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HIGH COURT OF KERALA
MR.JUSTICE ANIL K. NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
SREE AKHORA SHIVA TEMPLE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Anil K. Narendran, J.
1. The petitioner and the additional 7th respondent are the hereditary trustees of Panthalayani Sree Akhora Shiva Temple, Koyilandi, which is a controlled institution under the 2nd respondent Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 notification dated 27.01.2024 issued by the 5th respondent Assistant Commissioner, Malabar Devaswom Board inviting applications for appointment as non-hereditary trustees in the Board of Trustees of Panthalayani Sree Akhora Shiva Temple. The petitioner has also sought for a declaration that respondents 5 and 6, namely, the Assistant Commissioner and the Area Committee of Malabar Devaswom Board, Kozhikode Division are bound to maintain an equal proportion between the number of hereditary and non- hereditary trustees in the Board of Trustees of Panthalayani Sree Akhora Shiva Temple, in order to ensure effective participation of both in the administration of the temple and also for transparency in administration; a writ of mandamus commanding the 4th respondent Deputy Commissioner to consider and pass orders
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.
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 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 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....
The appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.
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....
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