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Judgment
This matter has been numbered as DBP 116 of 2016
pursuant to the report, CDBR No.116 of 2016 submitted by the
Ombudsman for the Cochin Devaswom Board.
The crux of the matter projected before this Court is that
some liability was sought to be fixed upon the hereditary
Kazhakam holder by name P.Lakshmanan attached to
Pazhayannur Keezhedam Kanakkannur Siva Temple, in
connection with the alleged loss of silver portion of the
''Prabhamandalam'', which was in the custody of the ''Kazhakam''
attached to the Temple. It is stated that the ''Prabhamandalam''
was entrusted with the family of the present Kazhakam holder
decades back (by about three decades) and that the silver
portion, approximately weighed 535 grams; whereas the copper
portion weighed 1Kg. 334 Grams 700 Milligrams. Admittedly,
there was no separate weighing of ''Prabhamandalam'' and the
weight of silver portion was only a matter of assumption.
The present Kazhakam holder is a qualified Engineer
retired from the Hindustan Construction Company and neither
himself, nor his family, is interested in continuing the ''Kazhakam''
any more. The request made in this regard has been considered
and it has been ordered as per Annexure-B order dated
01.06.2015 passed by the authorities of the Devaswom Board
relieving the Kazhakam holder and an eligible monthly pension of
Rs.1000/- stands sanctioned in favour of Shri Lakshmanan, the
present Kazhakam holder. However, the authorities sought to
proceed against the Kazhakam holder alleging that an extent of
134 Grams and 300 Milligrams of Silver was missing by virtue of
the reduced weight of the ''Prabhamandalam; which hence was
sought to be compensated by the Kazhakam holder.
Pursuant to further proceedings, the Asst. Devaswom
Commissioner considered the matter and after referring to the
facts and figures, it was reported that the said liability was never
to be mulcted upon the shoulders of the Kazhakam holder for
various reasons. Besides the normal wear and tear, it was also
pointed out that the exact weight of the silver portion was never
ascertained earlier, when custody of the ''Prabhamandalam'' was
entrusted with the family of the present Kazhakam holder.
However, this was ignored by the Spl. Devaswom Commissioner
who insisted that since the weight of ''silver'' portion was
recorded in the Devaswom records as 535 Grams (though stated
as "estimated"), the requisite extent of loss had to be
compensated, which comes to Rs.16,880/- ( for loss of 400
grams and 700 milligrams).
For want of satisfaction of the said amount, ''NOC'' is not
given, which made the Kazhakam holder to submit a complaint
before the Ombudsman, pointing out that he is a person, who
has admittedly contributed about Rs.One lakh to the Temple, as
borne out from the records, under various heads, for
development of the Temple. It is further stated that, he is also
intending to contribute the amount of pension of Rs.1000/- for
the betterment of the Temple and he, under no circumstance,
could be branded as a person who has misappropriated any
portion of ''silver'' from the ''Prabhamandalam'' belonging to the
Deity. The endeavor of the Kazhakam holder is only to see that
he is not sent out as a dishonest man and hence sought for
immediate intervention.
The matter was enquired into by the Ombudsman and
after ascertaining the views of the Devaswom, as disclosed from
the proceedings and also from the Statement filed by the Spl.
Devaswom Commissioner on 08.01.2016, a report has been filed
before this Court as CDBR No.116 of 2016 in the complaint No.
279 of 2015. The crux of the report is to the effect that the
liability is not to be mulcted upon the shoulders of the Kazhakam
holder. It has also been pointed out by the Ombudsman that no
insinuation is made against the Kazhakam holder from any corner
and that even the Temple Advisory Committee has strongly
recommended not to impose any liability upon the Kazhakam
holder, because of his praise-worthy deeds and service.
The matter is pending consideration before this Court
right from December, 2016. Several postings are already over,
granting opportunity to the Devaswom to file their version, if any.
Despite granting several adjournments, no statement/affidavit has
been filed from the part of the Devaswom. It was also required to
ascertain whether any proper weighing of ''silver'' portion was
made separately, as noted by the Ombudsman, when the
''Prabhamandalam'' was entrusted in the custody of the Kazhakam
holder. In the absence of any statement/affidavit, it has to be
reasonably presumed that the facts and figures discussed by the
Ombudsman are not intended to be rebutted by the Devaswom in
any manner.
After considering the facts and circumstances, this Court
finds that the steps proposed, to impose liability upon the
Kazhakam holder is not correct or sustainable under any
circumstance. The report submitted by the Ombudsman is
accepted and put on record. The Devaswom is restrained from
proceeding with any further steps in connection with the
''Prabhamandalam'' upon the Kazhakam holder by name
Lakshmanan or any of the member of his family. NOC shall be
issued, if not already issued, at the earliest, at any rate, within
''one month'' from the date of receipt of a copy of this verdict.