Kerala High Court
K.P.BALANARAYANA MARAR,P.K.BALASUBRAMANYAN
In re: Temples in the erstwhile Malabar area - Appellant
Versus
. - Respondent
Decided On : 07/21/1994
BALANARAYANA MARAR, J.:- Malabar, that part of the west coast between mala (hill) and bar (sea), was a neglected area while it was part of the erstwhile State of Madras. After the formation of the Kerala State, Malabar merged in that State. From thereafter the neglect continued. The temples in Malabar and their employees are no exception. Though reasonable remuneration is received by the temple employees in the erstwhile Travancore and Cochin areas of the State, the temple employees in Malabar are getting only a pittance. The plight of the employees was highlighted in a news item which appeared in the Hindu daily dt. 27-12-1991 under the caption "A raw deal for temple staff".
2. A Division Bench of this Court treated this news item as a public interest litigation and by order dt. 3-1-1992 this Court directed notice to be issued to the State of Kerala represented by the Chief Secretary and the Commissioner, Hindu Religious Endowments Commission, to show cause why the above matter should not be taken as a public interest litigation and appropriate orders passed thereon as remedial measures. The matter was directed to be numbered as a original petition.
3. The pitiable and pathetic state of affairs existing in the temples in the erstwhile Malabar area and also the poor living conditions of the employees in those temples were highlighted in the above mentioned hews item. Since the grievances voiced in the news item are incorporated in the order dt. 3-1-1992, it is only appropriate to extract that order.
4. The order reads
"the leading English Daily, "The Hindu", dated 27th December 1991, Friday, at page 3, contains a news item captioned under the heading "A raw deal for temple staff?". It is seen therefrom that there are nearly 1300 temples in the erstwhile Malabar area having 9000 employees, governed by the Hindu Religious and Endowments Act. Of the above, only 60 temples are financially viable and the rest are in a pathetic condition in as far, as daily poojas and living standards are concerned. The employees are getting as low salary of Rs. 6/- per month, whereas the Manager of a temple gets Rs. 2000/- per month. It is further seen that though this matter was highlighted, and the poor and pitiable condition of the temples and also the low salary of the employees were also brought to the notice of successive Governments, no effective action has been taken with regard to the problems of the temples of the employees. It is highlighted in the said news item that whereas the employees of the Travancore and Cochin Devaswoms enjoy regular salary, welfare fundsand pension, their counterparts in the erstwhile Malabar area, doing the same work, and placed in the same condition, are not getting a living wage and many of them are getting a low salary of Rs. 5/ per month. In the same page of the Daily, the President of the Kerala Thanthri Samajam is seen to have stated that many temples in Kerala are in a disastrous condition and in some temples even the daily poojas are not conducted. We find from the issue of the Hindu dated 31st December, 1991, page 3, that Sri T. T. Raman Bhattathiripped, President of the Travancore Devaswom Board, had also stated that in order to look after the temples in the erstwhile Malabar area on the lines of the temples under the Travancore and Cochin Devaswom Boards, a separate Board should be set up and then only it will improve the conditions of the temples and better the service conditions of the employees of the temples.
The above news item, appearing in a leading Daily, highlights the pitiable and pathetic state of affairs existing in the temples in the erstwhile Malabar area and also the poor living conditions of the employees in the said temples. The matter centres round a "human problem".
We are satisfied that public interest requires that the administration of the temples in the erstwhile Malabar area
and the living conditions of the employees of those temples require a probe and appropriate steps sho
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