NARAYAN NAMBOODIRI T P Vs. COMMISSIONER MALABAR DEVASWOM

JUDGEMENT

(1.) The petitioner herein is the President of the Managing Committee of Sree T.T.K. Devaswom, Thaliparamba in Kannur District. In the writ petition the petitioner has produced Ext.P5, an order passed by the second respondent Deputy Commissioner, Malabar Devaswom Board, suspending the Managing Committee on certain grounds pending enquiry into them.

(2.) The relevant facts as revealed from the averments in the writ petition show the following: Sree T.T.K. Devaswom is a renowned religious institution of northern Kerala which manages three major shrines which include Sree Raja Rajeswara Temple of Taliparamba, Sree Krishna Temple of Trichambaram and Sree Vydhyanatha Temple of Kanhirangad and several other minor temples. The Devaswom headquarters is situated within the premises of Sree Raja Rajeswara Temple at Talimparamba.

(3.) Ext.P1 is the scheme framed as per the provisions of the Hindu Religious and Charitable Endowments Act, 1951 (for short H.R. & C.E. Act) on the direction of the Sub Court, Payyannur in O.P.No.60/1987. The same has been approved by this Court in C.M.A.No.451/1990. Going by para 2 of the scheme, the trusteeship in the Taliparamba, Trichambaram and Kanhirangad temples and sub temples and other shrines attached thereto vests hereditary in the Karanavars for the time being of the Illoms in existence in the group of families known as 'Parinchalloor Gramam' in Kannur District. Para 3 of the scheme shows that the administration will have to be carried out by the managing committee of eight members, five members are elected by the hereditary trustees from among themselves and three members appointed by the department from the public as non hereditary trustees. The present managing committee, of which the petitioner is the President, took charge on 29.9.2011. As of now there are no non-hereditary trustees. There are 43 families having hereditary urazhma rights over the Sree T.T.K. Devaswom temples. Para 10 of the scheme shows that the managing committee shall appoint an Executive Officer or Manager to conduct the day today affairs of the temple. The functions of the Executive Officer are governed by paragraphs 12 to 14 of the scheme.