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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V. JAYAKUMAR, JJ.
Mr. M.C. Kunhunni Raja, S/o. M.C. Kunjikavu Thampuratty – Petitioner
Versus
The Commissioner, Malabar Devaswom Board Malabar Devaswom Board, Kozhikode – Respondent
WP(C) No. 13541 of 2013, WP(C) No. 13495 of 2022, DBP No. 89 of 2017, WP(C) No. 12598 of 2020, WP(C) No. 23487 of 2021, WP(C) No. 26462 of 2021.
Decided On : 26-05-2026
| Table of Content |
|---|
| 1. consolidation of petitions regarding hereditary trusteeship, temple management, and employee appointment disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 37 , 38 , 42 , 43 , 44 , 45 , 46 , 47) |
| 2. competing claims between hereditary trustee prerogatives and statutory oversight by the devaswom board. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 39 , 40 , 41 , 48 , 49 , 50) |
| 3. indefinite executive officer appointments by the board infringe upon hereditary management rights. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 4. need for a modernized administration scheme to curb corruption in hereditary-led temple management. (Para 65 , 66 , 67 , 68 , 69) |
| 5. trustees' appointment powers are limited by sanctioned schedules of establishment and oversight rules. (Para 70 , 71 , 72 , 73 , 74 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100) |
| 6. final order directing reinstatement of hereditary rights and appointment processes following new scheme development. (Para 101) |
JUDGMENT :
K.V. Jayakumar, J.
W.P.(C) Nos. 13541 of 2013, 12598 of 2020, 23487 of 2021, 26462 of 2021, 13495 of 2022 & DBP No.89 of 2017
All these writ petitions and DBP have been filed with respect to the administration of Sree Thirumandhamkunnu Bhagavathy Temple, Angadippuram, Malappuram (‘the temple’ for brevity). The said temple is a Hindu religious institution within the purview of theMadras Hindu Religious and Charitable Endowments Act, 1951 (‘the Act’ for brevity).
2. W.P.(C) No.13541/2013 was preferred by Sri.M.C. Kunhunni Raja, the hereditary Trustee of the temple and one Sri.A.C. Venugopal Raja, challenging the appointment of an Executive Officer by the Malabar Devaswom Board. Subsequently, the writ petition was amended as per the order in I.A. No.12612/2017.
3. The other writ petitions were filed by the employees of the temple. DBP No.89/2017 was registered suo motu on the basis of a complaint filed by some devotees alleging corruption and maladministration in the temple.
4. Since all the matters are connected with the administration of the temple, the appointment of the Executive Officer and the appointment of employees of the said temple, all these matters are taken together and disposed of by a common judgment. W.P.(C) No.13541/2013 is taken as the leading case, and the parties and the exhibits are hereinafter referred to as shown in the said writ petition, unless otherwise specifically stated.
Brief facts and counter
W.P.(C) No.13541/2013
5. The administration of the temple is governed by Ext.P1 Scheme framed on 4" May, 1966 in O.A. No.15/1965. As per Ext.P1 Scheme, the administration of the affairs of the temple shall vest in the family of the hereditary trustee, who is the senior most male member of the ‘Valluvanadu Swaroopam’ comprising of four families, namely; the Aiyranazhi Kovilakam, the Mankada Kovilakam, the Kadanamanna Kovilakam and the Aripra Kovilakam. The senior most male member assumes hereditary title of the ‘Valluvanattukara Vallabha Valiya Raja’ or ‘Valluvakonathiri’.
6. The Valiya Raja is the hereditary trustee as per Ext.P1 Scheme. The 1st petitioner Sri. M.C. Kunhunni Raja is the ‘Valluvanattukara Vallabha Valiya Raja’ and thus the hereditary trustee of the temple.
7. It is stated in the writ petition that the first petitioner is presently residing in Bangalore, and therefore, the second petitioner, Sri.A.C. Venugopal Raja is managing the affairs of the temple as Power-of-attorney holder of the 1st petitioner.
8. Sri. Bhanunni Raja, the predecessor-in-title of the 1st petitioner, died on 13.05.2013, and thus, the 1st petitioner became the hereditary trustee of the temple. The first petitioner executed Ext.P2 Power-of-attorney in favour of the 2 petitioner Sri. Venugopal Raja. The factum of execution of Power-of-attorney was communicated t
Administrative powers of a religious institution trustee are subject to statutory supervision. Boards cannot appoint executive officers indefinitely, nor can trustees create non-sanctioned posts. App....
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 Commissioner lacked authority to appoint an Executive Officer for temple administration, violating established law and trustee rights under the HR & CE Act.
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.
Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
Point of Law : Commissioner does not have the power to approve or sanction a newly created post, etc., does not reflect the correct legal position and hence would stand overruled.
The main legal point established in the judgment is the statutory duty of the Commissioner to ensure the proper administration of religious endowments and the duty of the hereditary trustee to manage....
Hereditary trustee of Naduvil Madom Group of Devaswoms - 2nd respondent Commissioner cannot be found fault with in issuing Ext.P3 order appointing the 4th respondent as the Executive Officer of Sree ....
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