NARAYANAN PANDARATHIL E K Vs. VASUDEVAN PILLAI

JUDGEMENT

(1.) CAN a trustee of a private trust transform the trust into a public charitable trust?

(2.) THE temple in question Pannivizha Peedikayil Bhagavathi Temple was one among such temples run and administered by the members of the said Edamnana Illom, also known as Edamana Madom. For the sake of convenience, it will be referred as 'Madom' or 'Illom', as the case may be. For the sake of convenience, the said temple is hereinafter referred to as 'Pannivizha Temple'. As stated above, the Illom was holding extensive properties in Kunnathur Taluk comprising of 7 Desom routes. Pannivizha was one among such Desom routes.

(3.) IT seems that complying with the Hindu rituals, the members of the Illom, who administered the temple, had no hesitation in permitting the members of the public to worship the deity at the Pannivizha Temple and to make offerings therein. It seems that the members of the public had used to attend all the festivals of the temple, and participate in all the rituals connected with it. The public has undertaken a view that slowly the temple had earned the status of a public temple in the course of time. It is the case of the public who has come up with the case that the Pannivizha Temple and its properties have acquired the status of a public religious charitable trust capable of being governed by Section 92 of the Code of Civil Procedure, 1908.