Point of Law: Hereditary trustee of Naduvil Madom Group of Devaswoms - 2nd respondent Commissioner cannot be found fault with in issuing Ext.P3 order appointing the 4th respondent as the Executive Officer of Sree Prayangod Siva Temple

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is the hereditary trustee of Naduvil Madom Group of Devaswoms, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dated 03.03.2021 of the 2nd respondent Commissioner, Malabar Devaswom Board, whereby the 4th respondent, who is the Executive Officer of Sree Chirakkal Kovilakom Devaswom under the control of the 1st respondent Malabar Devaswom Board, has been appointed as the Executive Officer of Sree Prayangod Siva Temple, which is one among the 18 temples under Naduvil Madom Group of Devaswoms (for brevity, ‘Naduvil Madom Devaswoms’), and also Ext.P5 order dated 28.05.2021 of the 4th respondent Executive Officer, whereby the petitioner was informed that immediate steps have to be taken for the implementation of Ext.P3 order.

2. On 05.08.2021, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board undertook that, only for the purpose of preservation of the subject matter of the lis, respondents 1 to 3 will not take any coercive steps in pursuance of Ext.P3 order dated 03.03.2021 of the 2nd respondent Commissioner and also the consequential order, i.e., Ext.P5 order dated 28.05.2021 issued by the 3rd respondent Executive Officer, until 13.08.2021. The undertaking given by the learned Standing Counsel on 05.08.2021, which was extended from time to time, is still in force. On 05.08.2021, the learned counsel for the petitioner sought time to file an additional affidavit to give details to show that the petitioner, namely, Naduvil Madom Devaswoms, is a ‘math’ (madam), which is covered by Ext.P1 Scheme, which fulfills the definition of 'math' in clause (10) of Section 6 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for brevity, ‘the Madras HR&CE Act’). This Court adjourned the writ petition to 11.08.2021 for consideration.

3. On 28.09.2021, when this writ petition came up for consideration, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 to 3. Urgent notice by speed post was ordered to respondents 4 to 6, returnable within four weeks.

4. Pursuant to the order of this Court dated 05.08.2021, the petitioner has filed an affidavit dated 09.08.2021 in support of I.A.No.1 of 2021, wherein it is stated that Naduvil Madom is having the characteristics of ‘math’ as enumerated in clause (10) of Section 6 of the Madras HR&CE Act and the object of the Madom is promotion of religious knowledge by imparting spiritual instructions to its disciples and followers. All the temples governed by Ext.P1 Scheme, including Sree Prayangod Siva Temple, are also coming under the Madom and Moopil Swamiyar is the spiritual head and hereditary trustee of the temples. Along with I.A.No.1 of 2021, the petitioner has placed on record Ext.P6 order dated 29.07.2021 of the 1st respondent Commissioner, whereby the 4 th respondent, who was appointed as the Executive Officer by Ext.P3 order dated 03.03.2021, was directed to take charge of Sree Prayangod Siva Temple, since the Manager of Naduvil Madom Devaswoms refused to handover the charge of the administration of the said temple to the 4th respondent.

5. The learned Standing Counsel for Malabar Devaswom Board has filed a statement dated 26.08.2021, opposing the reliefs sought for in this writ petition, producing therewith Annexure R1(a) order dated 08.06.2016 of the Assistant Commissioner, Kasaragod, whereby an Executive Officer has been appointed in Keezhthali Siva Temple, Taliparamba, which is one among the 18 temples under Naduvil Madom Devaswoms. In the statement, it is stated that the temples under Naduvil Madom Devaswoms are within the purview of the Madras HR&CE Act and hence, under the control of the 1st respondent Board. Moopil Swamiyar is the hereditary trustee of the temples, who has to administer all the temples situated from Chavakkad Taluk in Thrissur District to Taliparamba in Ka