Persons With Criminal Antecedents/Without Police Clearance Certificate Not To Run Stalls In Temples Managed By Travancore Devaswom Board: Kerala HC

The Kerala High Court on Monday established that individuals with criminal antecedents or those without a Police Clearance Certificate are not allowed to run or be employed in stalls in the premises of temples managed by the Travancore Devaswom Board. 

A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed so while dismissing a petition filed by a bidder whose power of attorney holder had criminal antecedents.

"No person with criminal antecedents or persons who have not obtained Police Clearance Certificate shall be permitted in any stall in the premises of the temples under the management of the 1st respondent Travancore Devaswom Board."

In this judgment, the Court also laid down that absence of a formal agreement cannot lead to an inference that there is no binding contract between the petitioners and the Travancore Devaswom Board. 

The petitioner was the successful bidder in the auction conducted by the Board for the sale of pooja items and flower garlands inside Valliyamkavu Devi Temple from 01.04.2021 to 31.03.2022.

However, he failed to deposit some of the instalments required to seal the deal. 

So the Administrative Officer was directed not to permit the petitioner to sell near the Temple without remitting the balance instalments. 

Accordingly, on 14.09.2021, the Administrative Officer stopped the functioning of the stall, after preparing mazhar in the presence of witnesses. Thereafter, the staff of the petitioner attempted to manhandle the temple employees and forcefully opened the stall.

Pursuant to this incident, the Police registered a crime and a First Information Report for manhandling the temple employees and forcefully opening the stall.

The petitioner's grievance was that the Administrative Officer along with his men and in the presence of a Police Officer forcefully attempted to shut down his stall. It was averred that he ran the stall with the threat of illegal eviction.  

Accordingly, he moved the Court seeking a writ of mandamus commanding the respondents not to interfere with the functioning of the petitioner's stall in the premises of the Temple.

Standing Counsel for the Board Advocate G. Biju, Advocates D. Ajithkumar and K. Satheeshkumar Nedumangad appearing for the respondents submitted that the petitioner's power of attorney has criminal antecedents.

It was further pointed out that the staff in the stall did not produce a Police Clearance Certificate in spite of the direction from the Sub Inspector of Police. 

Responding to this, Senior Advocate Abraham Vakkanal representing the petitioners countered that the power of attorney had sworn in the reply affidavit that he is not involved in any criminal case.

He added that the Police Clearance Certificate was directed to be submitted only after the incident on 14.09.2021, and there was no such requirement earlier. It was submitted that the staff has already applied for a Police Clearance Certificate online.

The Court found that persons with criminal antecedents and those without a Police Clerance certificate were not authorized to run or be employed in the temples managed by the Board. 

Directions Issued: 

• Concerned Assistant Devaswom Commissioner and the Administrative Officer to take stern action against bidders of kuthaka items, who have not obtained a Police Clearance Certificate, or are employing persons without this Certificate in their stalls in temple premises.
• The Secretary, Travancore Devaswom Board to issue a circular, within one month requiring the Assistant Devaswom Commissioner and the Administrative Officer to take stern action against those bidders who are violating the first condition.
• Deputy Devaswom Commissioner and Assistant Devaswom Commissioner to make alternate arrangements for the sale of pooja items and flower garlands near Valliyamkavu Devi Temple till 31.04.2022, in accordance with law.

Accordingly, the petition was dismissed subject to the directions issued above. 

Case Title: Suneesh K.S. v. Travancore Devaswom Board & Ors

Citation: 2022 LiveLaw (Ker) 55

Click Here To Read/Download The Judgment