Court’s Duty to safeguard properties of religious and charitable institutions from misappropriation: Kerala HC
The Kerala High Court ruled that it is the Court’s Duty to safeguard properties of religious and charitable institutions from misappropriation.
Background
A news item appeared in Mathrubumi daily that the Travancore Devaswom Board has leased out Pamba-Triveni Manalppuram to a Trust for conducting programme by name ‘Ramakatha’. As per that news report, the Board has already issued orders in this regard. Under the initiative of the said Trust, Pamba-Triveni Manalppuram and surroundings are cleaned. Activities relating to erection of ‘pantal’ are going on. The parking area and helipad at Nilakkal are also leased out on depositing rent and necessary charges for supply of electricity and water. Nilakkal and Pamba are ‘High Security Zone’ and there is no clarity as to whether Police clearance has already been obtained for conducting the programme and use of the helipad.
Arguments
The counsel for the respondent contended that the conduct of ‘Ramakatha’ recitation by Morari Bapu at Pamba Manalppuram is totally in tune with the traditions and rituals that are being followed in Sabarimala. On the strength of the permission granted by the Travancore Devaswom Board, the respondent is legally entitled to conduct the said programme subject to the terms and conditions to be insisted by the Board.
The Government Pleader and also the Special Government Pleader (Forest), contended that the land at Pamba Manalppuram was leased out to Travancore Devaswom Board, for providing amenities to pilgrims. The event, namely, ‘Ramakatha’ proposed to be conducted at Pamba Manalppuram is an activity with no connection with the pilgrimage.
Decision
The division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar noted that the competent authority to make regulations for the maintenance of order and decorum and the due observance of the religious rites and ceremonies performed in a place of public worship situated in any area to which Part I of the Act of 1950 extends is the Travancore Devaswom Board. The competent authority in the case of a place of public worship situated in any area to which Part II of the Act of 1950 extends is the Cochin Devaswom Board. State Government is the competent authority in the case of a place of public worship situated in any other area in the State, i.e., an area to which Part I or Part II of the Act of 1950 has no application.
The court said that in case the auditorium is available, the respondent may be permitted to conduct the programme ‘Ramakatha’ in that auditorium, subject to the conditions that may be imposed by the Travancore Devaswom Board and also the District administration.
The court after considering the facts and circumstances borne out from the materials on record, deemed it appropriate to direct the Special Commissioner, Sabarimala to submit a report before the Court as to the measures that have to be taken to ensure that similar incidents are not repeated at Pamba Manalppuram in future. The report of the Special Commissioner shall be placed on record within three weeks.
Case title: Suo motu v/s State of Kerala and Ors.
Citation: DBP NO. 3 OF 2022
