R RAJENDRAN UNNITHAN Vs. MAHADEVAN

JUDGEMENT

(1.) The C.M.A. is filed against the order dated 10-8-1999 in O.P. No. 103 of 1998 on the file of the District Court, Kollam. Original Petition No. 103 of 1998 was filed for leave under Section 92 of Code of Civil Procedure.

(2.) The brief facts are as follows: Sree Mahadevar Temple of the Mulavana Mahadevar Devaswom in Mulavana Cherry in Mulavana Village of Kollam Taluk is an ancient temple of repute. The temple is the principal place of worship of Hindus of the Mulavana Village and neighbouring places. The temple is a place of public worship and the Hindus are entitled to enter the said temple and worship there as of right. The Kadalayi Mana had hereditary urainma right for managing the affairs of the temple and the property belonging to it. The urainma right was being exercised by the eldest male member of the said Illom. The urainma is the trustee for managing the temple and its properties. It is further stated that since it became difficult for the Illom to manage the temple, an Udampadi dated 28-6-1985 was entered into between the Karanavan of the Illom and nine representatives of Hindus of the locality making provisions for the management of the temple and its properties. It was specifically stated that the temple and its assets constituted a Hindu Religious Endowment and Trust of public nature and that the first executant, namely, the senior-most male member of the Illom above-mentioned was the hereditary trustee and executants 2 to 10 both inclusive were persons rendering service for the Devaswom. The document made provisions which were at that time thought sufficient to manage the affairs of the Devaswom. The document stated that executants 2 to 10 will function as a Board of Trustee for the management of the Devaswom that the said Board of Trustee took over the management of the Devaswom from the first executant on the date of the document and that the Board of Trustee will manage the affairs of the Devaswom from the date of the document. There were provisions for retirement of members, etc.

(3.) The allegation made in the petition is that there is no Board of Trustee now functioning as contemplated in the Trust Deed. The defendants have no right to continue as members of the Board of Trustees. Their continuance is in violation of Clauses 1 to 5 of the Trust Deed. There is gross mismanagement and misappropriation of Devaswom funds. The Devaswom accounts have not been properly maintained. They are not being maintained as contemplated in the Trust Deed. Accounts are not passed after 1994. Accounts for the periods 1994-95,1995-96,1996-97 and 1997-98 have not been audited. The third defendant was removed from the office of the President. The fourth defendant is still continuing as the Secretary. The Bhandaram collections of the Devaswom are being taken away by the fifth defendant. They are not being properly accounted. Substantial amounts are received by way of Money Orders, Demand Drafts and Cheques from devotees. They are not being correctly entered in records. Hence the petition was filed for leave under Section 92 of the C.P.C.