The appointment of non-hereditary trustees was quashed for failing to adhere to eligibility criteria, affirming that active politicians cannot be appointed as trustees under the Madras Hindu Religious and Charitable Endowments Act.

JUDGMENT

Anil K. Narendran, J. “CR”

The petitioner, who is a devotee of Sree Vairamcode Bhagavathi Devaswom, Thirunavaya, in Malappuram District, which is a controlled institution under the 1^st respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 order dated 25.10.2023 of the 2^nd respondent Commissioner, Malabar Devaswom Board, whereby respondents 5 to 8 herein have been appointed as non-hereditary trustees in the Board of Trustees of that Devaswom. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent Commissioner to appoint non-hereditary trustees in Sree Vairamcode Bhagavathi Devaswom, in terms of valid applications remaining pursuant to Ext.P1 notification dated 19.01.2022, within a time frame to be fixed by this Court; and a writ of mandamus commanding the 2^nd respondent Commissioner to issue an appropriate order constituting a selection committee for appointment of non-hereditary trustees in the temples (Devaswoms), which are controlled institutions under the Malabar Devaswom Board, including the nominee of the Commissioner, Executive Officer of the Devaswom, the Thantri, Melsanthi and hereditary trustee of the Devaswom, within a time frame to be fixed by this Court, and ensure that further selection of non- hereditary trustees are made in terms of the same.

2. The petitioner submitted Ext.P2 application before the 2^nd respondent Commissioner, pursuant to Ext.P1 notification dated 19.01.2022, for appointment as non-hereditary trustee of Sree Vairamcode Bhagavathi Devaswom. Respondents 5 and 6 have also submitted applications, i.e., Exts.P3 and P4 applications, pursuant to the said notification. Altogether 23 applications were received pursuant to Ext.P1 notification. Alleging that the 2^nd respondent is attempting to appoint active politicians and office bearers of the ruling party as non-hereditary trustees, pursuant to Ext.P1 notification, the petitioner, along with another devotee by name Velayudhan, approached this Court in W.P.(C)No.8226 of 2022. That writ petition was disposed of by Ext.P7 judgment dated 29.09.2023 - Muraleedharan M. and another v. Malabar Devaswom Board and others [2023:KER:65964] - whereby the 2^nd respondent Commissioner and the concerned Area Committee of Malabar Devaswom Board were directed to proceed with the appointment of non-hereditary trustees in Sree Vairamcode Bhagavathi Devaswom, strictly in terms of the disqualification and eligibility clauses in Ext.P1 notification dated 19.01.2022, and also the law laid down by this Court inChathu Achan K. v. State of Kerala [2022 (6) KLT 388] andAnantha Narayanan and another v. Malabar Devaswom Board and others [2023:KER: 9966 : 2023 KLT OnLine 1195 : 2023 SCC OnLine Ker. 1022]

3. In the writ petition, the grievance of the petitioner is that in total disregard to the directions issued by this Court in Muraleedharan M. [2023:KER:65964] - Ext.P7 judgment dated 29.03.2023 in W.P.(C)No.8226 of 2022 - the 2^nd respondent Commissioner issued Ext.P8 order dated 25.10.2023, whereby the 5^th respondent, who is a busy professional; respondents 6 and 8, who are active politicians; and the 7^th respondent, who is having no interest in Sree Vairamcode Bhagavathi Devaswom, have been appointed as non-hereditary trustees. The 6^th respondent was a party to W.P.(C)No.8226 of 2022. In that writ petition, it was specifically pointed out that the 6^th respondent is an active politician and office bearer of the ruling party. In support of that contention, Ext.P8 Facebook post is produced along with that writ petition [Ext.P5 in this writ petition]. The 6^th respondent is an active politician and the Local Committee Secretary of CPI(M), Chandanakkavu Branch. The document marked as Ext.P9 in this writ petition is a Facebook post of the 8^th respondent, in order to show that he is an active politician and office bearer of All India Youth Federation