V K Mohan Kumar Adikal vs Cochin Devaswom Board
2025 Latest Caselaw 9506 Ker

Kerala High Court

V K Mohan Kumar Adikal vs Cochin Devaswom Board on 9 October, 2025

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                                                             2025:KER:73644
W.P(C).No.1492/2025​     ​       ​     1


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                                       &

                 THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

                        TH
         THURSDAY, THE 9   DAY OF OCTOBER 2025 / 17TH ASWINA, 1947


                             WP(C) NO. 1492 OF 2025

PETITIONER/S:

     1       V K MOHAN KUMAR ADIKAL, AGED 50 YEARS​
             S/O. ITTICHIRI KUTTI ADISSYAR VIRUTTANATH KUNNATH MADOM
             TALI P O, THRISSUR -, PIN - 680585

     2       V. RAJAGOPALAN UNNI ADIKAL, AGED 77 YEARS​
             S/O. KESAVAN ADIKAL PATTATHU VEETIL, PAVARATTI P O
             THRISSUR -, PIN - 680507

     3       V K SACHIDANANDAN ADIKAL, AGED 62 YEARS​
             S/O. SAROJINI ADISSYAR VIJAYAMANDIRAM, P O PULLOOT,
             THRISSUR -, PIN - 680663

     4       D. VINAYAN ADIKAL, AGED 37 YEARS​
             S/O. SMT. VILASINI ADISSYAR VIRUTTANATH KUNNATH MADOM
             TALI P O, THRISSUR -, PIN - 680585

             BY ADVS. ​
             SHRI.K.B.GANGESH​
             SMT.SMITHA CHATHANARAMBATH​
             SMT.ATHIRA A.MENON


RESPONDENTS:

     1       COCHIN DEVASWOM BOARD,​
             REP. BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM
             BOARD, ROUND NORTH, THRISSUR DISTRICT, PIN - 680001
                                                              2025:KER:73644
W.P(C).No.1492/2025​   ​     ​     2


     2      THE PRESIDENT, COCHIN DEVASWOM BOARD,
            OFFICE OF THE COCHIN DEVASWOM BOARD,
            ROUND NORTH, THRISSUR DISTRICT -, PIN - 680001

     3      V K SANKUNNI ADIKAL​
            GAYATHRI, P O PERINGANNUR PALAKKAD -, PIN - 679535

     4      V K NEELAKANDAN ADIKAL​
            ROHINI, TALI P O, THRISSUR, PIN - 680585

     5      V K VISWANATHAN ADIKAL​
            RAVISANKAR NIVAS P O PULLOOT, THRISSUR -, PIN - 680663

     6      V K SANKARANARAYANAN ADIKAL​
            VIRUTTANATH KUNNATH MADOM TALI P O,
            THRISSUR -, PIN - 680585

     7      ADDL.R7. V K GANGADHARAN ADIKAL,​
            AGED 66 YEARS, S/O. KESAVAN ADIKAL SREEPAADAM, POST
            KOZHIKKOTTIRI, MUTHUTHALA VILLAGE, OTTAPPALAM TALUK
            KOZHIKKOTTIRI, PALAKKAD DISTRICT - 679303
            (ADDL.R7 IMPLEADED AS PER ORDER DATED 23-01-2025 IN IA
            1/25 IN WPC)

            BY ADVS. ​
            SRI.C.DHEERAJ RAJAN​
            SHRI.ANAND KALYANAKRISHNAN FOR R3 TO R6​
            SHRI.LIBIN VARGHESE
            ADV.K.P.SUDHEER, SC FOR CDB


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD              ON
24.09.2025, THE COURT ON 09.10.2025 DELIVERED THE FOLLOWING:
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W.P(C).No.1492/2025​        ​      ​     3



                                   JUDGMENT

K. V Jayakumar, J.

​

​ The petitioners have approached this Court under Article 226 of the Constitution of India, claiming the following reliefs:

'A writ of mandamus or any other appropriate writ order or direction commanding respondents 1 and 2 to consider and pass orders on Ext.P4 request preferred by the petitioners and other family members of Viruttanath Kunnath Madom for assumption of administration of Sree Veerasthanam Viruttanam Bhagavathi Temple, Viruttanam, Thali PO, Thrissur within a timeframe as fixed by this Hon'ble Court after affording an opportunity of hearing to all interested parties including the petitioners and respondents 3 to 6.'

​ 2.​ The petitioners contend that they are the trustees of the Sree Veerasthanam Viruttanam Bhagavathi Temple Trust, Thali, Thrissur District and also the members of the Viruttanath Kunnath family, which owns the temple. As per partition deed No. 467/964 of Erumapetti SRO, the ownership of the Sree Veerasthanam Viruttanam Bhagavathi Temple devolved on the Viruttanath Kunnath Madom Family. As per the said partition deed, the right of the Priest (Santhi) in the Temple vests with the lady members of the family and their male children.

​ 3.​ On 25.05.1978, a family arrangement was made, whereby the day-to-day administration of the temple was entrusted to a five-member 2025:KER:73644

committee constituted for that purpose. However, in the year 2010, a family meeting was convened, and the family arrangement made in 1978 was cancelled. A new trust, comprising nine trustees elected by the family members, was constituted under the name 'Sree Veerasthanam Viruttanam Bhagavathi Temple Trust.' ​ 4.​ Ext. P1 is the copy of the trust deed. The petitioners 1 to 4 are the elected members of the Trust. The other trustees are arrayed as respondents 3 to 6 and the additional 7th respondent.

​ 5.​ The petitioners contend that the entire administrative control was usurped by respondents 3 to 6, and that no election has been conducted since 2010. They further allege mismanagement and misappropriation of assets by respondents 3 to 6 ​ 6.​ The petitioners further contend that, as respondents 3 to 6 refused to convene a general body meeting of the family members and to conduct an election to the committee of the trust, the petitioners themselves convened a family meeting on 19.02.2023 and conducted a fresh election to the executive committee. Respondents 3 to 6 did not attend the said meeting. The petitioners, along with the majority of the family members, constituted a new trust (Ext. P2) which was registered at the Sub Registrar Office, Erumapetti, as Document No. 54/2023.

​ 7.​ It is averred that disputes arose among the members of the family as to which committee was actually in power. Consequently, the majority of the family members convened a meeting on 24.09.2023 and resolved to hand over 2025:KER:73644

the administration of the temple to the 1st respondent, the Cochin Devaswom Board. Ext. P3 is a copy of the minutes of the meeting held on 24.09.2023. Based on the said minutes (Ext. P3), the petitioners submitted Ext.P4 request to the 2nd respondent, requesting that the administration of the temple be assumed by the 1st respondent Board.

​ 8.​ The learned counsel for the petitioners submitted that the limited prayer of the petitioners is for a consideration of Ext. P4 representation by the 1st respondent Board and for the issuance of an appropriate order directing the assumption of administration of the Sree Veerasthanam Viruttanam Bhagavathi Temple Trust.

​ 9.​ On the other hand, the learned counsel for respondents 3 to 6 submitted that the petitioners are no longer the trustees of Sree Veerasthanam Viruttanam Bhagavathi Temple Trust, as they have already been removed from the trust after due notice was issued to them. ​ 10.​ The learned counsel for respondents 3 to 6 contended that the petitioners were acting illegally and against the interests of the temple, and were consequently removed from their position as trustees by following due procedure at a meeting held on 20.06.2023. Pursuant to the said meeting, the trust deed was amended to reflect a total of 13 trustees--8 from the Adikal family and 5 members from the public. The learned counsel further submitted that there is no mismanagement or maladministration, as alleged by the petitioners. It was also contended that the petitioners approached this Hon'ble Court while suppressing material facts regarding their removal from trusteeship.

2025:KER:73644

​ 11.​ We have carefully considered the rival submissions of the learned counsel and perused the materials placed on record. ​ 12.​ The only relief sought in the Writ Petition is to issue a direction commanding the respondents 1 and 2 to consider Ext.P4 request of the petitioners and to pass appropriate orders. It is pertinent to note that both sides claim that they are the trustees and there is mismanagement and misappropriation of funds by the other side.

13.​ Considering the facts and circumstances of this case, we deem it appropriate to direct the competent among respondents 1 and 2 to consider Ext. P4 representation regarding the assumption of administration of the temple and to pass appropriate orders expeditiously, within an outer period of four months from the date of receipt of a copy of this judgment. It is made clear that before passing orders, respondents shall afford a reasonable opportunity of being heard to the parties.

        ​      Writ Petition is disposed of as above.


                                                          Sd/-

                                             RAJA VIJAYARAGHAVAN V
                                                      JUDGE

                                                          Sd/-

                                                  K. V. JAYAKUMAR
                                                         JUDGE
Sbna/
                                                          2025:KER:73644



                       APPENDIX OF WP(C) 1492/2025

PETITIONER EXHIBITS

Exhibit P1             TRUE COPY OF TRUST DEED NO. 198/2010 OF
                       ERUMAPETTI    SUB   REGISTRAR    OFFICE   DATED
                       01.07.2010
Exhibit P2             TRUE COPY OF DOCUMENT NO. 54/2023 AT ERUMAPETTI
                       SUB REGISTRAR OFFICE DATED 08.03.2023
Exhibit P3             TRUE COPY OF THE MINUTES OF THE FAMILY MEETING

OF VIRUTTANATH KUNNATH MADAM FAMILY DATED 24.09.2023 Exhibit P4 TRUE COPY OF REPRESENTATION DATED 09.08.2024 PREFERRED BY THE PETITIONERS FOR ASSUMING THE ADMINISTRATION OF THE TEMPLE BY THE 1 ST RESPONDENT BOARD RESPONDENT EXHIBITS

Exhibit R3(g) The true copy of the notice dated 30.07.2023 issued to the 4th petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust Exhibit R3(a) The true copy of the notice dated 03.12.2022 issued to the 1st petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust Exhibit R3(b) The true copy of the notice dated 17.01.2023 issued to the 1st petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust Exhibit R3(e) The true copy of the notice dated 03.12.2022 issued to the 3rd petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust Exhibit R3(f) The true copy of the notice dated 17.01.2023 issued to the 3rd petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust Exhibit R3(d) The true copy of the notice dated 01.02.2023 issued to the 2nd petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust along with typed copy of the same Exhibit R3(c) The true copy of the notice dated 01.02.2023 2025:KER:73644

issued to the 2nd petitioner by president and secretary of the Sree Veerasthanam Viruttanam Bhagavaty Kshetram Trust PETITIONER EXHIBITS

Exhibit P1(a) TRUE COPY OF THE ORDER PASSED BY THE HON'BLE MUNSIFF COURT WADAKKANCHERY IN IA NO. 2/2023 IN OS NO. 60/2023 DATED 4/04/2023