The main legal point established in the judgment is the statutory right of a religious and charitable institution to receive annuity as per the government order under the Kerala Land Reforms Act, and the Government's duty to fulfill this obligation.

Headnote:
Temple - Land Reforms Act - H.R. & C.E. Act, 1951 - Kerala Land Reforms Act, 1963 - Section 65, Section 72, Section 72A, Section 66 - The court discussed the provisions of the Kerala Land Reforms Act, particularly Section 65, which provides for special provisions relating to charitable or educational institutions of public nature, and Section 72, which deals with the vesting of rights of religious, charitable, or educational institutions in the Government and the determination of annuity. The court emphasized the statutory right of the temple to receive annuity as per the government order and directed the Government to pay the annuity from the year 1970 onwards.
Fact of the Case:

The petitioner, the Managing Trustee of Sree Arangam Mahadeva Temple, sought a writ of mandamus to disburse the annuity granted to the temple and to quash certain orders. The temple, a religious and charitable institution, had extensive landed properties and was subject to disputes between hereditary trustees and the fit person appointed under the H.R. & C.E. Act.
Finding of the Court:

The court found that the temple was entitled to receive annuity as per the government order and directed the Government to pay the annuity from the year 1970 onwards. The court emphasized the statutory right of the temple to receive the annuity, which had been denied for over three decades.
Issues: The issues involved the entitlement of the temple to receive annuity under the Kerala Land Reforms Act, the disputes between the hereditary trustees and the fit person, and the delay in disbursing the annuity by the Government.
Ratio Decidendi: The court held that the temple had a statutory right to receive annuity as per the government order and emphasized that the Government was duty-bound to pay the annuity, which had been denied for over three decades.
Final Decision: The court directed the Government to pay continued annuity from the year 1970 onwards, with amounts due till the date of the judgment to be paid within three months from the judgment date, along with 6% interest. The Government was further directed to continue paying the annuity amount regularly as per the government order.

Judgment :-

K.S. Radhakrishnan, J.

Petitioner is the Managing Trustee of Sree Arangam Mahadeva Temple, an institution governed by the provisions of H.R. & C.E. Act, 1951. The temple is a religious and charitable institution within the meaning of Section 65 of the Kerala Land Reforms Act. 1963. Petitioner has approached this court seeking a writ of mandamus directing the respondents to disburse the annuity granted to the temple. vide G.O. (Ms) No 393/71/RD dated 17.8.1971 and also for a writ of certiorari to quash Exts.P12 and P15 orders and also for other consequential relief’s.

2. The Sree Arangam Mahadeva Temple at Tallparamba is a temple of great antiquity and held in the highest veneration. Temple had extensive landed properties. Due to mismanagement and lack of proper maintenance. It was of ruinous stage once, but revived due to efforts of the fit person appointed under the H.R. & C.E. Act and the general public. Of late there were disputes between the hereditary trustees and the fit person which were settled. Temple had large extent of properties in its possession and also outstanding in the possession of tenants.

3. The State of Kerala as part of agrarian reforms made comprehensive legislation relating to land reforms in the State of Kerala, namely the Kerala Land Reforms Act, 1963. Right, title and interest of the landlord in respect of his holdings held by the cultivating tenants stood vested in the Government free from all encumbrances as per Section 72 of the Land Reforms Act with effect from 1.1.1970. Section 72 A stipulates that every land owner and intermediary whose right, title and interest in respect of any holding have vested in the Government under Section 72 shall be entitled to compensation as provided in sub-sections (2), (3) and (4). Section 65 of the Kerala Land Reforms Act prescribes special provision relating to charitable or educational institutions of public nature which says that in respect of a holding the land owner or the intermediary is a religious, charitable or educational institution of a public nature, such institution may by application to the Land Board, choose whether the right, title and interest of the institution in respect of the holding should be vested in the Government in consideration of the payment of an annuity in perpetuity by the Government or whether it should be paid such annuity by the Government instead of purchase price in case the holding is purchased by the cultivating tenant under the provisions of the Act. Section 65 (2) states that if any question arises as to whether an institution is religious, charitable or educational institution of a public nature, the same shall be decided by the Land Board after such enquiry as it deems fit and its decision thereon shall be final.

4. The Land Board, Trivandrum as per proceedings LB (8) 7-2297/71 dated 29.7.1971 declared Sree Arangam Mahadeva Temple as a religious institution falling under Section 65 (2) of the Act read with Rule 12 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970. The Managing Trustee of the temple then preferred an application for annuity since the properties of the temple statutorily vested in the Government under section 72 of the Act. Government then passed G.O. (Ms) No 393/71/RD dated 17.8.1971, relevant portion of which reads as follows:

“Government is pleased to sanction the payment of interim annuity of Rs 72,137/- (Rupees seventy two thousand one hundred and thirty seven only) for year 1970 to Sri Arangam Temple Thadikkadavu Village, Taliparamba Taluk, Cannanors District, a religious institution of public nature, being 40% of the money value of the total annual contract rent of Rs 1,80,344/- and they hereby authorize Sri P.R. Rama Varma Raja, Managing Trustee, Sri Arangam Temple, Alakode P.O. to receive the payment. The payment will be made from the Sub Treasury, Taliparamba.”

Hereditary trustees of Ashtamachal tarwad had however claimed that annuity sanctioned by the Government should go t

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