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(xi) The scheme framed by the Central Wakf Board shall be implemented by every State Board."

26. Relying on the decision of the Supreme Court in the Imam's case (AIR 1993 SC 2086) it is strenuously contended by the counsel appearing for respondents 3 to 16 that the temple employees in Malabar doing service in temples are also eligible to get living wages. According to the counsel the decision applies on all fours to the present case and they seek directions to be issued to respondents 1 and 2 on similar lines. In meeting this contention the learned Government Pleader would point out that the powers conferred on the Wakf Board under the Wakf Act are different and distinct from the powers conferred on the second respondent under the H.R. & C.E. Act. The temples in Malabar are owned by trustees and are under their management. The Department has only a supervisory control over the management of the temples. The appointments are made by the trustees themselves and wages are also paid by them. The function of the Department is only to see that the income is properly accounted for and is utilised for the welfare of the temple. It is therefore pointed out that the Supreme Court decision aforementioned has no application to the present case. On hearing counsel on both sides and on a perusal of the relevant provisions contained in the Wakf Act and the Hindu Religious and Charitable Endowment Act, we are of the view that there is practically no difference between the two legislations whereas the powers conferred on the Department under the Hindu Religious and Charitable Endowment Act are wider than those conferred on the Wakf Board under the Wakf Act.

52. As held by the Full Bench in Narayanan Namboodiri case (AIR 1985 Kerala 160) (supra) the actions of the trustees are liable to be called in question by the denomination. When the position of the trustees vis-a-vis the denomination has been held to be only in the capacity as representatives, the denomination can always challenge action of the trustees. The action of the trustees in not paying reasonable wages and in not properly maintaining the temples is challenged in this petition. Even if 't be that the trustees are unable to perform their functions on account of the paucity of funds, the properties of the temples having been vested in the Government under the Land Reforms Act and the Private Forests (Vesting and Assignment) Act, the legislature is competent to bring in a legislation on the lines of the Guruvayoor Devaswom Act for all the temples in Malabar. The question whether there should be a separate legislation for Guruvayoor and other important temples is a matter which requires consideration while bringing a legislation for this purpose. In this connection it is pertinent to refer to the recommendation of Kuttikrishna Menon Committee at page 53 of Ext. Rl that it is enough if special provisions are included in the unified Act regarding certain important temples wherever they are found necessary and that no separate legislation is necessary in respect of any of the institutions in the State. The view of the committee that the system of management by hereditary trustees seems to have outlived its utility in Malabar has also to be taken note of. The result is that when a special legislation can be brought for the management of the Guruvayoor temple and its properties which also had been under the purview of the Hindu Religious Endowments Act, ther is no legal bar in bringing a legislation on similar lines for the management of all the remaining temples in Malabar which are under the administration and governance of the Department as well as all the other public temples even though they do not come under the purview of the Act.

From the income from these forests and the other lands owned by the temples and managed by the Ooralans, the expenditure of the temples were being met.

65. The agricultural lands held by these temples were mostly outstanding on tenancy.

The Kerala Land Reforms Act, Act 1 of 1964 which came into force on 1-4-1964 conferred fixity of tenure on the tenants and enabled the tenants to pay the fair rent as defined by that Act in the place of the contract rent payable. By this, the income of the temples receiving rent got considerably reduced. Then by virtue of the provisions of the Kerala Land Reforms Act, as amended by Act 35 of 1969, these temples lost the rental income from the said agricultural lands in view of the vesting of the landlord's rights in the State. No rent was payable by the tenants to the landlords from the appointed day, viz. 1-1-1970. But the Act provided for payment of annuity and several provisions were made in that behalf in Sections 66 to 71 and Section 72N of that Act. My learned brother has referred to the delay in determining the annuity payable in most of the cases. The deprivation of rent reduced most of the temples in Malabar area to penury and even led to the discontinuance of daily poojas and nivedyams in some of the temples.

66. It is while most of the temples were limping along thus, that the Kerala Private Forests (Vesting and Assignment) Act, Act 26 of 1971 was enacted depriving these temples of their forest lands as well. That Act had a worse impact than the Kerala Land Reforms Act in that the forest lands got vested in the Government free from all encumbrances without paying any compensation therefor. Section 3 of the Act 26 of 1971 which provided for the vesting read thus :

"Private forests to vest in Government. --(1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of Sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala shall, by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished."