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2025 Supreme(Online)(Ker) 31573
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J
Petitioners (Hereditary Trustees) – Appellant
Versus
Malabar Devaswom Board – Respondent
Writ Petition under Article 226
For the Appellants/Petitioners: [Names not provided]
For the Respondents: [Names not provided]
Hereditary trustees of a temple must prove their claims to administration rights, especially if they have been inactive, and disputes are to be resolved according to the Act's provisions.
Headnote:(A) Hindu Religious and Charitable Endowments Act, 1951 - Sections 39, 41, 42, and 57(b) - Writ petition seeking management and administration of a temple by hereditary trustees - The court addresses the process for appointing non-hereditary trustees, highlighting the need for notice and adequate inquiry regarding management responsibilities - The entitlement of hereditary trustees is disputed due to their non-involvement in temple administration for decades - Petitioners must substantiate their claims of hereditary trusteeship to the competent authority. (Paras 1-21)
(B) Writ of Mandamus - Principles for issuance - The court clarifies that petitions involving temple management must be pursued through proper administrative channels, allowing for disputes over hereditary rights to be resolved in accordance with law. (Paras 1, 21)
| Table of Content |
|---|
| 1. religious institution management by hereditary trustees (Para 1 , 2 , 5) |
| 2. dispute over trustee management and evidence of fund usage (Para 3 , 6 , 10 , 12) |
| 3. legal status of trustee appointment and required procedures (Para 11 , 18 , 19) |
| 4. right to pursue complaint regarding misuse of funds (Para 20 , 21) |
Anil K. Narendran, J.
The petitioners, who are stated to be the hereditary trustees of Sree Thrikkanamukku Mahadeva Temple, Vylathoor, in Chavakkad Taluk, jointly owned by four families, viz., Kolathappally Mana, Kadalayi Mana, Payyoor Mana and Puthuvaay Mana, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to handover the management and administration of the said temple to the petitioners, who are the hereditary trustees. The petitioners have also sought for a writ of mandamus commanding respondents 1 and 2 to take immediate action for the recovery of the entire amount collected by the 5th respondent Kshethra Punarudharana Committee (Temple Renovation Committee) from general public and the devotees under the guise of renovation of Sree Thrikkanamukku Mahadeva Temple and to direct the 5th respondent Committee to produce the details of the fund collected in the name of Punarudharanam (renovation) of the temple and Sivarathri Maholsavam; a writ of mandamus commanding respondents 1 and 2 to renovate Sree Thrikkanamukku Mahadeva Temple under the leadership of the petitioners, who are the hereditary trustees.
2. On 25.03.2025, when this writ petition came up for admission, State of Kerala represented by the Special Secretary to Government, Revenue (Devaswom) Department and the Senior Deputy Director, Kerala State Audit Department, Malabar Devaswom Board Audit were suo motu impleaded as additional respondents 6 and 7. The learned Standing Counsel for Malabar Devaswom Board took notice on admission for respondents 1 to 3 and the Senior Government Pleader for additional respondents 6 and 7. Urgent notice on admission by special messenger was ordered to respondents 4 and 5, returnable by 01.04.2025. The learned Standing Counsel for Malabar Devaswom Board was directed to get specific instructions with reference to Exts.P4 and P8 notices alleged to have been published by the 5th respondent Punarudharana Committee for collecting money from devotees of Sree Thrikkanamukku Mahadeva Temple, in which the name of the said Committee is mentioned.
3. The learned Standing Counsel for Malabar Devaswom Board has filed a counter affidavit dated 31.05.2025 of the 1st respondent Commissioner, Malabar Devaswom Board. Paragraphs 3 to 15 of that counter affidavit read thus:
“3. It is submitted that, Sree Trikanamuku Mahadeva Temple is a religious institution within the purview of the Hindu Religious and Charitable Endowments Act, 1951 , and hence the provisions of the said Act, the Rules framed there under and the scheme of administration in O.A.No.11 of 1956 dated 17.05.1956 governs the temple administration. The immediate supervisory control of the temple is vested with the Area Committee of Malabar Devaswom Board, of Malappuram Division as provided in the Act.
4. It is submitted that the right of administration of the temple had been vested with the family of Hereditary Trustees. There were 3 hereditary trustees, the Senior most persons from the families namely Kolathappullymana of Kaloor, Kaladalayi Mana of Vylathur and Payyoor mana of Koonammooly. There is no provision in the Hindu Religious and Charitable Endowments Act, to prohibit the Trustees from functioning in the temple, for due discharge of the duties connected with the administration.
5. In fact, the hereditary trustees had not been habitually involved in the temple administration, for about decades now, and an Executive Officer and two non-hereditary trustees were appointed, when the temple was under the supervisory control of the Hindu Religious and Charitable Endowment (Admn) Department
