A lease for temple property must demonstrate necessity and benefit to the deity; merely augmenting income is insufficient and procedural violations render the decision unjustifiable.

JUDGMENT :

K.V. JAYAKUMAR, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India, challenging Ext. P15 order of the 6^th respondent, the Commissioner, Malabar Devaswom Board, wherein sanction was accorded to lease out 73 Cents of land in Resurvey No. 602/3 of Pulpally Village owned by the 8^th respondent, Pulapally Devaswom, to the 10^th respondent, the Pulpally Grama Panchayath, for a period of 33 years.

2. The writ petitioners state that Sree Pulaplly Sitha Lava Kusha Temple is an ancient Temple of Malabar. The Temple property consists of the sanctum sanctorum of the main deities of the Temple, namely, Seethadevi, Lord Lava and Kusha (children of Seethadevi), Lord Sree Hanuman, Lord Shiva, Lord Ganapathi, Lord Subrahmanya, Vettaykkorumakan and Lord Dharmashastha. According to the petitioners, thousands of worshippers visit the Temple every year to pay offerings to the deities.

3. The petitioners contend that the Temple had extensive areas of landed properties. It is stated that due to mismanagement and corruption on the part of the Temple administration, including the Trustee, a large extent of the properties have been lost. At present, the Temple has 20 to 22 Acres of property in their direct possession and enjoyment.

4. The Temple and the sub-shrines are situated in Resurvey No. 605 of Pulpally Village. The properties surrounding the Temple are in Resurvey No. 602. Ext.P1 is the true copy of the Adangal Extract of Resurvey No. 602/3.

5. The petitioners state that the 6^th respondent, Commissioner, issued Ext.P2 notice dated 21.10.2022 stating that an application has been received from the Trustee of the Temple seeking permission for transferring an extent of 73 Cents of landed property belonging to the Temple situated in Resurvey No. 602/3of Pulpally Village on lease to the Grama Panchayat for the purpose of expansion of the existing bus stand. The proposed lease was for a period of 33 years and the rate of monthly rent per Cent is Rs. 600/-. If the land is leased out, it would be beneficial for the Temple and that would increase the scope of development of the Temple. However, no details of the property were shown in the said notice or any survey plan was appended.

6. The 1st petitioner submitted Ext.P3 objection dated 21.11.2022 to the 6^th respondent. In the objection, it is stated that the property in Resurvey No. 602/3 is situated contiguously with the property in which the sanctum sanctorum and the sub-shrines are situated. Moreover, there are several yielding rubber trees in that parcel of land. In the year 2018, there was an attempt to alienate a portion of the same land for constructing a new bus stand. Challenging that proposal, a suit was filed as O.S. No. 17 of 2018 before the Munsiff Court, Sulthabathery. The 9th respondent herein, Pulpally Grama Panchayath, has filed a written statement in that Original Suit contending that less than 35 Cents of property is necessary for the expansion of the bus stand. Now the attempt of the temple authorities is to alienate a larger extent of property in the name of development of the bus stand.

7. The petitioners contended that the new lease proposal wou