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2024 Supreme(Ker) 1646

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Suo Motu - Appellant
Versus 
State Of Kerala - Respondent 
DBP No. 85 of 2024
Decided on : 04-12-2024

Advocates:
Advocate Appeared:
For the Respondent: R.RANJANIE, MAHESH V RAMAKRISHNAN, SRI. S. RAJMOHAN, SR. GP, SMT. R. RANJANIE, SC, MDB

Trustees of religious institutions must manage affairs in accordance with trust terms and statutory mandates, ensuring proper administration and facilities for worship.

Headnote:(A) Madras Hindu Religious and Charitable Endowments Act, 1951 - Sections 6, 24, 39 - Administrative oversight in temple governance - A complaint was filed about maladministration in a temple managed by a Board, leading to disruptions during rituals. The court emphasized the duty of trustees to manage affairs prudently and to ensure smooth administration. (Paras 1, 19, 20)

(B) Duty of Competent Authority - The Malabar Devaswom Board must ensure fair appointment and actions of trustees based on eligibility criteria. Records should demonstrate proper assessment of such decisions. (Paras 19, 20)

Facts of the case:
Complaints highlighted poor management of Chenankavu Bhagavathi Temple, including insufficient administrative structure and failure during significant rituals, leading to disturbances. (Paras 1, 21)

Findings of Court:
The court directed responsible parties to ensure compliant administration according to statutory mandates and improve facilities for devotees. (Paras 20, 21)

Issues: Main issues included the management and oversight of temple affairs, and the responsibilities of trustees in avoiding disruption during worship.

Ratio Decidendi: Trustees are bound to manage temple affairs per trust terms, demonstrating prudence and adherence to lawful directions, with the court mandating action for compliance. (Paras 19, 20)

Result: Court directed improvements in the temple’s administration and affirmed the need for adherence to statutory duties.

Table of Content
1. statutory provisions governing temple trustees. (Para 3 , 4 , 7 , 8 , 11 , 13 , 14 , 15)
2. duties of trustees in temple management. (Para 5)
3. trustees must act in accordance with the law. (Para 19 , 20)
4. court orders for proper administration. (Para 21)

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu, vide proceedings dated 12.08.2024, based on a complaint made by a devotee of Chenankavu Bhagavathi Temple, Korom, Payyanur, which is a controlled institution under the 2nd respondent Malabar Devaswom Board alleging poor state of affairs and maladministration in the temple. The 1st paragraph of the said proceedings dated 12.08.2024 reads thus;

“A devotee of Chenankavu Bhagavathi Temple, Korom, Payyanur in Kannur district, which is a controlled institution under the Malabar Devaswom Board, has put forwarded a complaint through ’WhatsApp’ stating the poor state of affairs and maladministration in the temple. In the complaint, it is stated that the said temple runs on a very meagre income and its affairs are managed by the temple staff, a Santhi and a Marar. The temple has been managed by the ’Illam’ of the devotee-complainant, whose father was the 1st Ooralan of the temple. He recently offered a ’Guruthi’ in the temple, which ritual costs around Rs.1 lakh, which is a very sacred and important offering to the deity, which is conducted during the midnight hours. There was lack of coordination in running the temple affairs. The ritual was administered by an elderly Tantri appointed for that purpose and was aided by his son throughout the procedure. In between the ritual serious discordance happened between the Melsanthi and Tantri, which led to verbal abuse and manhandling. The disrespectful attitude of Melsanthi has resulted in this occurrence and because of which the peaceful conduct of the ritual was disrupted. All of this was happening in the presence of the Executive Officer, who had come for overseeing the whole ceremony. The temple has been generating a very low income since past many years, and the situation would have been better if it had a smooth and prompt administration. Therefore, the Malabar Devaswom Board must supervise the temple and ensure a smooth running of its affairs.”

2. On 14.08.2024, when this DBP came up for consideration, the learned Senior Government Pleader took notice for the 1st respondent State and the learned Standing Counsel for Malabar Devaswom Board for respondents 2 and 3. Urgent notice by speed post was ordered to the additional 4th respondent Executive Officer of Chenankavu Bhagavathi Temple, returnable within two weeks.

3. By the order dated 06.09.2024, the learned Standing Counsel for Malabar Devaswom Board was directed to get the details of the Board of Trustees of Chenankavu Bhagavathi Temple. Pursuant to that order, along with a memo dated 11.09.2024, the learned Standing Counsel for the Board has placed on record a copy of the order dated 12.02.2024 of the Assistant Commissioner, Kasaragod Division, whereby 5 persons have been appointed as non-hereditary Trustees in the Board of Trustees of Sree Chenankavu Bagavathy Temple, Korom, based on decision No.31 dated 29.01.2024 of the Area Committee, Malabar Devaswom Board, Kasaragod Division.

4. By the order dated 07.10.2024, the non-hereditary Trustees were impleaded as additional respondents 5 to 9 and notice by speed post was ordered.

5. The additional 4th respondent Executive Officer has filed a counter affidavit dated 25.11.2024, wherein it is stated that Chenankavu Bhagavathi temple is an ancient temple of Malabar, which is a D-Grade temple under the supervisory control of the Malabar Devaswom Board. As per the Scheme of administration of the temple, there are 10 hereditary trustees. However, they are not actively participating in the day-to-day administration of the temple. The Board of Trustees of the temple, which consists of non-hereditary trustees appointed by the Board is managing the affairs of the temple. A

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