HIGH COURT OF KERALA
MR. JUSTICE ANIL K. NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
K.K.RAMACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Anil K. Narendran, J.
1. The petitioner, who is a devotee of Sree Vayathur Kaliyar Temple, which is a controlled institution under the 2nd respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Commissioner, Malabar Devaswom Board to consider and pass orders on Ext.P4 representation dated 28.01.2025, pointing out the ineligibility/disqualification of respondents 7 to 9 for being appointed as non-hereditary trustees of the said temple in the process of selection pursuant to Ext.P2 notification dated 09.10.2024. The document marked as Ext.P3 is a copy of the relevant pages of audit report of the temple for the period between 1996-2017.
2. On 13.02.2025, when this writ petition came up for admission, after arguing for some time, the learned counsel for the petitioner sought adjournment.
3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent State and the learned Standing Counsel for Malabar Devaswom Board for respondents 3 to 5. Considering the nature of relief proposed to be granted, service of notice on respon
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 must adhere to established eligibility criteria, ensuring that active politicians are disqualified, and the process must be fair and transparent.
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.
Active politicians and office bearers are disqualified from being appointed as non-hereditary trustees under the relevant statutes.
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.
Non-hereditary trustees disqualified if active politicians or busy professionals; appointing authority must verify complaints and provide hearings.
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
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