4. The Public Information Officer (PIO)-Cum-EO, Sri Vedapureeswarar Sri
Varadaraja Perumal Devasthanam, M.G. Road, Puducherry, who has appreciated
various judgments passed by the Hon'ble Division Bench of Kerala in A.C.Bhannuni
@ Valluvanattukara Vs Commissioner and of The Hon'ble Apex Court in
Thalappalam Ser.
In
A.C.Bhanunni @ Valluvanattukara Vs. The Commissioner and others (2011)
(2) KLT 312)/(2011 (2) KLJ 667), the Kerala High Court held that the Malabar
Devaswom Board (MDB) would not constitute a public authority for the
purposes of Right to Information. They held that the temples and their officers
are neither established nor constituted under the Constitution of India or any
other law either Central or State. The mere fact that they may be listed under the
respective HR&CE acts would not render them public institutions. They are also
not financed by any Government. Infact, it is the reverse as temples are
statutorily required to make a contribution to the State and not vice versa.
In this regard, it may be relevant to refer to
the judgment of the Division Bench of the Kerala High Court in
A.C.Bhanunni's case, wherein the above distinction has been noticed: