In a significant legal development from Kochi, the Kerala High Court has overturned an order issued by the commissioner-in-charge of the Malabar Devaswom Board, which had established a special team to conduct a detailed enquiry into the affairs of the entire Zamorin Devaswom. This decision marks a crucial victory for the hereditary trustee, the Zamorin Raja of Calicut, who had challenged the board's directive.
Court Bench and Petition Details
The bench comprising Justices V Raja Vijayaraghavan and K V Jayakumar delivered this order in response to a petition filed by the Zamorin Raja. As the hereditary trustee of three kovilakoms, the Raja oversees approximately 43 temples and sub-temples, in addition to managing educational institutions such as Zamorin's Guruvayurappan College and higher secondary schools. The petition argued that these religious and educational entities are administered strictly in accordance with the law, asserting that the Malabar Devaswom Board lacks jurisdiction to interfere with their internal administration.
Petitioner's Arguments and Violation of Natural Justice
The Zamorin Raja contended that the impugned order was passed without providing him an opportunity to be heard, which constitutes a gross violation of the principles of natural justice. He emphasized that the board's actions were unwarranted and overstepped legal boundaries, potentially disrupting the smooth functioning of the temples and educational institutions under his trusteeship.
Malabar Devaswom Board's Defense
On the opposing side, the Malabar Devaswom Board defended its position by stating that while the trustee's right to manage temple affairs in religious matters is absolute, the trustee is obligated to administer the temple in compliance with applicable regulations. The board argued that under the Malabar Hindu Religious and Charitable Endowments Act, authorities have a supervisory role to ensure there is no mismanagement by the trustee.
It was further submitted that the trustee had made appointments without obtaining the necessary sanctions as prescribed under the rules, rendering these actions illegal. The commissioner intervened to ensure that the trustee exercised his powers in accordance with the Act, prompted by numerous complaints received against the trustee, which led to the initiation of proceedings.
High Court's Observations and Ruling
However, the High Court noted that the commissioner-in-charge had no jurisdiction to constitute a special team for a detailed enquiry into the affairs of the entire Zamorin Devaswom. The court also observed that the order was passed ex parte, meaning without the petitioner's participation, and without granting him any opportunity to be heard. Consequently, the High Court set aside the impugned order, reinforcing the importance of procedural fairness and legal jurisdiction in such matters.
This ruling underscores the delicate balance between supervisory control by religious boards and the autonomy of hereditary trustees in administering temples and associated institutions. It highlights the judiciary's role in upholding the principles of natural justice and ensuring that administrative actions are within the bounds of the law.
