IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH DAY OF DECEMBER 2011/ 24TH AGRAHAYANA 1933 WPC.No. 31908 of 2011 (K) ------------------------------------- PETITIONER ------------------ P.T. NARAYANAN NAMBOODIRI, THE PRESIDENT, MANAGING COMMITTEE OF T.T.K DEVASWOM, TALIPARAMBA, KANNUR DISTRICT. BY ADVS.SRI.A.P.CHANDRASEKHARAN (SR.) SRI.B.PRAMOD RESPONDENTS ---------------------- 1 THE MALABAR DEVASWOM BOARD, MALABAR DEVASWOM BOARD KOZHIKODE-673 020 REPRESENTED BY ITS COMMISSIONER. 2 THE COMMISSIONER, MALABAR DEVASWOM BOARD KOZHIKODE-673 020. BY ADVS. SRI.N.MANOJ KUMAR,SC,MALABAR DEVASWOM SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST WPC.No. 31908/2011 (K) APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE SCHEME OF ADMINISTRATION EXT. P2: COPY OF THE NOTICE DATED 17-10-2011. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DST Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.31908 of 2011-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of December, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.The petitioner is the President of the Managing Committee of T.T.K.Devaswom, an institution governed by Ext.P1 Scheme framed under Section 58 of the Madras Hindu Religious and Charitable Endowments Act, 1951, for short, the “Act”. This writ petition is filed seeking to quash Ext.P2 by which the Commissioner of the Malabar Devaswom Board has invited applications for appointment of non-hereditary trustees for the institution. 2.At the time of hearing, it is rightly pointed out by the learned senior counsel for the petitioner that it is not Section 39 of the Act that applies and therefore, the decisions rendered WPC31908/11 -: 2 :- interpreting that provision may not have any application. 3.The proposal for appointment of trustees as per Ext.P2 is of the members to be appointed by the Department from the public as non-hereditary trustees. Clause 3 of Ext.P1 Scheme reads as follows: “3. The affairs of the temples and their endowments shall be administered by a Managing Committee of 8 members, 5 members elected by the hereditary trustees from among themselves and 3 members appointed by the Department from the public as non- hereditary trustees. They shall hold office for a period of 3 years from the date of the first meeting of the Committee.” 4.The afore-quoted clause provides for the administration of the affairs of the temples and their endowments by a Managing Committee of 8 WPC31908/11 -: 3 :- members, 5 of whom have to be elected by the hereditary trustees from among themselves and 3 members appointed by the Department from the public as non-hereditary trustees. While it is specifically within the domain of the hereditary trustees to elect 5 among them to be on the Managing Committee, it is for the Department, now the MDB, to appoint from the public, the 3 non- hereditary trustees. We are unable to countenance the contention of the petitioner made through arguments that as hereditary trustees, they are entitled to be consulted when the appointment of the non-hereditary trustees is being made by the Department. We say this because, when the term of clause 3 of Ext.P1 Scheme quoted above is clear, there is no room for any ambiguity. The power to appoint is with the Department, now the MDB. That power is in terms of Ext.P1, a scheme made in terms of Section 58 of the Act. Therefore, we do not find any ground to interfere with the proceedings initiated as per Ext.P2. This writ petition fails. WPC31908/11 -: 4 :- In the result, this writ petition is dismissed. No costs. Thottathil B.Radhakrishnan, Judge. C.T.Ravikumar, Judge. Sha/