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Kochukunju – Appellant
Versus
Malabar Devaswom Board – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioners are the devotees of Sree Valliyoorkavu Devi, the main deity of Sree Valliyoorkavu Devi Temple in Wayanad District, which is a controlled institution under the 1st respondent Malabar Devaswom Board - Sl.No.33 in List A in Appendix I in notification No.HR 3/5691/93 dated 15.02.1994 issued by the Commissioner of erstwhile the Hindu Religious and Charitable Endowments (Administration) Department, Government of Kerala. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2, namely, Malabar Devaswom Board and its Commissioner, to take appropriate disciplinary and remedial action as envisaged under Sections 20, 39 and 45 of the Madras Hindu Religious and Charitable Endowments Act, 1951 against respondents 4 to 6, after a full-fledged enquiry, keeping away the 4th respondent hereditary trustee and the 5th respondent non-hereditary trustee from the office, re-compensating the loss sustained to Sree Valliyoorkavu Devaswom from respondents 7 and 8, the Kuthaka holders in connection with the annual temple festival-2022, who have defaulted payments, and
Trustees of religious institutions must adhere to fiduciary duties and statutory guidelines to safeguard temple funds and avoid conflicts of interest.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Devaswom Boards are trustees with a legal obligation to protect and manage the properties of the Devaswoms, and failure to do so constitutes a breach of trust.
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
The Cochin Devaswom Board must impose stringent penalties for misconduct by employees to uphold its fiduciary duties under the Travancore-Cochin Hindu Religious Institutions Act.
The court ruled that a compromise decree is binding on parties involved, and a temple advisory committee cannot re-agitate settled issues regarding ritual performance and fund collection without appr....
The court reinforced that the Temple Advisory Committee must fulfill statutory duties regarding financial account audits while confirming the limit of writ jurisdiction to prevent unlawful directives....
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.
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.
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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