Kerala High Court
Karikkad Devaswom, Thrikkalangode ... vs State Of Kerala on 19 July, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Friday, the 19th day of July 2024 / 28th Ashadha, 1946
WP(C) NO. 21960 OF 2024 (T)
PETITIONER:
KARIKKAD DEVASWOM, THRIKKALANGODE POST, MALAPPURAM DISTRICT - 676123
REPRESENTED BY ITS PRESENT CHAIRMAN OF BOARD OF TRUSTEES SANKARAN
NAMBOODIRI AGED 71 YEARS S/O KESAVAN NAMBOODIRI, NADUVIL MANNAZHI
MANA, P.O. CHANTHANGOTTUPURAM, MALAPPURAM DISTRICT, PIN - 679328
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. THE SECRETARY, REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3. MALABAR DEVASWOM BOARD REPRESENTED BY SECRETARY, HOUSEFED COMPLEX ,
ERANHIPALAM PO, KOZHIKODE, PIN - 673006
4. THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPALAM, KOZHIKODE, PIN - 673006
5. THE PRESIDENT MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM,
KOZHIKODE, PIN - 673006
6. THE EXECUTIVE OFFICER KARIKKAD DEVASWOM, POST THRIKKALANGODU,
MANJERI, MALAPPURAM DISTRICT, PIN - 676127
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents 1 to 5 to grant
necessary financial assistance from the Malabar Devaswom Management Fund
to Karikkad Devaswom to pay the arrears of salary of the employees of the
Devaswom immediately.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
04.07.2024 and upon hearing the arguments of M/S. VINOD RAVINDRANATH,
MEENA.A., K.C.KIRAN, M.R.MINI, M.DEVESH, ANISH ANTONY ANATHAZHATH, THAREEQ
ANVER K. & NIVEDHITHA PREM.V, Advocates for the petitioner, STANDING
COUNSEL for Malabar Devaswom Board and of SRI.S RAJMOHAN, SENIOR
GOVERNMENT PLEADER, the court passed the following:
ANIL K. NARENDRAN & HARISANKAR V. MENON, JJ.
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W.P.(C)No.21960 of 2024
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Dated this the 19th day of July, 2024
ORDER
Anil K. Narendran, J.
Karikkad Devaswom, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the temples in erstwhile Malabar area are entitled to get assistance from the Malabar Devaswom Management Fund, if the income derived from the temples after deducting expenses is not sufficient for payment of wages to its employees irrespective of the quantum of income derived from such temples. The petitioner has also sought for other consequential reliefs.
2. On 21.06.2024, when this matter came up for consideration, Registry was directed to incorporate a copy of the judgment dated 10.10.2023 in W.A.No.1604 of 2022 and the judgment dated 11.01.2024 in W.A.Nos.1608 and 1664 of 2022 and connected cases in the Judges papers of this writ petition.
3. On 04.07.2024, when this matter came up for 2 W.P.(C)No.21960 of 2024 consideration, the learned counsel for the petitioner and also the learned Standing Counsel for Malabar Devaswom Board sought time to get instructions as to whether the audited accounts of Karikkad Devaswom are being subjected to statutory audit by the Senior Deputy Director, Kerala State Audit Department, Malabar Devaswom Board Audit.
4. Today, when this matter is taken up for consideration, the learned counsel for the petitioner, on instructions, would submit that the audited accounts of Karikkad Devaswom for the last 3 financial years are not submitted for statutory audit before the Senior Deputy Director, Kerala State Audit Department, Malabar Devaswom Board Audit.
5. The learned Senior Government Pleader, on instructions from the Senior Deputy Director, Kerala State Audit Department, Malabar Devaswom Board Audit would submit that for the last few years the audited accounts of Karikkad Devaswom are not being submitted for statutory audit before the State Audit Department, as provided in the provisions contained in Chapter VII of the Madras Hindu Religious and Charitable Endowments Act, 1951 and that contained in the Kerala Local Fund Audit Act, 1994. The learned Senior 3 W.P.(C)No.21960 of 2024 Government Pleader would also refer to the provisions contained in Audit Manual Part-II/Volume-II published by the Kerala State Audit Department, which deals with Devaswom Boards.
6. The learned Senior Counsel for Malabar Devaswom Board would refer to the provisions contained in Chapter VII of the Madras Hindu Religious and Charitable Endowments Act, 1951, and the Rules made under Section 100 (2)(n) of that Act.
7. Section 24 of the Madras Hindu Religious and Charitable Endowments Act mandates that subject to the provisions of the Madras Temple Entry Authorisation Act, 1947, the trustee of every Hindu religion is bound to administer its affairs and to apply its funds and properties in accordance with the terms of the trust, the usage of that institution and all lawful direction which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, funds and properties, if they were his own.
8. Having considered the submissions made by the learned Senior Government Pleader and also the learned Senior Counsel for Malabar Devaswom Board, we deem it appropriate to direct Registry to register a suo motu proceedings regarding the audit of accounts of temples which are controlled institutions 4 W.P.(C)No.21960 of 2024 under Malabar Devaswom Board, by the Kerala State Audit Department, Malabar Devaswom Board Audit, after obtaining the orders of the Honorable the Acting Chief Justice. In that writ petition, the State of Kerala, represented by Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat, Thiruvananthapuram, Pin - 695001; the Senior Deputy Director, Kerala State Audit Department, Malabar Devaswom Board Audit, Civil Station, New Block, Kozhikode, Pin - 673 020; the Malabar Devaswom Board, represented by its Secretary, Office of the Malabar Devaswom Board, Housefed Complex, Eranjipalam, Kozhikode, Pin - 673 006 and the Devaswom Commissioner, Office of the Malabar Devaswom Board, Housefed Complex, Eranjipalam, Kozhikode, Pin - 673 006 shall be arrayed as respondents.
List on 29.07.2024 along with the writ petition to be registered suo motu.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
HARISANKAR V. MENON, JUDGE MIN 19-07-2024 /True Copy/ Assistant Registrar