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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
Suo Motu – Appellant
Versus
State Of Kerala – Respondent
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
Trustees of religious institutions must manage affairs in accordance with trust terms and statutory mandates, ensuring proper administration and facilities for worship.
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 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 Commissioner must decide on renovation proposals in accordance with statutory provisions, ensuring no unauthorized demolition occurs.
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 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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