P.T. SREEVILASAN UNNI, (PTS UNNI) AND OTHERS Vs. MALABAR DEVASWOM BOARD REPRESENTED BY ITS COMMISSIONER, HOUSE FED COMPLEX, ERANHIPALAM, KOZHIKODE

JUDGEMENT

(1.) The petitioners seek that Exts.P2 and P3 applications, made by them before the Deputy Commissioner of Malabar Devaswom Board, under Section 57 (a) of the Madras Hindu Religious and Charitable Endwoments Act, 1951, be directed to be considered in terms of law.

(2.) The foundational assertions of the petitioners in seeking such relief is that the "Pediyatt Kavu Temple" in Kadalundi Village of Kozhikode District is a public temple, and that families from different walks of life of the said Village have certain rights here. They say that there are disputes between the families of respondents 3 and 4, namely, "Manezhi Illom" and "Kunnath Family" as to the status of the 'ooralans' of the temple and that these disputes have now lead to the aforesaid temple being not functioning in a manner as is expected. It transpires that on the basis of these allegations, the petitioners moved the Deputy Commissioner for a determination under Section 57(a) as to whether the temple in question is a religious institution under the Madras Hindu Religious and Charitable Endowments Act, 1951.

(3.) The learned Standing Counsel appearing for the Malabar Devaswom Board concedes that Exts.P2 and P3 are maintainable before the Deputy Commissioner, but he raises a suspicion as to whether the Deputy Commissioner would be in a position to declare the temple as a public temple under the provisions of the Act, since, according to him, such enquiry must be confined to ascertain only as to whether the institution is a religious institution or otherwise. He says that there is a distinction, especially going by Sections 6(15) and 6(17) of the Act and he says that directions may be issued to the Deputy Commissioner to confine himself under the provisions of 57(a) of the Act.