Kerala High Court
Balakrishnan P vs State Of Kerala on 5 March, 2026
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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W.P(C) No.30226/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 5TH DAY OF MARCH 2026 / 14TH PHALGUNA, 1947
WP(C) NO. 30226 OF 2025
PETITIONERS:
1 BALAKRISHNAN P, AGED 64 YEARS
S/O.LATE C. BALAKRISHNA MENON PALAPPATTA HOUSE,
CHOORAKKODE P.O., VIA VALLAPPUZHA, PALAKKAD PRESIDENT
OF SREE NARASIMHA MOORTHI KSHETRA SAMITHI ERIPURAM
DEVASWOM., PIN - 679336
2 HARIPRAKASAN V, AGED 56 YEARS
SREERAMA BHAVANAM CHOORAKKODE P.O., VIA VALLAPPUZHA,
PALAKKAD, SECRETARY OF SREE NARASIMHA MOORTHI KSHETRA
SAMITHI ERIPURAM DEVASWOM., PIN - 679336
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT KERALA
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W.P(C) No.30226/2025
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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, MINI
BYE-PASS ROAD ERANHIPPALAM, KOZHIKODE, PIN - 673006
3 COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
MINI BYE-PASS ROAD ERANHIPPALAM, KOZHIKODE- 673006
4 DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX, MINI BYE-PASS ROAD ERANHIPPALAM,
KOZHIKODE, PIN - 673006
5 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD CIVIL
STATION, PALAKKAD, PIN - 678001
6 M. SANKARA NARAYANAN (OORALAN) S/O. M. NARAYANAN
NAMPOOTHIRI (LATE) MEKKATT MANA (SARANI) CHOORAKKODE
P.O., VIA VALLAPPUZHA, PALAKKAD, PIN - 679336
BY ADVS.
SRI. S. RAJMOHAN, SR GP
SMT.R RANJANIE, SC FOR MDB
SHRI.JERRY PETER
SRI.K.R.SANTHOSH KUMAR
SHRI.VIGNESH S.
SHRI.TOMIN K. SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
K. V. Jayakumar, J.
This Writ petition is preferred under Article 226 of the Constitution of India claiming the following reliefs:
" Issue of writ of mandamus or such other writ or order or direction to direct respondents 3 and 4 to consider and pass orders of Ext.P9 and P10 applications filed by the petitioner and direct respondents 2 and 3 to take over the possession and management of Eripuram Sree Narasimha Moorthi temple in Choorakkode, Pattambi in Palakkad District and start daily poojas and also renovate the temple and ensure that the property having an extent of 2.60 acres situated in Survey Nos. 396/2, 396/4, 396/5, 396/6 and 396/8 of Vallappuzha village is protected from encroachment by taking over the entire possession of the above said property which include the property in which the temple and the pond is situated."
2. The petitioners herein are the President and Secretary of Sree Narasimha Moorthi Kshetra Samithi, Eripuram Devaswom, Vallapuzha, at Palakkad district.
3. The petitioners state that Sree Narasimha Moorthi Temple situated at Choorakkode, in Pattambi taluk originally belongs to 'Mekkattu 2026:KER:19613 W.P(C) No.30226/2025 4 Mana'. The management of the said temple was entrusted to certain branches of the family as per a partition deed executed and registered in the year 1945.
4. In the year 1989, another partition deed was executed in the branch whereby the party respondent, Sri. M. Sankara Narayanan was entrusted with the management of the said temple.
5. The petitioners further state that when the party respondent refused to even open the temple and look after and maintain the affairs of the temple, the worshippers of that locality approached the family of Ooralan. Thereafter, an agreement for taking over the management of the temple was executed between one of the family members and the worshippers of the locality. It is submitted that the temple was, thereafter, being managed by the devotees of the locality.
6. Later, the 6th respondent, Sri. Sankara Narayanan objected to the management of the temple by the devotees. Two devotees in the locality had instituted O.S.No.82/1996 before the Munsiff Court, Pattambi, seeking the relief of a prohibitory injunction restraining the respondent from interfering in the day-to-day affairs of the temple. The party respondent contested the suit, and ultimately the suit was dismissed by the Munsiff Court in view of the partition deed executed in the Ooralan family, whereby the right to manage the temple is vested with the 6th 2026:KER:19613 W.P(C) No.30226/2025 5 respondent.
7. It is further contended that the situation has worsened after the dismissal of the suit. The 6th respondent is not turning up to the temple, even for lighting a lamp.
8. The petitioner has produced true copy of the partition deed of the Ooralan family executed and registered in the year 1945 and exhibited and marked as Ext.P1. Ext.P2 is the true copy of the partition deed executed in the year 1989. Ext.P3 are the photographs showing the pathetic condition of the Sree Narasimha Moorthi temple, which is situated in 35 cents of property in Survey No. 396/4. There is a temple pond, comprised in Survey No. 396/5, having an extent of 27 cents. The said temple owns a total extent of 2.60 acres of property.
9. The learned counsel for the petitioners, Sri. Krishna Raj submitted that the petitioners have filed an application before the Commissioner and Deputy Commissioner of Malabar Devaswom Board under Sections 20, 58, 60 and 63 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for the sake of brevity, 'the Madras HR & CE Act'), seeking the takeover of the temple by the Board. Exts. P9 and P10 are the true copies of the representations submitted to the Commissioner and Deputy Commissioner of the Malabar Devaswom 2026:KER:19613 W.P(C) No.30226/2025 6 Board, respectively. The learned counsel submitted that the party respondent has totally failed in its duty to protect the interest of the minor deity and therefore, the interference from this Court is necessary for the proper management of the temple and for the conduct of daily poojas in the temple. The learned counsel has placed reliance on the judgment in Mrinalini Padhi v. Union of India1.
10. The Adv. R. Ranjanie, the learned Standing Counsel for the Malabar Devaswom Board would submit that considering the nature of reliefs claimed, the Board does not intend to file a counter affidavit. The counsel submitted that an order may be passed directing the Commissioner to dispose of the representation submitted by the petitioners in accordance with law.
11. On the other hand, the learned counsel for the 6th respondent submitted that the Writ Petition is not maintainable and that the petitioners have no locus standi to file a petition of this nature. The learned counsel further submitted that the allegation that the party respondent is refusing to maintain the temple is incorrect. It is pointed out that the petitioners are not members of the family of the Ooralan and thereby they are not entitled to be involved in the affairs of the temple. It is also submitted that the petitioners are trying to reopen and nullify the judgment of the Munsiff's 1 2018(7) SCC 785 2026:KER:19613 W.P(C) No.30226/2025 7 Court in O.S. No. 82/1996 dated 30.03.2002, which is marked as Ext.R1.
12. We have carefully considered the submissions advanced and perused the pleading and the materials placed on record.
13. Ext.P3 series photographs would clearly indicate the neglected and abandoned nature of the temple. The principal grievance of the petitioners is that the 6th respondent is refusing to maintain the temple and the temple has been permanently closed down without even lighting a lamp and performing daily poojas. Due to the negligence of the 6th respondent, the structure of the temple is about to fall down. Ext.P8, Devaprasna Charthu, would also reveal that the deity is displeased by the sad state of affairs.
14. After a careful consideration of the submissions advanced and on the perusal of records, we deem it appropriate to direct the 3rd respondent, the Commissioner of Malabar Devaswom Board, to consider and pass appropriate orders in the representation submitted by the petitioners after giving notice to all the affected parties and after affording them an opportunity of being heard. The said exercise shall be carried out within the outer limits of three months from the date of this judgment. If any of the parties are aggrieved by the decision of the Commissioner, they can challenge it in the appropriate forum. If the Board takes a decision not 2026:KER:19613 W.P(C) No.30226/2025 8 to take over the management of the temple, it shall take necessary steps in consultation with all the stakeholders for the smooth and effective conduct of the daily rituals/poojas in the temple and to protect the property of the temple from encroachments. We direct the Board to complete the said exercise within a further period of three months.
The Writ Petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V.
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
BR
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APPENDIX OF WP(C) NO. 30226 OF 2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PARTITION DEED IN
DOCUMENT NO.2164/1945 DATED 1945 WITH
TYPED COPY
Exhibit P-2 TRUE COPY OF THE PARTITION DEED IN
DOCUMENT NO. 559/1989 DATED 1989 WITH
TYPED COPY
Exhibit P-3 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
PATHETIC CONDITION OF THE TEMPLE DATED NIL Exhibit P-4 TRUE COPY OF THE SETTLEMENT REGISTER DATED 30.06.1904 Exhibit P-5 TRUE COPY OF THE BTR DATED NIL Exhibit P-6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI ACT DATED 16.10.2024 Exhibit P-7 TRUE COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER VALLAPPUZHA DATED 22.11.2024 Exhibit P-8 TRUE COPY OF THE DEVAPRASNAM CHARTH DATED NIL Exhibit P-9 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE COMMISSIONER MALABAR DEVASWOM BOARD DATED 02.07.2025 Exhibit P-10 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD DATED 02.07.2025 RESPONDENT EXHIBITS Exhibit R6(1) The true copy of the judgement by the Hon'ble Munsiff Magistrate Court, Pattambi 2026:KER:19613 W.P(C) No.30226/2025 10 in O.S.No.82 of 1996 dated 30.03.2002