Kerala High Court
Sree Thirunelly Devaswom vs State Of Kerala on 23 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:62465
WP(C) No. 21455 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WP(C) NO. 21455 OF 2025
PETITIONER:
SREE THIRUNELLY DEVASWOM, REPRESENTED BY ITS EXECUTIVE
OFFICER, THIRUNELLY TEMPLE P.O, THIRUNELLY, WAYANAD DISTRICT,
PIN - 670646
BY ADV SRI.MAHESH V RAMAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001
2 PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASWOM)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001
(CORRECTED)
THE DESCRIPTION OF THE 2ND RESPONDENT IS SUO MOTU CORRECTED
AS:
THE SPECIAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
AS PER ORDER DATED 17.06.2025 IN WP(C)21455/2025.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE SENIOR DEPUTY DIRECTOR
KERALA STATE AUDIT DEPARTMENT, MALABAR DEVASWOM AUDIT OFFICE,
CIVIL STATION, KOZHIKODE, PIN - 673020
5 THE MALABAR DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY,
HOUSEFED COMPLEX, P.O.ERANHIPALAM,
KOZHIKODE, PIN - 673006
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WP(C) No. 21455 of 2025
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6 COMMISSIONER, MALABAR DEVASWAM BOARD, HOUSEFED COMPLEX,
P.O.ERANHIPALAM, KOZHIKODE, PIN - 673006
7 THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THALASSERY
DIVISION, THIRUVANGAD P.O., KANNUR - 670102
8 THE HEREDETARY TRUSTEE, SREE THIRUNELLY DEVASWOM, THIRUNELLY,
THIRUNELLY TEMPLE P.O., WAYANAD - 670646
9 THE THIRUNELLY SERVICE CO-OPERATIVE BANK LTD.
NO.4389 REPRESENTED BY ITS SECRETARY, HEAD OFFICE KATTIKULAM,
P.O. KATTIKULAM, WAYANAD, PIN - 670646
10 THE SUSHEELA GOPALAN SMARAKA VANITHA CO-OPERATIVE SOCIETY
LTD., NO.W.287, REPRESENTED BY ITS SECRETARY, NEAR BLOCK
OFFICE, P.O.MANANTHAWADY,
WAYANAD, PIN - 670645
11 THE MANANTHAWADY CO-OPERATIVE RURAL SOCIETY LTD
NO.W.355 REPRESENTED BY ITS SECRETARY, P.O.MANANTHAWADY,
WAYANAD, PIN - 670645
12 THE MANANTHAWADY CO-OPERATIVE URBAN SOCIETY LTD.
NO.W.221 REPRESENTED BY ITS SECRETARY, LATIN CHURCH BUILDING,
CALICUT ROAD,
P.O.MANANTHAWADY, WAYANAD, PIN - 670645
13 WAYANAD DISTRICT TEMPLE EMPLOYEES CO-OPERATIVE SOCIETY LTD.,
NO.W.290, P.O.THIRUNELLY TEMPLE, THIRUNELLY, WAYANAD, PIN -
670646
BY ADVS.
SMT.R.RANJANIE, SC, MALABAR DEVASWOM BOARD
SRI.K.MOHANAKANNAN
SHRI.K.S.ARUN KUMAR
SHRI.P.C.SASIDHARAN
SMT.RAJI T.BHASKAR
SHRI.VIJAY SANKAR V.H.
SHRI.JERIN JOSEPH
SHRI RAJMOHAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2025,
THE COURT ON 23.08.2025 DELIVERED THE FOLLOWING:
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WP(C) No. 21455 of 2025
3
JUDGMENT
K. V. Jayakumar, J.
The above captioned writ petition is preferred, claiming the following
reliefs:
"(i) To declare that the deposits of the petitioner temple
are to be in Nationalised Banks or Scheduled Banks or
other institutions specified in the rules made under
Section 100(2)(k) of the Madras Hindu Religious and
Charitable Endowments Act and that the Respondents 9 to
13 have no right to withhold the deposits of the petitioner
Devaswom;
(ii) To issue a writ of mandamus or any other appropriate
writ order or direction, directing the Respondents 9 to 13
to repay the amount of fixed deposits and other deposits
to the petitioner along with interest forthwith, or within a
specific time frame as may be directed by this Honourable
Court."
2. The petitioner herein is the Sree Thirunelly Devaswom, represented
by its Executive Officer. The petitioner has approached this Court, aggrieved by
the unjustifiable denial on the part of the Co-operative Societies, respondents 9 to
13, to repay the Fixed Deposits of the petitioner Devaswom in those Societies, in
spite of repeated requests. The learned counsel for the petitioner submitted that
the Devaswom is in dire need of money for the renovation of the temple.
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3. The learned counsel for the petitioner further submitted that Sree
Thirunelly Devaswom is an ancient temple governed by the provisions of the
Madras Hindu Religious and Charitable Endowments Act, 1951, and functions
under the supervisory control of the Malabar Devaswom Board. The learned
counsel for the petitioner submitted that the primary source of income for the
temple is the fee collected from worshippers, which have been deposited in
various banks. As per Ext.P2 circular issued by the 6th respondent, Commissioner
dated 02.03.2010, it is directed that the temple funds should be deposited in the
banks specified in the circular. Later, vide Ext.P3, the 6th respondent modified the
circular to the extent that the deposits of the temples under the Malabar
Devaswom Board shall not be continued as Fixed Deposits, Current deposits or
savings bank account in the Co-operative Societies registered under the Kerala
Co-operative Societies Act, 1969, but only in profitable Co-operative Banks
functioning near the temple. Accordingly, the temples were directed to withdraw
the deposits from such Co-operative Societies and to deposit it in the Banks
specified in the Ext. P2 circular.
4. The learned counsel for the petitioner further submitted that the 4th
respondent, Senior Deputy Director, Kerala State Audit Department, conducted an
audit in Thirunelli Temple and submitted Ext.P4 report. Ext.P4 report would reveal
that Thirunelli Devaswom has deposited its funds in the following Co-operative
Societies, which is contrary to Exts. P2 and P3 Circulars.
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1. The Thirunelli Service Co-operative Bank Ltd.,
2. The Susheela Gopalan Smaraka Vanitha Co-operative Society
Ltd.
3. The Mananthawady Co-operative Rural Society Ltd.
4. The Mananthawady Co-operative Urban Society Ltd.
5. Wayanad District Temple Employees Co-operative Society Ltd.
5. The grievance of the petitioner is that even though notices have
been issued to respondent Nos. 9 to 13, Co-operative Societies, they have refused
to repay the funds. The respondents 9 to 13 have no right whatsoever to deny
the closure of the petitioner's Fixed Deposits; such denial is unreasonable and
violative of the relevant banking rules and practices.
6. We have gone through Ext.P2 and P3 circulars. Ext.P2 circular dated
02.03.2010 of Malabar Devaswom Board clearly states that the accounts of the
temple shall be maintained only in Co-operative Banks, Nationalised Bank, Post
Office Savings Bank, Scheduled Bank and Treasury. Further, it is stated that if
accounts were opened in any other institutions, such accounts should be closed,
and the balance amounts shall be transferred to any of the banks permitted under
the circular.
7. Ext.P3, modified circular, made it clear that, if any of the temples
under the control of the Malabar Devaswom Board has deposited funds in
Co-operative Society, such deposits shall be withdrawn, as and when they mature,
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and shall be deposited in the banks and institutions authorised in Ext.P2 circular.
8. The learned counsel for the Society submits that if the amounts are
withdrawn, the societies would cease to operate.
9. We have considered the submissions advanced by the learned
counsel for the petitioner and the learned Standing Counsel and the learned
Government Pleader.
10. In A.A. Gopalakrishnan v. Cochin Devaswom Board1, a three
Judge of the Apex Court held that the properties of the deities, temple and
Devaswom Boards, are required to be protected and safeguarded by their
trusties/archakas/shebaits/employees.
11. Ext.P4, the audit report, states that huge amounts have been
deposited in various Co-operative Societies, violating the directions contained in
Exts. P2 and P3 circulars issued by the Commissioner, Malabar Devaswom Board.
12. The main grievance projected by the learned counsel for the
petitioner is that the fixed deposits of the Devaswom in respondents 9 to 13
Co-operative Societies were not repaid by the said societies, in spite of repeated
demands made by the petitioner. It is submitted that the petitioner temple is in
dire need of money for its ongoing renovation activities. The respondent societies
are delaying the repayment stating some lame excuses.
[(2007) 7 SCC 482)
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13. It appears that the petitioner Devaswom has issued several demand
notices seeking the closure and withdrawal of the fixed deposits.
14. In the light of the above discussion, we are of the view that the Writ
Petition can be disposed of.
Resultantly, Writ Petition is disposed of with the following directions:
1. The respondents 9 to 13 are directed to close the fixed
deposits and other deposits of the petitioner and repay
the amount due to the petitioner within a period of two
months from the date of receipt of copy of this judgment.
2. The 6th respondent shall ensure that the directions in
Exts.P2 and P3 Circulars are scrupulously followed
henceforth.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
JUDGE
msp
2025:KER:62465
APPENDIX OF WP(C) 21455/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MODIFIED SCHEME OF
ADMINISTRATION DATED 16-03-1944 OF SREE
THIRUNELLY TEMPLE FRAMED BY THE BOARD OF
COMMISSIONERS FOR HINDU RELIGIOUS ENDOWMENTS
MADRAS
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.H9/1637/10 DATED
02-03-2010 ISSUED BY THE 6TH RESPONDENT
COMMISSIONER
Exhibit P3 TRUE COPY OF THE CIRCULAR NO.H7/3309/2022/MDB
DATED 18-10-2023 ISSUED BY THE 6TH RESPONDENT
COMMISSIONER
Exhibit P4 TRUE COPY OF THE AUDIT REPORT
NO.KSAMLDT1/479/2024 DATED 05-08-2024 OF THE YEAR
2023 PREPARED BY THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE DECISION DATED 20-11-2023 OF THE
MEETING THE TRUSTEE OF THE PETITIONER TEMPLE
Exhibit P6 TRUE COPY OF THE LETTER DATED 02-12-2023
SUBMITTED BY THE PETITIONER TO THE 6TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE NOTICE DATED 04-12-2023 ISSUED BY
THE PETITIONER TO THE ASSISTANT DIRECTOR, CO-OP.
DEPARTMENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED 08-12-2023 ISSUED BY
THE ASSISTANT DIRECTOR, CO-OPERATIVE AUDIT,
MANANTHAWADY TO THE PETITIONER
Exhibit P9 TRUE COPY OF THE LETTER DATED 29-01-2024 ISSUED BY
THE PETITIONER TO THE 6TH RESPONDENT
Exhibit P10 TRUE COPY OF THE ORDER NO.J6-6899/2023/MDB(KDIS)
DATED 07-05-2024 ISSUED BY THE 6TH RESPONDENT
Exhibit P11 TRUE COPY OF THE LETTER DATED 29-11-2023 ISSUED BY
THE 9TH RESPONDENT TO THE PETITIONER
Exhibit P12 TRUE COPY OF THE LETTER DATED 12-02-2024 ISSUED BY
THE 9TH RESPONDENT TO THE PETITIONER
Exhibit P13 TRUE COPY OF THE REPLY LETTER DATED 04-06-2024
ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER
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Exhibit P14 TRUE COPY OF THE DEMAND NOTICE DATED 07-09-2024
Exhibit P15 TRUE COPY OF THE NOTICE DATED 25-05-2024 ISSUED BY
THE PETITIONER TO THE 10TH RESPONDENT
Exhibit P16 TRUE COPY OF THE NOTICE DATED 05-06-2024 ISSUED BY
THE PETITIONER TO THE 10TH RESPONDENT
Exhibit P17 TRUE COPY OF THE LETTER DATED 10-06-2024 ISSUED BY
THE PETITIONER TO THE 10TH RESPONDENT
Exhibit P18 TRUE COPY OF THE LETTER DATED 11-03-2024 ISSED BY
THE PETITIONER TO THE 11TH RESPONDENT
Exhibit P19 TRUE COPY OF THE LETTER DATED 10-06-2024 ISSUED BY
THE PETITIONER TO THE 11TH RESPONDENT DEMANDING
DISBURSEMENT OF THE MATURED FD AMOUNT
Exhibit P20 TRUE COPY OF THE LETTER DATED 24-11-2023 ISSUED BY
THE 12TH RESPONDENT TO THE PETITIONER
Exhibit P21 TRUE COPY OF THE REPLY LETTER DATED 22-11-2023
ISSUED BY THE 13TH RESPONDENT TO THE PETITIONER
Exhibit P22 TRUE COPY OF THE REPLY LETTER DATED 05-03-2024
ISSUED BY THE 13TH RESPONDENT TO THE PETITIONER
Exhibit P23 TRUE COPY OF THE RELY LETTER DATED 27-05-2024
ISSUED BY THE 13TH RESPONDENT TO THE PETITIONER
Exhibit P24 TRUE COPY OF THE CIRCULAR DATED 30-06-2017 ISSUED
BY THE RESERVE BANK OF INDIA AND PUBLISHED IN
THEIR OFFICIAL WEBSITE
RESPONDENT EXHIBITS
Exhibit R4(a) A true copy of the audit report issued vide
KSA/MLD/T1/479/2024 dated 05-08-2024
Exhibit R4(b) A true copy of the Circular No. H9/1637/2010 dated
02-03-2010
Exhibit R4(c) A true copy of the circular no. H7/3309/2022/MDB dated
18-10-2023
