ANANTHA NARAYANAN Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) Sree Pookkottukalikavu Temple, Kadambur in Ottapalam Taluk is a Temple under the administrative control of Malabar Devaswom Board. The 5th respondent Executive officer is in charge of the administration of the Temple. A Board of Trustees constituted as per the orders of the Area Committee under the provisions of Sec. 41 read with Sec. 39(5) of the Madras Hindu Religions and Charitable Endowments Act, 1951 is managing the affairs of the Temple. As per Ext.P1 order dtd. 20/2/2021, respondent Nos.6 to 8 were appointed as non-hereditary trustees in the Temple. The petitioners allege that respondent Nos.6 to 8 are not disqualified to be appointed as non-hereditary trustees for the reason that they are active politicians and involved in several criminal cases. Pointing out a few specific instances for establishing such allegations, the petitioner has filed this Writ Petition invoking the extraordinary jurisdiction of this court under Article 226 of the Constitution of India seeking the following reliefs:

(2.) On 19/10/2022, when this matter came up for consideration, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 to 4. Urgent notice was ordered to respondent Nos.5 to 9. After hearing the learned counsel for the petitioner and also the learned Standing Counsel for Malabar Devaswom Board, this Court passed an interim order restraining respondent Nos.6 to 9 from dealing with the fixed deposit of Rs.60.00 lakhs in the name of the Temple in any manner until further orders.

(3.) The 3rd respondent filed a counter affidavit justifying that the appointment of respondent Nos.6 to 9 was done following the proper procedure. It is further contended that the petitioners have filed a representation, Ext.P8 only after the expiry of 18 months from the date of appointment of respondent Nos.6 to 9. The petitioners without affording a reasonable time to take a decision on Ext.P8, rushed to this Court with this Writ Petition.