MALABAR DEVASWAM BOARD Vs. DISTRICT POLICE CHIEF, THRISSUR

JUDGEMENT

(1.) The above writ petition is filed by the Malabar Devaswom Board seeking police protection, to the officers of the Board including the Executive Officer appointed to the Sree Parthasarathy Temple, Guruvayur, other employees and the worshipers visiting the Temple for offering prayers, from respondents 3 to 6 and their supporters.

(2.) The dispute is essentially between a Kshethra Bharana Sangham, which was in management of the affairs of the Temple and the Devaswom Board. The Temple is one declared as a religious institution falling under Section 6(17) of the Madras Hindu Religious and Charitable Endowments Act, 1951 [for brevity, the Act of 1951], which declaration was made by Ext.P1 order of the Commissioner, Malabar Devaswom Board. The Deputy Commissioner was also directed to frame a scheme of administration providing adequate representation to the Bharana Sangham, who are represented by the party respondents herein. Till such scheme is framed, the Area Committee, Malappuram was directed to appoint a single trustee for administering the Temple. The President and Secretary of the Sree Parthasarathy Temple Bharana Sangham was also directed to handover charge of accounts, bank pass book, valuables and utensils with all records to the single trustee. Ext.P1 order was passed on 23.05.2016.

(3.) The order of the Commissioner was challenged in a writ petition, which concluded with Ext.P2 judgment. The direction to appoint a single trustee and for handing over the administration at Serial Nos.4 & 5 of Ext.P1 order was set aside. The Bharana Sangham was continued and the Deputy Commissioner was directed to frame the scheme looking at the existing bye-laws. The contesting respondents did not respond nor did they produce the Bye-laws. A scheme was framed, which was challenged in another writ petition, in which Ext.P5 judgment was passed. Ext.P5 noticed that against Ext.P2, review petitions were filed and there was a challenge before the Hon'ble Supreme Court. The Hon'ble Supreme Court noticing the review dismissed the SLP. The review petitions were also rejected reserving the right of the Sangham to challenge the scheme before the Civil Court. A civil suit was filed, against Ext.P1 order, as O.S. No.60 of 2016 before the Sub Court, Chavakkad. An application was filed to restore status quo ante. The same was rejected by Ext.P6.