building in Erumeli Devaswom
and to take appropriate action.
(b)Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding
respondents 2 and 5 to conduct an investigation
regarding involvement of 10th respondent in the
administration of Erumeli Devaswom, maintainance of its
accounts and to take appropriate action.
(c)Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding
respondents 1, 2 and 4 to formulate a fool proof scheme
for conducting mess, annadhanam, supply of medicated
water, auctioning of kuthakas, preparation of Appam and
Aravana and letting out building in Erumeli Devaswom
and to implement the same.
(d)Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction commanding
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W.P.(C)No.40309 of 2023 2025:KER:46066
respondents 1 to 8 not to permit any retired employees
including 10th respondent in the administration of Erumeli
Devaswom”.
2. Going by the averments in the writ petition, the petitioner
is a devotee of Lord Ayyappa and is a resident of Erumeli. He filed
the writ petition alleging large-scale corruption at Erumeli
Devaswom by the officers of Travancore Devaswom Board in
association with the 10th respondent, who is an employee retired
from the service of the board nearly two decades ago. According
to the petitioner, the 10th respondent is leading all the activities of
the board at Erumeli. It is in his presence the financial activities
of the board in Erumeli, including conducting the auction,
maintenance of accounts, writing ledgers, collecting money and
issuing receipts from the board counters were carried out. To
substantiate the said contentions, the petitioner has produced
Ext.P1 copy of the photographs of the 10th respondent controlling
the auction and collecting money. It is alleged in the writ petition
that a separate cabin has been allotted to the 10 th respondent in
the office of the 9th respondent, who is working as the
Administrative Officer of Erumeli Devaswom. It is also alleged in
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W.P.(C)No.40309 of 2023 2025:KER:46066
the writ petition that a mess intended for the employees of the
Devaswom Board and employees of the public utility service at
Erumeli has been conducted by the 9th respondent by spending his
own money and later claiming the same from the Devaswom
Board at the end of the season. Though the daily turnout of
employees is 200-300, the numbers are being magnified and
exaggerated by manipulating coupons and lists. The Annadhanam
and serving of medicated water are large-scale corruptions. The
rooms in the shopping complex of the Devaswom Board were let
out for a pittance, whereas an adjacent shopping complex is
fetching rent more than twenty times. All these aspects were
brought to the notice of respondents 2 to 8 by the petitioner, but
no action has been taken. Hence, the petitioner approached this
Court with the writ petition.
3. On 01.12.2023, when this matter came up for
consideration, this Court suo motu impleaded the additional 11 th
respondent, Deputy Director, Kerala State Audit Department,
Travancore Devaswom Board Audit. The learned Senior
Government Pleader took notice on admission for respondents 1,
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W.P.(C)No.40309 of 2023 2025:KER:46066
th
2 and the additional 11 respondent. The learned Standing
Counsel for Travancore Devaswom Board took notice on admission
for respondents 3 to 8. Urgent notice on admission by special
messenger was ordered to respondents 9 and 10, returnable by
05.12.2023. The learned Senior Government Pleader and also the
learned Standing Counsel for Travancore Devaswom Board were
directed to get instructions with specific reference to the
allegations against respondents 9 and 10 contained in paragraphs
3 to 6 of the statement of facts of the writ petition.
4. On 05.12.2023, when this writ petition was taken up for
consideration, respondents 9 and 10 entered appearance through
their respective counsel, who sought time to file counter affidavit.
The learned Standing Counsel for Travancore Devaswom Board
pointed out that the petitioner is a kuthaka holder in respect of 3
kuthaka items in Erumeli Devaswom. As per the statement made
by the petitioner before the Station House Officer, Erumeli Police
Station, he has partnership in respect of other kuthaka items in
Erumeli Devaswom, which is in violation of the tender conditions.
The learned Standing Counsel sought time to file counter affidavit
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W.P.(C)No.40309 of 2023 2025:KER:46066
rd
on behalf of the 3 respondent board. The learned Senior
Government Pleader also sought further time to get instructions
from the Deputy Director.
5. The 10th respondent filed a counter affidavit dated
11.01.2024 opposing the allegation raised against him and
producing therewith Exts.R10(a) to R10(d) documents. The 9 th
respondent and the 3rd respondent filed separate counter
affidavits dated 10.01.2024 and 12.03.2024, respectively,
opposing the prayers in the writ petition.
6. To the counter affidavits filed by respondents 3, 9 and 10,
the petitioner filed separate reply affidavits.
7. The additional 11th respondent also filed a counter affidavit
dated 18.07.2024, producing there with Exts.R11(a) to R11(c)
documents.
8. Heard the learned counsel for the petitioner, the learned
Standing Counsel for Travancore Devaswom Board and the
learned counsel for respondents 9 and 10 and also the learned
Senior Government Pleader for the additional 11 th respondent.
9. The learned counsel for the petitioner argued that the 10 th
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W.P.(C)No.40309 of 2023 2025:KER:46066
respondent, who is a retired employee of Travancore Devaswom
Board, still occupies a seat in the office of Erumeli Devaswom. All
the financial activities of the Devaswom are controlled by the 10 th
respondent, hand in glove with the present employees, especially
the 9th respondent Administrative Officer.
10. The learned Senior Government Pleader would submit
that the petitioner has raised a complaint with regard to letting
out of rooms in the shopping complex owned and maintained by
the 3rd respondent at Erumeli town near the Petta temple. The
audit wing of the Travancore Devaswom Board Audit raised a
query regarding the letting out of rooms in the shopping complex,
and it was served to the Administrative officer as evident from
Ext.R11(c) audit enquiry.
11. The learned counsel for the 9th respondent submitted that
the maintainability of the writ petition itself is disputed by the 9 th
respondent, since the petitioner will not fall under the definition of
person with interest as defined under Section 2(d) of the
Travancore – Cochin Hindu Religious Institutions Act, 1950. He is
a kuthaka holder, and the writ petition is filed suppressing the
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W.P.(C)No.40309 of 2023 2025:KER:46066
same.
12. The learned counsel for the 10 th respondent submitted
that the 10th respondent had been going to the office of Erumeli
Devaswom only to help the new employees with his experience in
managing the affairs of the Devaswom. However, after the
institution of the above writ petition, he stopped going to the
Devaswom Office. He is now visiting the temple only as a devotee.
13. The petitioner filed this writ petition projecting himself as
a devotee of Lord Ayyappa. The fact that he is a kuthaka holder is
nowhere mentioned in the writ petition. Such a pleading is
conspicuously absent in the writ petition. It is trite that the Relief
under Article 226 of the Constitution of India is a discretionary
one. It is therefore fundamental that a litigant approaching the
Court under Article 226 of the Constitution of India should come
with clean hands and disclose all material facts. Non-disclosure or
suppression of material facts would disentitle a litigant from any
relief by the Court.
14. In Prestige Lights Ltd. v. State Bank of India
[(2007) 8 SCC 449] the Apex Court held that a prerogative writ
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W.P.(C)No.40309 of 2023 2025:KER:46066
remedy is not available as a matter of course. In exercising its
extra – ordinary powers, a writ Court would need to bear in mind
the conduct of the party invoking such jurisdiction. If the applicant
does not disclose full facts or suppresses material facts or is
otherwise guilt of misleading the Court, the Court may dismiss the
action without adjudicating the matter.
15. In K.D.Sharma v. Steel Authority of India Ltd.
[(2008) 12 SCC 481] the Hon’ble Supreme Court held as under:
“34. The jurisdiction of the Supreme Court under Art.32
and of the High Court under Art.226 of the Constitution
is extraordinary, equitable and discretionary. Prerogative
writs mentioned therein are issued for doing substantial
justice. It is, therefore, of utmost necessity that the
petitioner approaching the writ court must come with
clean hands, put forward all the facts before the court
without concealing or suppressing anything and seek an
appropriate relief. If there is no candid disclosure of
relevant and material facts or the petitioner is guilty of
misleading the court, his petition may be dismissed at the
threshold without considering the merits of the claim.”
16. During the course of arguments, to a query made by this
Court based on the submissions made by the learned Standing
Counsel for Travancore Devaswom Board that the petitioner is an
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W.P.(C)No.40309 of 2023 2025:KER:46066
employee of the board, the learned counsel for the petitioner fairly
conceded that the petitioner is an employee of the board and such
a pleading is absent in the writ petition. A person who approaches
the Court seeking relief by exercising the extraordinary
jurisdiction under Article 226 Constitution of India shall approach
the Court with clean hands. The suppression of the status of the
petitioner that he is an employee of Travancore Devaswom Board
and filing the writ petition by arraying his employer as one of the
respondents is nothing but suppression of a material fact and is
an abuse of process of law.
17. Moreover, from the counter affidavits filed by the
respondents and from the submissions made at the Bar, we notice
that the allegations raised in the writ petition by the petitioner
were taken care of by the authorities concerned and now the 10 th
respondent is not visiting the Devaswom Office under the guise of
helping the employees of the Board. Similarly, as far as the letting
out of the rooms in the shopping complex of the board, the audit
department has issued Ext.R11(c) audit enquiry No.10 dated
18.01.2024.
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W.P.(C)No.40309 of 2023 2025:KER:46066
18. Having considered the submissions made at the Bar, in
the light of the judgment referred to supra, we find that the
petitioner has not made out any sufficient ground that warrants a
direction against any of the respondents as sought in the writ
petition by exercising the extraordinary jurisdiction of this Court
under Article 226 of the Constitution of India. The writ petition is
therefore liable to be dismissed.
In the result, the writ petition stands dismissed, recording the
aforesaid submission of the learned counsel for the 10 th
respondent that the 10 th respondent stopped visiting the
Devaswom office and he is now visiting the temple only as a
devotee.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MSA
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W.P.(C)No.40309 of 2023 2025:KER:46066
APPENDIX OF WP(C) 40309/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS OF 10TH
RESPONDENT CONTROLLING AUCTION,
COLLECTING MONEY
Exhibit P2 TRUE COPY OF THE NEWS ITEM IN MATHRUBHOOMI
DAILY
Exhibit P3 TRUE COPY OF THE DETAILS OF THE ROOMS AND
RENT LEVIED ON THEM ISSUED TO THE
PETITIONER UNDER RIGHT TO INFORMATION ACT
DATED NIL
Exhibit P4 TRUE COPY OF THE LETTER SENT BY THE
PETITIONER TO THE INFORMATION OFFICER
DATED 16.11.2023
Exhibit P5 TRUE COPY OF THE REPLY GIVEN TO THE
PETITIONER BY THE MAHALLA MUSLIM JAMAATH
DATED 25.11.2023
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE PUBLIC
INFORMATION OFFICER OF THE 3RD RESPONDENT
DATED 26.09.2023
Exhibit P7 TRUE COPY OF THE REPLY OF THE PUBLIC
INFORMATION OFFICER OF THE 3RD RESPONDENT
TO THE PETITIONER DATED 03.11.2023
Exhibit P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE PRESIDENT,
TRAVANCORE DEVASWOM BOARD DATED
14.11.2023
Exhibit P9 TRUE COPY OF THE COMPLAINT SUBMITTED THE
PETITIONER BEFORE THE 4THRESPONDENTDATED
14.11.2023
Exhibit P10 TRUE COPY OF THE COMPLAINT SUBMITTED THE
PETITIONER BEFORE THE 5THRESPONDENTDATED
14.11.2023
Exhibit P11 TRUE COPY OF THE COMPLAINT SUBMITTED THE
PETITIONER BEFORE THE 6TH RESPONDENT
DATED 8.11.2023
Exhibit P12 TRUE COPY OF THE COMPLAINT SUBMITTED THE
PETITIONER BEFORE THE 7THRESPONDENTDATED
8.11.2023
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W.P.(C)No.40309 of 2023 2025:KER:46066
RESPONDENT EXHIBITS
Exhibit- R10(a) True copy of the Minutes dated 02/08/2019
of Mundakayam unit formation meeting,
appointing this respondent as the
President
Exhibit- R10(b) True copy of the Minutes of meeting held
on 05/10/2023, presided by the 10th
respondent.
Exhibit- R10(c) True copy of the list of items auctioned
by 8th respondent in‘Erumeli
Devaswom KuthakaLelam1199ME'(2023)
obtained through RTI Application dated
23.12.2023
Exhibit- R10(d) True copy of the reply obtained through
RTI Application from Erumeli Grama
Panchayath, that the licence for item
stall B4/54 was allotted to one
Thousesif.P.H
PETITIONER EXHIBITS
EXHIBIT P13 True copy of the photographs showing the
usage of firewood
RESPONDENT EXHIBITS
EXHIBIT R11(c) TRUE COPY OF THE AUDIT ENQUIRY No.10 DATED
18/01/2024
EXHIBIT R11(a) TRUE COPY OF THE AUDIT ENQUIRY No.06 DATED
01/12/2023
EXHIBIT R11(b) TRUE COPY OF THE AUDIT ENQUIRY No.5 DATED
01/12/2023
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