Taliparamba Kshethra Samrakshna vs Malabar Devaswom Board … on 15 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30649 of 2009(A)


1. TALIPARAMBA KSHETHRA SAMRAKSHNA
                      ...  Petitioner

                        Vs



1. MALABAR DEVASWOM BOARD REPRESENTED
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER,

3. THE INSPECTOR, MALABAR DEVASWOM BOARD,

4. CHIRAKKAL KOVILAGAM VALIYA RAJA,

                For Petitioner  :SRI.K.SHRIHARI RAO

                For Respondent  :SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :15/07/2010

 O R D E R
                 C .N. RAMACHANDRAN NAIR, &
                        P.S. GOPINATHAN, JJ.
                 --------------------------------------------
                     W. P. C. No. 30649 of 2010
                 --------------------------------------------
                 Dated this the 15th day of July, 2010

                               JUDGMENT

Ramachandran Nair, J.

Writ Petition is filed challenging the authority of the Malabar

Devaswom Board to appoint non-hereditary trustees in the Sree

Mulengeswaram Siva Temple at Thaliparamba. Petitioner is

Thaliparamba Kshethra Samrakshana Samithi and according to them,

hereditary trustee, namely, the fourth respondent has entrusted the

management of the temple with them and Devaswom has no authority

to appoint non-hereditary trustees. Since the temple is a public temple

notified by order dated 25.10.1978 the Devaswom is free to appoint

non-hereditary trustees. According to standing counsel for the

Devaswom Board petitioner has not even furnished accounts for any

year so far. In any case, we do not think the appointment of non-

hereditary trustees will in any way affect the functioning of the temple

and petitioner can raise objection because non-hereditary trustees are

inducted only to ensure that larger body runs the temple for it’s benefit

WPC 30649/2009 2

and for the benefit of the devotees.

W.P.C. is disposed of leaving freedom to the Devaswom Board to

proceed with appointment of non-hereditary trustees but they should

consult the fourth respondent in accordance with norms for selection. If

members of the petitioner-Samithi are eligible, we are sure they should

be considered by the Devaswom for appointment.

(C.N.RAMACHANDRAN NAIR)
Judge.

(P.S. GOPINATHAN)
Judge.

kk

WPC 30649/2009    3