Kerala High Court
K.V.Premkumar vs State Of Kerala on 3 March, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)NO.1713 OF 2007
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
W.P.(C)NO.1713 OF 2007
PETITIONER:
K.V. PREMKUMAR, K.V. HOUSE,
KALARIVATHUKKAL, VALAPATANAM P.O., KANNUR DISTRICT.
BY ADV SRI.S. KRISHNAMOORTHY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEVASWOM & HINDU RELIGIOUS CHARITABLE ENDOWMENT DEPARTMENT,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM.
2 COMMISSIONER, HINDU RELIGIOUS AND
CHARITABLE ENDOWMENT DEPARTMENT, CIVIL STATION, KOZHIKODE-
29.
3 ASSISTANT COMMISSIONER
HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT,
THIRUVANGADU, SREE RAMA SWAMY TEMPLE, THALASSERY, KANNUR.
4 EXECUTIVE OFFICER
CHIRAKKAL KOVILAKAM DEVASWOM, NEAR KADALAYI SREEKRISHNA
TEMPLE, CHIRAKKAL P.O., KANNUR.
*5 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
ERANHIPALAM P.O., KOZHIKODE - 673 006
*6 COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANJIPALAM P.O., KOZHIKODE - 673 006
*ADDL. RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER ORDER DATED
03.03.2025
BY ADVS.
SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD
SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD
W.P.(C)NO.1713 OF 2007
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OTHER PRESENT:
SMT. R. RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of the temples under
Chirakkal Devaswom, which is a controlled institution under
additional 5th respondent Malabar Devaswom Board, has filed this
writ petition under Article 226 of the Constitution of India, seeking
a writ of mandamus commanding the respondents to complete the
renovation work of Sreekovil, Chuttambalam and Compound wall
of Kalarivathukkal Sree Bhagavathy Temple and the renovation
work of Thrikothu Sree Krishna Swamy Temple and Panniyan
Kulangara Temple, within a time frame; a writ of mandamus
restraining the collection of fund of Sree Kalarivathukkal Sree
Bhagavathy Temple, Thrikothu Sreekrishna Swamy Temple and
Panniyan Kulanagara Temple under Chirakkal Kovilakam
Devaswom for the purpose of construction of Bhojanasala
(oottupura) and ten rooms at Cherukunnu Annapoorneshwari
Temple; and a writ of mandamus commanding the respondents to
utilise the collection of fund of Sreekalarivathukkal Bhagavathy
Temple, Thrikothu Sreekrishna Swamy Temple and Panniyan
Kulangara Temple for the purpose of renovation of these temples
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and not for any other constructions under Chirakkal Kovilakam
Devaswom.
2. On 30.01.2007, when this matter came up for
admission, it was ordered to be posted after 10 days for the
learned Government Pleader to file a statement.
3. A counter affidavit dated 31.01.2007 has been placed
on record on behalf of the 2nd respondent Commissioner of the
erstwhile Hindu Religious and Charitable Endowment Department.
It was followed by a statement dated 26.03.2007 of the 2 nd
respondent Commissioner.
4. On 01.03.2007, when this matter came up for
consideration, this Court passed the following order;
"2. In paragraph 5 of the counter affidavit filed by the 2 nd
respondent, it is stated that the Panniyankulangara
Bhagavathy and Thrikkoth Mahavishnu temples remain
closed without any poojas and services for a long period and
the buildings are in a ruined condition and some of the
properties are in possession of encroachers. It is also stated
that 55 cents of land belonging to the temple is in the
possession of one Kappadan Lakshmanan, who is now
outside the country and steps are being taken to recovery
the land. It is also stated that there is no possibility of
resuming pooja or renovation of the temple, as at present.
3. We are of the view that there is no justification in not
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conducting poojas in the temples. Necessary repairs and
renovation works have to be undertaken. Respondents are
directed to offer their views."
5. The petitioner has filed I.A.No.5407 of 2007, an
application to implead two persons who have allegedly encroached
upon the Devaswom land of Thrikothu Maha Vishnu Temple.
Though that interlocutory application was filed on 09.04.2007, no
notice was ordered to the additional respondents sought to be
impleaded.
6. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for the 1st respondent and the
learned Standing Counsel for Malabar Devaswom Board for
respondents 2 to 4 and additional respondents 5 and 6.
7. The learned counsel for the petitioner would submit
that the repair and renovation works referred to in the writ petition
of the temples under Chirakkal Kovilakom Devaswom have already
been completed.
8. In A.A. Gopalakrishnan v. Cochin Devaswom
Board [(2007) 7 SCC 482] a Three-Judge Bench of the Apex
Court held that the properties of deities, temples and Devaswom
Boards, require to be protected and safeguarded by their
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trustees/archakas/shebaits/employees. Instances are many
where persons entrusted with the duty of managing and
safeguarding the properties of temples, deities and Devaswom
Boards have usurped and misappropriated such properties by
setting up false claims of ownership or tenancy, or adverse
possession. This is possible only with the passive or active
collusion of the authorities concerned. Such acts of 'fence eating
the crops' should be dealt with sternly. The Government, members
or trustees of boards/trusts, and devotees should be vigilant to
prevent any such usurpation or encroachment. It is also the duty
of courts to protect and safeguard the properties of religious and
charitable institutions from wrongful claims or misappropriation.
9. In Travancore Devaswom Board v. Mohanan Nair
[(2013) 3 KLT 132] a Division Bench of this Court noticed that
in A.A. Gopalakrishnan [(2007) 7 SCC 482] a Three-Judge
Bench of the Apex Court emphasised that it is the duty of the
courts to protect and safeguard the interest and properties of the
religious and charitable institutions. The Division Bench further
noticed that the relevant principles under the Hindu law will show
that the deity is always treated similar to that of a minor and there
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are some points of similarity between a minor and a Hindu idol.
The High Court is the guardian of the deity and apart from the
revisional jurisdiction under Section 103 of the Kerala Land
Reforms Act, 1963, the High Court has inherent jurisdiction and
the doctrine of parens patriae will also apply in exercising the
jurisdiction.
10. Sree Kalarivathukkal Sree Bhagavathy Temple,
Thrikothu Sreekrishna Swamy Temple and Panniyan Kulanagara
Temple are under Chirakkal Kovilakam Devaswom, which is a
controlled institution under the Malabar Devaswom Board. In view
of the law laid down in the decisions referred to supra, it is the
duty of the trustees (hereditary or non-hereditary) to be faithful
to the Devaswom and manage, protect and safeguard the interest
and properties of the Devaswom, with reasonable diligence. The
Malabar Devaswom Board and its officials are duty-bound to
exercise their supervisory control in order to ensure that the
interests and properties of the Devaswom are protected and
safeguarded by its trustees and the employees of the Devaswom.
Any act of 'fence eating the crops' has to be dealt with sternly.
11. In case the petitioner has a case that third parties have
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encroached upon the Devaswom land of the aforesaid temples
under Chirakkal Kovilakom Devaswom, the petitioner shall submit
a proper representation before the additional 6th respondent
Commissioner, Malabar Devaswom Board, in which event, the said
respondent shall dispose of the same with notice to the petitioner,
the Executive Officer of Chirakkal Kovilakom Devaswom, and also
the alleged encroachers.
With the above direction, this writ petition is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
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APPENDIX OF WP(C)NO.1713/2007
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 22.05.2003
IN O.P.NO.6635/03 OF THIS HON'BLE COURT
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
25.10.2006 SUBMITTED BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATION
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
23.12.2005 MADE BY THE PETITIONER ALONG
WITH ENGLISH TRANSLATION
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
10.01.2006 SUBMITTED BEFORE THE 2ND
RESPONDENT ALONG WITH ENGLISH TRANSLATION
