SUO MOTU Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The focal issues in this case relate to the use of a residential building constructed by a Trust by name, Sree Subrahmanium Religious Trust (for short, 'the Trust') registered under the provisions of the Indian Trust Act.

(2.) The history of this litigation goes back to the year 1976, when a licence agreement was entered into by the Travancore Devaswom Board with the Trust, as per which, the latter was allowed to construct a residential building at Sabarimala, in a site lying on the eastern side of the Ryons building, at their request. A copy of this licence agreement is on record as Ext.R1(c) and also as an Annexure to the report of the Special Commissioner, to which we will presently refer.

(3.) As per the narration of the events in the licence agreement, the Trust had approached the Travancore Devaswom Board with a request to allow them to construct a residential building and that request was considered and approved by the Board taking into account the various philanthropic and charitable activities being engaged in by the Trust at that time. It is also evident from the licence agreement that the permission was granted because in order to ensure effective superintendence and execution of the various works undertaken by the Trust, it was necessary that its officials and members be given a residential accommodation at Sabarimala. This licence agreement is dated 11th of March, 1976, wherein it is specifically provided as under: