SREE MARUTHI BHAGAVATHI TEMPLE Vs. DISTRICT COLLECTOR, PALAKKAD

JUDGEMENT

(1.) The petitioner, Sree Maruthi Bhagavathi Temple, represented through its hereditary trustee, has filed the above writ petition seeking the following reliefs;

(2.) It is the contention of the petitioner that the temple and its properties belonged to Rayiramkandath Tarward and are under the management of the petitioner as the hereditary trustee. The basic tax of the properties belonging to the temple were paid by the manager of the family from time to time. During 1996-97, some disputes occurred in respect of the rights of the property and the management of the temple and the basic tax could not be paid for few years. Subsequently, when the 3rd respondent refused to accept the basic tax, the petitioner preferred Ext.P5 application dtd. 20/2/2017 before the 3rd respondent requesting to accept the basic tax of the properties. Since the respondent kept idle, the petitioner preferred W.P(C) No.19987 of 2017, which was disposed of by this Court on 29/1/2018 directing the 2nd respondent to consider the request of the petitioner and pass appropriate orders within a time frame. Thereafter, the 3rd respondent rejected the request as per Ext.P7 order dtd. 12/7/2018 stating that unless an Administrative Officer is appointed for the temple by Malabar Devaswom Board, the land tax cannot be accepted from the hereditary trustee. It was also stated that the temple and its properties have been taken over by the HR and CE, Department as per the order in O.A.No.18 of 1983 dtd. 4/12/1985 (Ext.P9). O.A.No.18 of 1983 was only a proceeding in which the temple was declared as a public temple and in the order it is specifically recorded that the properties of the temple are in the name of the predecessor-in-interest of the petitioner. The petitioner is in possession of the properties as the hereditary trustee and the Devaswom Board has no right/title over the properties of the religious institution.

(3.) The 6th respondent filed a counter affidavit challenging the entitlement of the petitioner to remit the basic tax. It is con- tended that the trusteeship of the temple is vested with Kuthira- vattom Swaroopam and since they found it difficult to manage the affairs of the temple, a committee comprising of the devotees and elected from among them was constituted. The members of Rayiramkandath family, to which the petitioner belongs, is only having some customary rights in the temple. In the order passed in O.A.No.18 of 1983, it is clearly stated that the petitioner will have to establish his right as hereditary trustee by preferring appropriate proceedings, which he has not done. The day today affairs of the temple are being controlled by the Committee with the prior permission of the Malabar Devaswom Board and neither the petitioner nor any other members of his family have taken any interest in the affairs of the temple. The petitioner's name do not find a place in the Adangal extract and the petitioner is trying to establish title over the property without resorting to a civil suit.