IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 30649 of 2009(A) -------------------------- PETITIONER(S): --------------- TALIPARAMBA KSHETHRA SAMRAKSHNA SAMITHI, REGISTER NO. 83/72, REPRESENTED BY ITS SECRETARY, SRI K.V. JANARDHANAN, KAVIL VALAPPIL HOUSE, KEEHZTTOOR, P.O. TALIPARAMBA, KANNUR DIST. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): --------------- 1. MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, CIVIL STATION, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, NILESHWARAM, KASARGOD DIST. 3. THE INSPECTOR, MALABAR DEVASWOM BOARD, TALIPARAMBA-41. 4. CHIRAKKAL KOVILAGAM VALIYA RAJA, CHIRAKKAL POST, KANNUR DIST. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1-3 SMT.VIDHYA. A.C FOR R4 SRI.A.C.VENUGOPAL FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. P. C. No. 30649 of 2009 -------------------------------------------- Dated this the 15th day of July, 2010 JUDGMENT Ramachandran Nair, J. Writ Petition is filed challenging the authority of the Malabar Devaswom Board to appoint non-hereditary trustees in the Sree Mulengeswaram Siva Temple at Thaliparamba. Petitioner is Thaliparamba Kshethra Samrakshana Samithi and according to them, hereditary trustee, namely, the fourth respondent has entrusted the management of the temple with them and Devaswom has no authority to appoint non-hereditary trustees. Since the temple is a public temple notified by order dated 25.10.1978 the Devaswom is free to appoint non-hereditary trustees. According to standing counsel for the Devaswom Board petitioner has not even furnished accounts for any year so far. In any case, we do not think the appointment of non- hereditary trustees will in any way affect the functioning of the temple and petitioner can raise objection because non-hereditary trustees are inducted only to ensure that larger body runs the temple for it's benefit WPC 30649/2009 2 and for the benefit of the devotees. W.P.C. is disposed of leaving freedom to the Devaswom Board to proceed with appointment of non-hereditary trustees but they should consult the fourth respondent in accordance with norms for selection. If members of the petitioner-Samithi are eligible, we are sure they should be considered by the Devaswom for appointment. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WPC 30649/2009 3