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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
B.Harshavardhan Shetty – Appellant
Versus
State Of Kerala, Represented By The Secretary, Revenue (Devaswom) Department – Respondent
| Table of Content |
|---|
| 1. writ petition claims violation of trustee eligibility. (Para 2) |
| 2. submission of disqualification due to political activity. (Para 3 , 4 , 5) |
| 3. court mandates verification of objections before trustee appointments. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India, claiming the following relief:
“ⅰ) To issue a writ in the nature of Mandamus or such other writ, direction or order commanding the 1st respondent to restrain from appointing the respondents 7 to 10 as members of the non-hereditary trustee board of Udayawara Sree Daivangalu Temple, Kunjathur.P.O, Manjeshswar, Kasaragod as they are ineligible pursuant to Exhibit P5;
(ii) To issue a writ in the nature of Mandamus or such other writ, direction or order directing the 3rd respondent to consider and dispose of Exhibit P4 within a time frame fixed by this Hon'ble court.”
2. The petitioner, Sri. B. Harshavardhan Shetty states that he is a devotee of Udayawara Sree Daivangalu Temple, Manjeshwar, Kasaragod. The grievance of the petitioner is that the Malabar Devaswom Board is proceeding to appoint respondents 7 to 10 as non-
Court mandates adherence to eligibility criteria under the Madras HR & CE Act for appointing non-hereditary trustees, emphasizing the prohibition of active politicians.
Non-hereditary trustees disqualified if active politicians or busy professionals; appointing authority must verify complaints and provide hearings.
Disqualifications for temple trustees must be strictly adhered to per statutory provisions and previous court directives.
Active politicians and office bearers are disqualified from being appointed as non-hereditary trustees under the relevant statutes.
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....
Political affiliations alone do not disqualify individuals from being appointed as temple trustees unless they are proven to be active politicians.
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....
Court directed expeditious temple trustee appointment within two months, mandating compliance with prior judgment on disqualifications and hearings.
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