NADUVILMADOM GROUP OF DEVASWOMS Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, who is the hereditary trustee of Naduvil Madom Group of Devaswoms, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dtd. 3/3/2021 of the 2nd respondent Commissioner, Malabar Devaswom Board, whereby the 4th respondent, who is the Executive Officer of Sree Chirakkal Kovilakom Devaswom under the control of the 1st respondent Malabar Devaswom Board, has been appointed as the Executive Officer of Sree Prayangod Siva Temple, which is one among the 18 temples under Naduvil Madom Group of Devaswoms (for brevity, 'Naduvil Madom Devaswoms'), and also Ext.P5 order dtd. 28/5/2021 of the 4th respondent Executive Officer, whereby the petitioner was informed that immediate steps have to be taken for the implementation of Ext.P3 order.

(2.) On 5/8/2021, when this writ petition came up for admission, the learned Standing Counsel for Malabar Devaswom Board undertook that, only for the purpose of preservation of the subject matter of the lis, respondents 1 to

(3.) will not take any coercive steps in pursuance of Ext.P3 order dtd. 3/3/2021 of the 2nd respondent Commissioner and also the consequential order, i.e., Ext.P5 order dtd. 28/5/2021 issued by the 3rd respondent Executive Officer, until 13/8/2021. The undertaking given by the learned Standing Counsel on 5/8/2021, which was extended from time to time, is still in force. On 5/8/2021, the learned counsel for the petitioner sought time to file an additional affidavit to give details to show that the petitioner, namely, Naduvil Madom Devaswoms, is a 'math' (madam), which is covered by Ext.P1 Scheme, which fulfills the definition of 'math' in clause (10) of Sec. 6 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for brevity, 'the Madras HR&CE Act'). This Court adjourned the writ petition to 11/8/2021 for consideration. 3. On 28/9/2021, when this writ petition came up for consideration, the learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 to 3. Urgent notice by speed post was ordered to respondents 4 to 6, returnable within four weeks.