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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
Balan – Appellant
Versus
Malabar Devaswom Board – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash appointment of trustees. (Para 1) |
| 2. interim stay granted on trustee appointments. (Para 2 , 3) |
| 3. counter affidavits detail legal justifications for trustee appointments. (Para 4 , 5 , 6 , 7 , 8) |
| 4. court's analysis on grounds for administrative orders. (Para 9 , 10) |
| 5. legal framework governing trusteeship in religious institutions. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. legal precedent on appointment of non-hereditary trustees. (Para 21 , 22 , 23) |
| 7. writ petition allowed; previous order set aside. (Para 24) |
JUDGMENT
Anil K. Narendran, J.
The petitioners, who are devotees of Sree Elamarankulangara Bhagavathi Temple in Koyilandy Taluk, Kozhikode District, which is a controlled institution under the 1st respondent Malabar Devaswom Board, in which the 10th respondent is the hereditary trustee, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 order dated 01.03.2025 of the 4th respondent Area Committee, Kozhikode Division, whereby respondents 6 to 9 have been appointed as non-hereditary trustees of the said temple, for a period of two years.
2. On 07.03.2025
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
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.
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.
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 is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
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....
Disqualifications for temple trustees must be strictly adhered to per statutory provisions and previous court directives.
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