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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
NANDAKUMAR S/o.late RADHAKRISHNAN NAIR – Appellant
Versus
MALABAR DEVASWOM BOARD – Respondent
JUDGMENT :
(Anil K. Narendran, J.)
The petitioner, who is a devotee of Sree Parukkanchery Bhagavathi Temple, Pallathery, Palakkad District, which is a controlled institution under the 1st respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Commissioner, Malabar Devaswom Board to conduct a site inspection at Sree Parukkanchery Bhagavathi Temple in order to find out whether there is any requirement or necessity for demolishing the temple structures for reconstructing the same; a writ of mandamus commanding the 2nd respondent to consider Ext.P2 complaint dated 30.12.2024 submitted by the petitioner; a writ of mandamus restraining respondents 7 to 11 from proceeding with the demolition of the temple structures to effect reconstruction; and a writ of mandamus commanding respondents 1 to 6 to ensure that public money is not collected by respondents 7 to 11 under the guise of reconstruction of the temple structures, without sanction from the 1st respondent Malabar Devaswom Board.
2. Going by the averments in the writ petition, Sree Parukkanchery Bhagavathi Temple is managed by
The Commissioner must decide on renovation proposals in accordance with statutory provisions, ensuring no unauthorized demolition occurs.
The court emphasized that hereditary trustees must have their rights respected and that renovation approvals must comply with legal provisions, allowing disputes to be resolved in appropriate proceed....
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.
Trustees of religious institutions must manage affairs in accordance with trust terms and statutory mandates, ensuring proper administration and facilities for worship.
The Travancore Devaswom Board must ensure proper maintenance of temples, and the Temple Advisory Committee is authorized to collect funds for renovations under strict compliance with statutory proced....
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
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 emphasized the need for proper audit and accountability in managing temple renovation funds, mandating the formation of a Temple Advisory Committee as per statutory requirements.
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