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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.
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
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....
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.
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
Trustees of religious institutions must manage affairs in accordance with trust terms and statutory mandates, ensuring proper administration and facilities for worship.
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