M K SANOO Vs. STATE OF KERALA

JUDGEMENT

(1.) The constitutional validity of Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 replaced by Sivagiri Mutt (Emergency Provisions) Act, 1997 (Act 17 of 1997) is under challenge in all these Writ Petitions. The Sivagiri Mutt (Emergency Provisions) Ordinance, 1997 was promulgated by the Governor of Kerala in exercise of the powers conferred under Cl. (1) of Art.213 of the Constitution of India. By the Ordinance, management of Sree Narayana Dharma Sangham Trust having Headquarters at Sivagiri Mutt, Varkala and its assets and properties situate on several parts of the State of Kerala and outside was taken over by the Government and put in the management of an Administrator. Earlier by invoking the provisions of S.145 and 146 of the Code of Criminal Procedure, District Magistrate had taken possession of Sree Narayana Dharma Sangham Trust, its place of worship, administering premises and other structures which are situate in the Varkala Village of Chirayinkizh Taluk and was placed under the receivership of Deputy Collector (R.R.) and Executive Magistrate at Trivandrum who was managing the properties as Receiver.

(2.) President and Secretary respectively of Sree Narayana Dharma Sangham Trust, which was taken over by the aforementioned proceedings, filed O.P. No. 19079 of 1997 challenging the constitutional validity of the Sivagiri Mutt (Emergency Provisions) Ordinance which was replaced by Sivagiri Mutt (Emergency Provisions) Act. The action of the District Magistrate invoking the provisions under S.145 and 146 of the Code of Criminal Procedure was also challenged. They also sought for a writ of mandamus directing the Administrator to hand over possession and management of the Trust to the Board which was elected on 26th July 1994.

(3.) Sree Narayana Dharma Sangham Trust (hereinafter called the Trust) having its headquarters at Sivagiri Mutt is a public Trust established by Sree Narayana Guru. The objects and activities of the members of the Trust are governed by a Scheme prepared and approved by this Court in A.S. No. 14 of 1956 and C.M.A. No. 3 of 1955, details of which would be dealt with later in the judgment. The object of the Trust is to dissimilate and propagate teachings and principles of Sree Narayana Guru such as One Caste, One Religion and One God for Man and to do service to humanity as conceived by Sree Narayana Guru and to perpetuate the monastic order of the members to achieve the objects of the Trust. Administration of the Trust is vested on a Trust Board constituted under the scheme. The Board consists of not less than seven and not more than eleven members and all of them shall be elected by and at a special meeting of the general body. Members of the Sangham are sanyasins who are dedicated themselves to the service of the Sangham for life.