SREE AKHORA SHIVA TEMPLE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner and the additional 7 th respondent are the hereditary trustees of Panthalayani Sree Akhora Shiva Temple, Koyilandi, which is a controlled institution under the 2 nd respondent Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 notification dtd. 27/1/2024 issued by the 5 th respondent Assistant Commissioner, Malabar Devaswom Board inviting applications for appointment as non-hereditary trustees in the Board of Trustees of Panthalayani Sree Akhora Shiva Temple. The petitioner has also sought for a declaration that respondents 5 and 6, namely, the Assistant Commissioner and the Area Committee of Malabar Devaswom Board, Kozhikode Division are bound to maintain an equal proportion between the number of hereditary and non- hereditary trustees in the Board of Trustees of Panthalayani Sree Akhora Shiva Temple, in order to ensure effective participation of both in the administration of the temple and also for transparency in administration; a writ of mandamus commanding the 4 th respondent Deputy Commissioner to consider and pass orders on Ext.P3 representation dtd. 1/11/2023, within a time frame to be fixed by this Court, after affording an opportunity of being heard to the petitioner.

(2.) In the writ petition, it is averred that Panthalayani Sree Akhora Shiva Temple and Sree Kaliyambath Bhagavathi Temple are under the management of the same Board of Trustees. Non-hereditary trustees were being appointed to the above temples without maintaining proportion to the number of hereditary trustees, thereby making the hereditary trustees mere spectators in administration. In this writ petition, the petitioner seeks a declaration that respondents 4 and 5 are bound to maintain proportion in the number of hereditary and non-hereditary trustees. The 5 th respondent Assistant Commissioner issued Ext.P5 notification dtd. 27/1/2024 for the appointment of non-hereditary trustees. Ext.P1 partition deed No.935/1958 shows that Panthalayani Sree Akhora Shiva Temple and Sree Kaliyambath Bhagavathi Temple were the family temples and the said document authorises the family members to maintain the temples.

(3.) On 5/2/2024, when this writ petition came up for admission, the matter was admitted on file. The learned Senior Government Pleader took notice for the 1 st respondent State and the learned Standing Counsel for Malabar Devaswom Board for respondents 2 to 6. By a detailed order dtd. 5/2/2024, this Court granted an interim stay of Ext.P5 notification dtd. 27/1/2024 issued by the 5 th respondent Assistant Commissioner, Kozhikode for a period of one month.