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2022 Supreme(Online)(KER) 19263
HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SREE KSHETHRAPALAKA DEVASWOM UDINUR – Appellant
Versus
UDINUR SREE KSHETHRAPALAKA KSHETHRAM NAVEEKARANA COMMITTEE – Respondent
WP(C)/20243/2013
SRI.MAHESH V RAMAKRISHNAN, SRI.ANEESH JOSEPH, SRI.M.RAMESH CHANDER SR., SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD, SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD
Court upheld the Executive Officer's authority over fund management, asserting that unauthorized committees lacked legal standing under applicable temple regulations.
Headnote:
Temple - Writ Petition - Article 226 - The court examined the unauthorized activities of committees formed in the name of the temple, interpreting the governing regulations for temple administration and account management, ultimately recognizing the legitimacy of the Executive Officer’s authority to manage fund and construction matters.
Fact of the Case:
The petitioner, a temple, challenged the unauthorized activities of certain committees managing temple affairs, including fund collection and renovation works, claiming no proper authority was granted for their actions.
Finding of the Court:
The court recognized that the newly formed committee lacked proper sanction and stressed the requirement for adherence to established procedures as detailed in the Malabar Devaswom Board's regulations, ultimately confirming authority lies with the Executive Officer.
Issues: Whether the respondents had the right to manage temple renovation and funds without proper authorization.
Ratio Decidendi: The court held that the absence of authorization for the formation and actions of the committees invalidated their activities, emphasizing the necessity for compliance with regulatory frameworks governing temple administration.
Final Decision: The writ petition was closed, acknowledging the formation of a new committee, while leaving open the legal and factual contentions.
Anil K. Narendran, J.
The petitioner is Sree Kshethrapalaka Devaswom Udinur of Kasaragod District, represented by its Executive Officer, which is a notified temple under the Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India , seeking a declaration that respondents 1 to 3 have no manner of right to conduct the renovation works of any of the buildings of the temple; to collect funds in the name of the temple; and to make expenditure or to interfere with the administration or the day-to-day affairs of the temple. The petitioner has also sought for an order directing respondents 1 to 3 to stop all activities being conducted by them in the name of the temple; an order directing respondents 1 to 3 to submit detailed statement of accounts along with all the receipts and vouchers in respect of all the activities so far done by them and to issue a further direction to conduct audit of such accounts; and a writ of mandamus commanding the 6th respondent to freeze savings bank account No.258 with Trikarpur Farmers Service Co-operative Bank Ltd., Udinur Branch, subject to further orders by this Court.
2. Going by the averments in the writ petition, the petitioner is aggrieved by the illegal and unauthorised activities of respondents 1 and 3, which are self made Committees formed in the name of the petitioner temple. No sanction from any of the authorities were obtained before the formation of the said Committees. The 3rd respondent Committee has made huge collection of fund from the devotees and public in the name of the temple festival and other activities in the temple. No details of income and expenditure were submitted by them so far, in spite of repeated requests and the surplus fund was not remitted to the temple so far. Now, a new Committee is formed for the purpose of the renovation of the temple, without any permission from the petitioner or from the Malabar Devaswom Board. Ext.P11 notice dated 13.03.2013 was issued by the petitioner to the 1st respondent Committee, by registered post, prohibiting such illegal renovation intended by the said respondent, but the said Committee refused to accept the same. The 1st respondent Committee has started collection of funds in large scale in the name of renovation. The petitioner was unable to control the activities of respondents 1 to 3. Though it was learned that the Executive Officer is appointed as the treasure of the 1st respondent Committee, the same is without his knowledge or concurrence. There is no joint account in the name of the Executive Officer, instead, a Bank account in the name of the 3rd respondent Committee is opened. Ext.P15 order dated 18.03.2013 was passed by the Commissioner, Malabar Devaswom Board, approving the plan and estimate submitted by the former Executive Officer for the renovation of the “Kazhakappura”, on certain terms and conditions. The conditions include entrustment of works through competitive tender process by giving paper advertisements, supervision and control of the Engineers under the Board, etc. According to the petitioner, if the works are to be carried out through a Committee, it should be formed as per Ext.P10 circular dated 15.06.2007 issued by the 4th respondent Commissioner and with the prior approval of the Commissioner.
3. On 19.08.2013, when this writ petition came up for admission, the learned Standing Counsel for the Board produced along with a memo the communication dated 13.08.2013 by the Commissioner addressed to the petitioner, the Executive Officer and the Chairman of the Udinur Sree Kshethrapalaka Kshethram Naveekarana Committee as well as its Secretary, wherein it is stated that the Committees in Sree Kshethrapalaka Kshethram are not functioning in terms of the circular dated 15.06.2007. Therefore, the Commissioner ordered transfer of accounts and money in the name of the Executive Officer, who is directed to take steps to reconstitute the Committee.
4. On 25
