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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
PARASSINIKADAVU SREE MUTHAPPAN SEVA SANGAM ((regd)) – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Anil K. Narendran, J
The petitioner, namely, Parassinikadavu Sree Muthappan Seva Sangam, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P10 order dated 08.02.2012 issued by the 3rd respondent Commissioner, Malabar Devaswom Board and Ext.P14 order dated 11.05.2015 issued by the 1st respondent State. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent Commissioner to constitute a committee in Parassinikadavu Sree Muthappan Temple, which is a controlled institution under the 2nd respondent Malabar Devaswom Board, as directed in Ext.P4 judgment dated 04.09.2008 in W.P.(C)No.15998 of 2005 and Ext.P7 judgment dated 16.07.2009 in W.P.(C)No.30999 of 2008 of this Court and also in the light of decision No.25 dated 22.10.2009 of the 2nd respondent Malabar Devaswom Board.
2. The grievance of the petitioner in the writ petition is regarding the inaction on the part of the 2nd respondent Malabar Devaswom Board and its officials in ensuring proper management of Parassinikkadavu Sree Muthappan Temple, by the 6th respondent Madayan. The order which is under challenge in this writ petition
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 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 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 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 Commissioner must decide on renovation proposals in accordance with statutory provisions, ensuring no unauthorized demolition occurs.
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 court emphasized that active politicians are disqualified from being appointed as non-hereditary trustees, mandating adherence to established eligibility criteria and transparent selection proces....
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