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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
Vibin, S/o. Surya Narayanan – Appellant
Versus
Malabar Devaswom Board, Represented By Secretary – Respondent
| Table of Content |
|---|
| 1. relief sought in writ petition concerning temple trusteeship. (Para 2 , 3 , 4) |
| 2. arguments presented regarding legal compliance for appointments. (Para 5 , 6 , 7) |
| 3. applicable statutory disqualifications for non-hereditary trustees discussed. (Para 8 , 9 , 10 , 11) |
| 4. court directives for fair and statutory appointments outlined. (Para 12 , 13) |
JUDGMENT :
K.V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India, claiming the following relief:
“1) To issue a writ of Mandamus or any other writ order or direction directing the Respondents 1 to 4 not to appoint Respondents 6 to 9 as Non Hereditary Trustees of Sree Pookkottukalikavu Bhagavathi Temple, in Ottappalam;
ii) To issue a writ of Mandamus or any other writ order or direction directing the Respondents 3 and 4 to finalise Exhibit P1 and P6 taking note of the objections in Exhibits P7 to P9 and to pass appropriate orders within a time frame to be fixed by this Hon'ble Court;
iii) To issue a writ of Mandamus or any other writ order or direction directing the Respondents 3 and 4 to appoint the Petitioners as Non Hereditary Trustees of the 5th Respondent temple (Sree Pookkottukalikavu
Active politicians and office bearers are disqualified from being appointed as non-hereditary trustees under the relevant statutes.
Disqualifications for temple trustees must be strictly adhered to per statutory provisions and previous court directives.
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.
Political affiliations alone do not disqualify individuals from being appointed as temple trustees unless they are proven to be active politicians.
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....
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....
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