ELAYOOR SREE VISHNU KSHETHRA Vs. MALABAR DEVASWOM

JUDGEMENT

(1.) Petitioners in these writ petitions challenge decisions of the authorities under the Malabar Devaswom Board to appoint non-hereditary trustees for two temples which are among those administered in terms of a Scheme dated 2.8.1956, framed in O.A. 59/56, by the Deputy Commissioner of Hindu Religious and Endowments (Administration) Department, Coimbatore, under Section 58(6) of the Madras Hindu Religious and Charitable Endowments Act, 1951, hereinafter referred to as 'the Act'. By that Scheme, which came into force from the date of that order, the administration of the affairs of the twelve (12) temples under the Thrikkaikat Math was ordered as vesting hereditarily in the Moopil Swamiyar of Thrikkaikat Math. Different contentions on which these writ petitions are filed include the allegation that the action taken is in violation of the provisions of the Act and also bad as having been made after the code of conduct came into force as part of the Elections to the Kerala Legislative Assembly. It is also alleged that no transparent procedure is adopted.

(2.) The counter affidavit of the first respondent Commissioner, Malabar Devaswom Board states that the administration - of the Math and the temples are vested in the Madathipathi and that he created Ext. P1 document in violation of Section 29 of the Act and that transaction is null and void. According to the Commissioner, the trustee has no power to transfer the temple. It appears that it is, fundamentally, on this premise that the impugned action was proceeded with.

(3.) Hearing the learned counsel for the writ petitioners, the contesting private respondents and for the Board, we see that certain fundamental issues touching the governance of the temples over which Moopil Swamiyar of Thrikkaikat Math had authority as trustee, falls for consideration.