Kerala HC Directs Cochin Devaswom Board To Act Against Online Fraud | Vigilance Wing Mandated To Monitor Fake Temple Portals And Prevent Devotee Exploitation
Isabella Mariam
The High Court of Kerala Division Bench of Justice Anil K. Narendran and Justice P. V. Balakrishnan has held that the Cochin Devaswom Board must take necessary steps to ensure that devotees are not exploited through fake online platforms in the name of temples under its management. The court directed the Board to conclude the inquiry into a fraudulent Instagram account associated with Sree Poornathrayeesa Temple and enforce measures for public awareness, mandating clear disclosure of official online handles and channels at temple premises.
The petitioners, devotees of Sree Poornathrayeesa Temple, filed a writ petition under Article 226 of the Constitution seeking multiple directions primarily focused on ensuring accountability in the administration of temple affairs. The temple, governed by the Cochin Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act, 1950, conducts the annual Vrishchikoltsavam festival, during which significant donations and public interactions take place.
The petitioners raised concerns over the lack of transparency in the handling of donations, particularly those collected in connection with Vrishchikoltsavam. They sought a declaration that all amounts obtained through such donations constitute “Devaswom Funds” and demanded a comprehensive audit to be conducted by the State Audit Department or an authorized body under court supervision. Further, they questioned the functioning of Temple Advisory Committees over the past eight years and sought accountability in terms of financial transactions and compliance with statutory audit mandates.
Among the specific grievances raised, a key issue was the existence of a fraudulent Instagram account impersonating Sree Poornathrayeesa Temple. The petitioners claimed that this account was being used to mislead devotees and potentially solicit donations or services in the temple's name.
The Board initially submitted that the said Instagram account was managed by the temple’s Devaswom Officer post filing of the petition. However, records indicated that the Instagram page predated this explanation. A related screenshot (Ext.P1) and subsequent affidavits by former Temple Advisory Committee members brought forth allegations and counterclaims regarding the management and origin of the account.
The petitioners also sought other wide-ranging directions including restrictions on street vending near the temple during festivals, deployment of emergency services, compulsory videography during hundi collections, inventory of valuables, stricter regulation of festival contracts, and transparent procurement procedures.
In response, the Cochin Devaswom Board stated that Vrishchikoltsavam 2024-25 was conducted directly by the Board and that all financial matters are subject to statutory audits. The Board produced orders and audit directives in this regard. The Assistant Commissioner of the Tripunithura Group was identified as the sole signatory for Finance Committee cheques, ensuring institutional control.
The Secretary of Tripunithura Municipality confirmed in an affidavit that no permission had been granted for temporary stalls during the festival and that the municipality had sought police assistance to prevent encroachments.
Former members of the Temple Advisory Committee (respondents 11 and 12) denied wrongdoing and filed detailed affidavits defending their role and actions. However, the petitioners pointed out their continued involvement in temple subcommittees, despite expiry of their advisory tenures.
The Cochin Devaswom Board relied on its internal circulars and the statutory framework under Chapter VIII of the 1950 Act. It referred to DBP No. 5 of 2021 and the finalised bye-laws governing Temple Advisory Committees. The court reviewed prior rulings, including Ram Mohan Das, A.A. Gopalakrishnan, and Murukan K.K., restating the fiduciary obligations of Devaswom Boards and their analogous position to trustees.
The Chief Vigilance Officer of the Board was directed to investigate the fake Instagram account as per an order dated 01.10.2024, even before the writ petition was filed. During the hearings, the Board assured that proper procedures were being followed and the vigilance report would guide final action.
The court observed: “The Cochin Devaswom Board is duty bound to ensure that there is no exploitation of the devotees of the temples under its management with regard to online pooja booking, online donations, etc., through fake websites, Instagram accounts, etc.”
It further recorded: “The position of the Board in this regard is analogous to that of trustees… Any improper act of the trustees could be questioned by a worshiper.”
Referring to earlier precedents, the Bench stated: “This Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of parens patriae will also apply in the exercise of such jurisdiction.”
The court recorded the duty of the Board and vigilance mechanisms: “The Vigilance Wing of the Cochin Devaswom Board, headed by the additional 14th respondent Chief Vigilance Officer, shall have a constant vigil against exploitation of the devotees with regard to online pooja booking, online donations, etc., through fake websites, Instagram accounts, etc., in the name of the respective temples.”
On the functioning of Temple Advisory Committees, it was recorded: “Temple Advisory Committees of the temples under the management of Cochin Devaswom Board or its members shall not be permitted to collect money from the devotees through websites, Instagram accounts, etc.”
The court issued a set of specific directions as follows:
The 1st respondent Cochin Devaswom Board shall take necessary steps to ensure that there is no exploitation of devotees of temples under its management in relation to online pooja bookings and donations through fake websites, Instagram accounts, or similar digital platforms.
The 1st respondent Board shall complete the proceedings initiated pursuant to Ext.R1(e) order dated 01.10.2024, by considering the Chief Vigilance Officer’s report. This process shall include granting the 1st petitioner, additional respondents 11 and 12, and former members of the Temple Advisory Committee an opportunity to be heard. The proceedings must be concluded within three months from the receipt of a certified copy of the judgment.
Details regarding the official websites and Instagram accounts of each temple under the Board’s management must be displayed at prominent locations in the respective temple premises for the benefit of devotees.
Temple Advisory Committees or their individual members shall not be allowed to solicit or collect donations via websites, Instagram, or other online platforms in the name of the temple.
The Vigilance Wing of the Board must maintain constant surveillance to prevent online impersonation and exploitation. Persons found operating such fake accounts must be reported to the Station House Officer of the jurisdictional police station, and appropriate legal action shall be pursued.
The Cochin Devaswom Board must ensure that facilities for online pooja booking and online donations are available for all major temples under its management if not already implemented.
Advocates Representing the Parties
For the Petitioners: T. Sanjay, Sanil Kumar G., Ardhra Krishna, Sreekanth G Menon
For the Respondents: K.P. Sudheer, Dinesh R. Shenoy, Suvin R Menon, Joy Thattil Ittoop, Bijish B. Tom, Jacob Tomlin Varghese, Baby Sonia, Uthara A.S, Nevis Cassandra L Caxton Loretta, Krishna Kumar T.K., Karun Mahesh, K.S. Arun Kumar
Case Title : Devidas C & Others v. Cochin Devaswom Board & Others
Neutral Citation: 2025:KER:35608
Case Number: W.P.(C) No. 35495 of 2024
Bench: Justice Anil K. Narendran and Justice P. V. Balakrishnan
[Read/Download order]
