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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
C.gopinathan S/o.kuttikrishnan Nair – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioner, who is a devotee of Lord Siva of Sree Karippamanna Siva Temple, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 order dated 21.10.2024 of the 3rd respondent Commissioner, Malabar Devaswom Board in R.P.No.17 of 2024; a declaration that respondents 8 to 10 are not entitled to continue as non-hereditary trustees of Sree Karippamanna Siva Temple and has no right to manage the day to day affairs of the temple; and a writ of mandamus commanding the 3rd respondent to remove respondents 8 to 10 from acting as non-hereditary trustees of Sree Karippamanna Siva Temple.
2. On 04.03.2025, when this writ petition came up for consideration, learned counsel for the petitioner sought time to address the arguments, taking note of the law laid down by this Court in Muraleedharan M. and another v. Malabar Devaswom Board and others [2024 (6) KHC SN 20]
3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent and also the learned Standing Counsel for Malabar Devaswom
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.
Active politicians and office bearers are disqualified from being appointed as non-hereditary trustees under the relevant statutes.
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.
Political affiliations alone do not disqualify individuals from being appointed as temple trustees unless they are proven to be active politicians.
Disqualifications for temple trustees must be strictly adhered to per statutory provisions and previous court directives.
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