RAJAN A.V Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) Sree Vairomkode Bhagavathi Temple (hereinafter called as 'the temple') is a famous age old temple of Malappuram District under the supervision and control of the 1st respondent Malabar Devaswom Board. The main deity in the temple is Sree Vairomkode Bhagavathi and the temple and its festivities are popularly known for unity and common brotherhood among all sections of society in the locality irrespective of caste and creed. In the above writ petitions, petitioners seek to invoke the jurisdiction of this Court to protect the interest of deity of the temple and its assets highlighting the various acts of commission and omission by employees of the Malabar Devaswom Board. Petitioners in the above writ petitions are local residents and are interested in the welfare and prosperity of the temple and also actively take part in all its activities. W.P.(C)No.22180/2014 is the leading writ petition. Parties and proceedings are hereinafter referred to as arrayed in W.P. (C).No.22180/2014 unless the context otherwise requires.

(2.) When the lead writ petition came up for admission on 24.9.2014 highlighting corruption, mismanagement, maladministration, extortion of temple funds and abuse of powers by respondents 4 to 10, this Court passed an order appointing Adv.K.B.Pradeep as Advocate Commissioner to prepare an inventory of the gold and silver ornaments and other valuables available in Sree Vairomkode Bhagavathi Devaswom and prepare a list of the assets of the said Devaswom. The Commissioner was directed to prepare an inventory and file a report before this Court within two weeks. The remuneration payable to the Advocate Commissioner was fixed at Rs. 50,000/-; one half of which should be paid by the petitioner directly to the Commissioner and the other half should be borne for the time being by the Malabar Devaswom Board subject to further orders to be passed by this Court on the question whether the Executive Officer or any other person directly concerned with the administration of the temple should be held liable for that amount.

(3.) Pursuant to the order of this Court dated 24.9.2014, the Advocate Commissioner appointed in this case visited the Sree Vairomkode Bhagavathi Temple on 11.10.2014, 16.10.2014, 21.10.2014, 22.10.2014, 3.11.2014, 8.11.2014, 10.11.2014 and on 24.11.2014 respectively. The inventory of gold, silver and other assets of the temple, both movable and immovable, have been assessed by the Commissioner and prepared separate inventories detailing the same. The Commissioner submitted the report in compliance with the order of this Court. The report of the Commissioner is practically accepted by the parties to the proceedings.