NANDAKUMAR Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, who is a devotee of Sree Parukkanchery Bhagavathi Temple, Pallathery, Palakkad District, which is a controlled institution under the 1st respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Commissioner, Malabar Devaswom Board to conduct a site inspection at Sree Parukkanchery Bhagavathi Temple in order to find out whether there is any requirement or necessity for demolishing the temple structures for reconstructing the same; a writ of mandamus commanding the 2nd respondent to consider Ext.P2 complaint dtd. 30/12/2024 submitted by the petitioner; a writ of mandamus restraining respondents 7 to 11 from proceeding with the demolition of the temple structures to effect reconstruction; and a writ of mandamus commanding respondents 1 to 6 to ensure that public money is not collected by respondents 7 to 11 under the guise of reconstruction of the temple structures, without sanction from the 1st respondent Malabar Devaswom Board.

(2.) Going by the averments in the writ petition, Sree Parukkanchery Bhagavathi Temple is managed by a Trustee Board consisting of five hereditary trustees. The surviving hereditary trustees are arrayed as respondents 9 to 11. The 7th respondent is the Manager of the temple and the 8th respondent is the Chairperson of the Board of Trustees. In the writ petition, it is alleged that though the temple structures do not require any modifications or alterations, respondents 7 to 11 have decided to demolish and reconstruct the same, without any sanction from the 2nd respondent Commissioner, Malabar Devaswom Board or the 5th respondent Area Committee, Palakkad Division. Respondents 7 and 8 have published Ext.P1 notice in connection with Lakshadeepam scheduled on 15/12/2024, in which donations are solicited from the devotees for the renovation of temple structures. In the 'Note' in Ext.P1, it is stated that the Devaprasnam stressed the urgency of immediate renovation of the temple structures. As any delay in the renovation will lead to grave mishaps in the village, as well as to the devotees, the wholehearted support extended by the devotees is solicited. The bank account details with the mobile number are provided in Ext.P1 notice. After the publication of Ext.P1 notice, the petitioner submitted Ext.P2 complaint dtd. 30/12/2024 before the 2nd respondent Commissioner. The document marked as Ext.P3 is a few photographs of the temple structures, in order to show that it requires no renovation or reconstruction. In the writ petition, it is pointed out that any construction or reconstruction of temple structures can be made under the provisions of Madras Hindu Religious and Charitable Endowment Rules, 1951, framed under Sec. 100(2)(q), (r) and (s) of the Madras Hindu Religious and Charitable Endowments Act, 1951.

(3.) On 7/1/2025, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 to 5. Urgent notice by speed post was ordered to respondents 6 and 7, returnable within three weeks. Having considered the materials on record and also the submissions made at the Bar, this Court granted an interim order dtd. 7/1/2025, directing the respondents not to demolish or reconstruct Sree Parukkanchery Bhagavathi Temple in Palakkad District, for a period of one month. The learned Standing Counsel for Malabar Devaswom Board was directed to file a counter affidavit within three weeks.