Sankarasubban, J.

Both these T.D.Bs. relate to the appointment of Melsanthi in the Sree Vallabha Maha Temple, Thiruvalla. Sree Vallabha Maha Temple is under the management of the Travancore Devaswom Board. Both these cases were registered on the basis of complaints sent by one Vishnu Narayan Namboodiri and Easwaran Krishnan Namboodiri. The complaint of the complaints is as follows:

2. There is no competent Melsanthi in Sree Vallabha Maha Temple, who is capable of performing "Pancharaatra School of Vaishnava Pooja" in the Temple. According to the complaints, the said pooja could be performed only a Karanma Santhi having hereditary competence and right as far as the Temple is concerned. The conduct of poojas in the Devaswom Temples are devised mainly as per the principles contained in Tantric Texts. The authority in this field could be traced to the text "Tantra Samuchayam" written by Brahmasree Chennad Manackal Narayanan Namboodirippadu in the year 1427. According to the Tantri, various poojas conducted in Sree Vallabha Maha Temple are unique and rare. The poojas are conducted according to the "Yajanavali Text" on the basis of Pancharaatra System contained in Sree Durvasa Samhita. Special type of poojas are not being conducted in other temples under the Travancore Devaswom Board and close similarity could be seen as far as the poojas in Sree Poornathrayeesa Temple, Tripunithura is concerned. The unique and salient features of the conduct of poojas in Sree Vallabha Maha Temple are available in Chapter 21 of the book "Sree Vallabha Maha Kshetra Charithram" published by Sri. P. Unnikrishnan Nair. Complainants also refer to certain extracts from the book "Thulasiharam" written by Smt. Aswathi Thirunal Gouri Lakshmi Bai.

3. According to the complainants, there are altogether five families, who were having karanma right for functining as Melsanthi in Sree Vallabha Maha Temple. Those families are (1) Ambly, (2) Annankala, (3) Karakkadu, (4) Sreevelli and (5) Nedumbrathu Cherukudal. For about more than 17 years, none from the above families has worked as Karanma Melsanthies in the above Temple. During the above period, the persons who are employees of Devaswom Board were functioning as Melsanthies in the Temple. According to the Thantri, those persons were told about the unique and salient features of the Pancharaatra system of poojas in the Temple while they were initiated before assuming charge as Melsanthi in the Temple. The complainant Vishnu Narayanan Namboodiri made a proposal for being appointed as Melsanthi. After considering his request, he was appointed as Melsanthi. Even though initially it was stated that he has karanma right, subsequently, the order was modified stating that he was appointed as a special case.

4. According to the complainant, karanma right is recognised as per the Travancore-Cochin Hindu Religious Insitutions Act and hence, those who are entitled to perform duties in the Temple as per the karanma right, should be appointed as Melsanthies.

5. The complainants have brought to our notice a judgment dated 8.8.1997 in O.P. No.2916 of 1995. There is a direction in that judgment to the Travancore Devaswom Board to consider the question of the right of karanma holders in the light of the relevant statutes and proclamations and after giving the parties affected an opportunity of being heard. The complaint is that in spite of the directions, no steps have been taken by the Travancore Devaswom Board with regard to the right of karanma holders.

6. When the matter came before us, in view of the rights claimed by the complainants and the pendency of the two complaints before this Court with regard to the availability of karanma right, we directed publication in the newspapers. In response to the notification, persons were impleaded.

7.The Travancore Devaswom Board filed a statement dated 11th July, 2000. In paragraph 2 of the above statement, it is stated as follows: " After considering the contentions urged by th