Lakshmi v. Malabar Devaswom Board and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 23[RD] DAY OF MAY 2024 / 2ND JYAISHTA, 1946 WP(C)NO.13947 OF 2024 ``` ## **`PETITIONER:`** ``` LAKSHMI AGED 22 YEARS LAKSHMI, D/O. ANOOP, "LAKSHMISREE", MLA ROAD, KOVOOR, UMMALATHOOR, KOZHIKODE DISTRICT, PIN - 673008 ``` ``` BY ADVS. SANTHEEP ANKARATH P.ANIRUDHAN ``` ## **`RESPONDENTS:`** - **`1 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE, PIN - 673006`** - **`2 THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE, PIN - 673006`** - **`3 SENIOR DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, MALABAR DEVASWOM AUDIT OFFICE, CIVIL STATION, KOZHIKODE, PIN - 673020`** - **`4 MANOJ KUMAR. B "NIRMAL", P.O. VALLIKKUNNU NORTH, KADALUNDI NAGARAM, KOZHIKODE, PIN - 673314`** - **`5 ADDL. R5. ZAMORIN RAJA OF CALICUT, (TRUSTEE, ALATHIYUR PERUMTHRIKOVIL AND THALI MAHAKSHETHRAM), VALAYANAD, P.O. KOMMERI, CALICUT`** 2 W.P.(C)No.13947 of 2024 ``` -673007. ``` - **`6 ADDL. R6. EXECUTIVE OFFICER, ALATHIYUR PERUMTHRIKOVIL, POYILISSERI P.O., TIRUR, MALAPPURAM DISTRICT, PIN-676102.`** - **`7 ADDL. R7. EXECUTIVE OFFICER, THALI MAHAKSHETHRAM, CHALAPPURAM, KOZHIKODE DISTRICT, PIN-673002`** ``` *ADDL. R5 TO R7 IMPLEADED AS PER THE ORDER DATED 08.04.2024 IN I.A.NO.1/2024. ``` ``` BY ADVS. ``` ``` K.MOHANAKANNAN FOR R4 D.S.THUSHARA(K/76/2010) A.C.VENUGOPAL FOR R5 VIDHYA. A.C(K/332/2003) ``` ## **`OTHER PRESENT:`** ``` SRI. LAKSHMI NARAYANAN, SR. COUNSEL; ``` ``` SRI. S. RAJMOHAN, SR. GP; ``` ``` SMT. RANJANIE R, SC, MDB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.13947 of 2024 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner is a devotee of Lord Sreerama and Hanuman of Alathiyur Perumthrikovil. The said temple and Tali Mahadeva Temple are controlled institutions under the Malabar Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Commissioner, Malabar Devaswom Board to take up Ext.P3 representation dated 11.03.2024 made by the petitioner, concerning Ext.P1 audit objections dated 17.12.2020, relating to the audit of Tali Mahadeva Temple, and Ext.P2 audit report dated 22.09.2022 of Sree Alathiyur Perumthrikovil, and to conduct an enquiry against the 4[th] respondent, who is now holding the post of Executive Officer of Tali Mahadeva Temple, within a time limit to be fixed by this Court. 2. On 08.04.2024, when this writ petition came up for consideration, by the order in I.A.No.1 of 2024, the hereditary trustee and also the Executive Officers of the temples were impleaded as additional respondents 5 to 7. The learned Standing Counsel for Malabar Devaswom Board took notice on admission 4 ## W.P.(C)No.13947 of 2024 for respondents 1 and 2 and the learned Senior Government Pleader for the 3[rd] respondent. Urgent notice on admission by speed post was ordered to 4[th] respondent and also to additional respondents 5 to 7, returnable within four weeks. 3. In the writ petition, it is alleged that the 4[th] respondent while officiating as Executive Officer of two temples under the Malabar Devaswom Board committed grave and serious financial mismanagement and misappropriation. He had not submitted accounts of the two Devaswoms for audit, for years together. Finally, accounts of the temples were audited for four years together, starting from 2018 to 2021, in the year 2022. In the audit objections grave irregularities and misappropriation of funds have been noticed by the State Audit. The audit objections were also brought to the notice of the authorities under the Malabar Devaswom Board. In spite of the same, no action was being initiated against the 4[th] respondent. The petitioner submitted Ext.P3 representation dated 11.03.2024 before the 2[nd] respondent Commissioner, Malabar Devaswom Board. Feeling aggrieved by the inaction on the part of the 2[nd] respondent, the petitioner is before this Court in this writ petition seeking the aforesaid reliefs. 4. Heard the learned counsel for the petitioner, the 5 ## W.P.(C)No.13947 of 2024 learned Standing Counsel for Malabar Devaswom Board for respondents 1 and 2, the learned Senior Government Pleader for the 3[rd] respondent Senior Deputy Director, Malabar Devaswom Board Audit and the respective counsel for the 4[th] respondent and additional respondents 5 to 7. 5. In **A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fence eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 6 W.P.(C)No.13947 of 2024 6. In **Travancore Devaswom Board v. Mohanan Nair [(2013) 3 KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court has inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. 7. Alathiyur Perumthrikovil and Tali Mahadeva Temple are controlled institutions under the Malabar Devaswom Board. As held in the decisions referred to supra, it is the duty of the trustees, hereditary trustees and non-hereditary trustees to be faithful to the Devaswom and manage, protect and safeguard the interest and properties of the Devaswom, with reasonable diligence. The Malabar Devaswom Board and its officials are duty-bound to 7 ## W.P.(C)No.13947 of 2024 exercise their supervisory control in order to ensure that the interests and properties of the Devaswom are protected and safeguarded by its trustees and the employees of the Devaswom. Any act of ‘fence eating the crops’ has to be dealt with sternly. 8. Having considered the submissions made at the Bar, we deem it appropriate to dispose of this writ petition, without going into the merits of the rival contentions, by directing the 2[nd] respondent Commissioner, Malabar Devaswom Board to consider and pass appropriate orders on Ext.P3 representation dated 11.03.2024 made by the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, with notice to the petitioner, the 4[th] respondent and also additional respondents 5 to 7. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **HARISANKAR V. MENON, JUDGE** MIN 8 W.P.(C)No.13947 of 2024 ## **`APPENDIX OF WP(C) 13947/2024`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P 1 TRUE COPY OF OBJECTION DATED 17.12.2020 CONCERNING THE AUDIT OF THALI MAHASKSHETHRAM. EXHIBIT P 2 TRUE COPY OF THE AUDIT REPORT OF SREE ALATHIYUR PERUMTHRIKOVIL DATED 22.9.2022 FOR THE YEARS 2018-2021. ``` ``` EXHIBIT P 3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11.3.2024 BEFORE THE 2ND RESPONDENT ```