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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ.
Manjunatha Shetty S/o Shekhappa Shetty – Petitioner
Versus
Malabar Devaswom Board – Respondent
W.P. (C) No. 34739 of 2023, W.P. (C) No. 12007 of 2024
Decided On : 25-03-2024
Devaswom - Appointment of Executive Officer - Madras Hindu Religious and Charitable Endowments Act, 1951 - Section 20, Section 66, Section 58(5), Section 45 - The court discussed the appointment of an Executive Officer for Sree Salathur Malaraya Daivasthanam under the Madras Hindu Religious and Charitable Endowments Act, 1951. It highlighted the powers and duties of the Commissioner, the appointment of salaried Executive Officer, and the power to suspend, remove, or dismiss trustees. The court emphasized the duty of the hereditary trustee to manage, protect, and safeguard the interest and properties of the Devaswom, and the duty of the Malabar Devaswom Board and its officials to exercise supervisory control to ensure the protection of the Devaswom's interests and properties.
Fact of the Case:
The case involved the appointment of an Executive Officer for Sree Salathur Malaraya Daivasthanam by the Malabar Devaswom Board. The petitioner sought to quash the order appointing the Executive Officer and to implement the same order.
Finding of the Court:
The court found that the appointment of the Executive Officer was justified under the powers and duties of the Commissioner as per the Madras Hindu Religious and Charitable Endowments Act, 1951. It also directed the implementation of the order appointing the Executive Officer for the temple festival.
Issues: The issues involved the authority of the Commissioner to appoint an Executive Officer, the duty of the hereditary trustee, and the proper administration of the religious endowments.
Ratio Decidendi: The court held that the Commissioner had the statutory duty to ensure the proper administration of the controlled institution and the protection of its interests and properties. It also emphasized the duty of the hereditary trustee and the supervisory control of the Malabar Devaswom Board and its officials.
Final Decision: The court dismissed the petition seeking to quash the order appointing the Executive Officer and directed the implementation of the same order for the temple festival.
JUDGMENT :
ANIL K. NARENDRAN, J.
1. The issue raised in W.P. (C) No. 34739 of 2023 and W.P. (C) No. 12007 of 2024 relates to an order dated 25.09.2023 of the 2nd respondent Commissioner, Malabar Devaswom Board, whereby an Executive Officer has been appointed for Sree Salathur Malaraya Daivasthanam.
2. W.P. (C) No. 34739 of 2023: The petitioner in this writ petition, who belongs to Bakrabail family, which is one among the 18 families, having hereditary rights in the management of Sree Salathur Malaraya Daivasthanam, which is a controlled institution under the 1st respondent Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 order dated 25.09.2023 of the 2nd respondent Commissioner, Malabar Devaswom Board, whereby, an Executive Officer has been appointed for Sree Salathur Malaraya Daivasthanam.
2.1. On 20.10.2023, when this writ petition came up for admission, the learned Standing Counsel for the Malabar Devaswom Board took notice on admission for respondents 1 to 4. Urgent notice on admission by speed post was ordered to respondents 6 and 7, returnable within three weeks. The learned standing counsel for the Malabar Devaswom Board was directed to get instructions.
2.2. On 16.11.2023, when this writ petition came up for consideration, the 7th respondent entered appearance through counsel and sought time to file a counter affidavit. Despite service of notice, none appeared for the 6th respondent.
2.3. On 05.12.2023, it was submitted that Sree Salathur Malaraya Daivasthanam is a controlled institution under the Malabar Devaswom Board, which is included in Appendix I-B Schedule (non-listed) Serial No. 37 in Notification No. HR.3/5691/93 dated 15.02.1994 issued by the Commissioner of the erstwhile Hindu Religious and Charitable Endowments (Administration) Department. The learned Standing Counsel for Malabar Devaswom Board pointed out the circumstances in which the Commissioner, in exercise of his powers under Section 20 of the Madras Hindu Religious and Charitable Endowments Act, 1951, appointed an Executive Officer for the temple. The learned Standing Counsel sought time to get instructions as to whether the Executive Officer had already taken charge.
2.4. The 7th respondent has filed a counter affidavit opposing the relief sought for in the writ petition, producing therewith Exts.R7(a) to R7(d) documents.
2.5. Third parties have filed I.A. No. 1 of 2023 to implead them as additional respondents 8 to 12 in this writ petition. The writ petitioner has filed a counter affidavit dated 10.02.2024, opposing the relief sought for in the interlocutory application. Today, by a separate order, this Court allowed I.A. No. 1 of 2023 and the applicants therein are impleaded as additional respondents 8 to 12 in this writ petition.
3. W.P. (C) No. 12007 of 2024: During the pendency of W.P. (C) No. 34739 of 2023, the petitioner, who claims to be a member of one among the 18 families having hereditary rights in Sree Salathur Malaraya Daivasthanam, has filed this writ petition seeking a writ of mandamus commanding the 1st respondent Malabar Devaswom Board to implement Ext.P10 order dated 25.09.2023 [Ext.P2 order in W.P. (C) No. 34739 of 2023], by directing the Executive Officer to take charge and to manage the affairs of Sree Salathur Malaraya Daivasthanam; a writ of mandamus commanding the 1st respondent Board to appoint an alternative person in the place of D.C. Krishnavaarmaraj as Executive Officer and to take charge to maintain the affairs of Sree Salathur Malaraya Daivasthanam and a writ of mandamus commanding respondents 2 to 4 to take appropriate action on Ext.P13 representation dated 16.03.2024, within a stipulated time for the peaceful conduct of the temple festival under the vigilance of the Executive Officer appointed by the Malabar Devaswom Board.
3.1. By the order dated 22.03.2024 in I.A. No. 1 of 2024, the Executive Officer appointed in
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