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ANIL K. NARENDRAN, HARISANKAR V. MENON
Muraleedharan. M, S/o. Late Chandran Nair. V – Appellant
Versus
Malabar Devaswom Board – Respondent
JUDGMENT :
Anil K. Narendran, J.
|
| INDEX |
| Sl. No. | Description |
| 1. | Background, pleadings and arguments. (Paras.1 to 19) |
| 2. | Provisions under the Madras Hindu Religious and Charitable Institutions Act, 1951. (Paras.20 to 43) |
| 3. | The directions contained in Ext.P7 judgment dated 29.09.2023 - Muraleedharan M. and another v. Malabar Devaswom Board and others [2023:KER:65964]. (Paras.44 to 62) |
| 4. | Whether the absence of reason in Ext.P8 order dated 25.10.2023 would vitiate the process undertaken by the 2nd respondent Commissioner pursuant to Ext.P1 notification dated 19.01.2022. (Paras.63 to 112) |
| 5. | Maintainability of a writ petition under Article 226 of the Constitution of India challenging Ext.P8 order dated 25.10.2023 of the 2nd respondent Commissioner . (Paras.113 to 122) |
| 6. | Whether the eligibility criteria prescribed in Ext.P1 notification dated 19.01.2022 issued by the 2nd respondent Commissioner inviting applications for appointment as non-hereditary trustees of Sree Vairamcode Bhagavathi Temple are at variance with the provisions under the Act of 1951. (Paras.123 to 125) |
| 7. | Collateral challenge made again |
The appointment of non-hereditary trustees must adhere to established eligibility criteria, ensuring that active politicians are disqualified, and the process must be fair and transparent.
The court emphasized that active politicians are disqualified from being appointed as non-hereditary trustees, mandating adherence to established eligibility criteria and transparent selection proces....
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
The court ruled that the Madras Hindu Religious and Charitable Endowments Act does not permit the formation of a committee to oversee the actions of a hereditary trustee.
Religious/Institution/Temple - Appointment of non-hereditary trustees - Petitioner could not make out any valid reason, or ground, to interfere with the appointment of respondents 7 to 9 as non-hered....
Trustees of religious institutions must manage affairs in accordance with trust terms and statutory mandates, ensuring proper administration and facilities for worship.
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