The Court upholds the fiduciary role of Temple Advisory Committees, asserting that properties acquired during their tenure are meant for temple use only.
The Kerala High Court has delivered a landmark judgment affirming that immovable properties acquired by Temple Advisory Committees (TACs) during their tenure shall vest in the deity of the temple and be managed by the Travancore Devaswom Board (TDB) as trustee. In a significant ruling in the case of Thuravoor Mahakshethra Upadeshaka Samithy v. Travancore Devaswom Board, the court emphasized that these properties cannot be independently claimed by the Samithi or Committee.
The case revolved around the administration of Thuravoor Mahakshethram, where the Bhakthajana Samithi had acquired various properties and assets during its tenure as a TAC. The Thuravoor Mahakshethra Upadeshaka Samithi filed a petition claiming rights over these properties, asserting that they were acquired with funds collected from devotees and should revert to the temple upon the TAC's cessation.
The High Court, through a bench comprising Justices Mr. Raja Vijayaraghavan V and K. V. Jayakumar, scrutinized the legal framework under the Travancore-Cochin Hindu Religious Institutions Act, 1950, and the Transfer of Property Act, 1882. The court held that TACs, in their fiduciary capacity, do not have independent ownership rights over temple-related properties, as these are acquired for the benefit of the deity and temple activities.
The court further declared that the properties covered by specific sale deeds and settlement deeds, which were acquired by the Bhakthajana Samithi while functioning as a TAC, are temple properties and should be administered by the TDB. It also directed the revenue authorities to update property records to reflect this ownership.
While granting relief to the Thuravoor Mahakshethra Upadeshaka Samithi, the court dismissed another petition related to the Bhakthajana Samithi's actions post-termination as a TAC, emphasizing the need for civil suits to resolve issues of property title and transfer.
The judgment underscores the court's commitment to safeguarding temple properties against wrongful claims and ensuring their use aligns with the interests of the temple and its devotees.
Bottom line:-
Immovable properties acquired by a Temple Advisory Committee or any affiliated Samithi during their tenure for temple-related activities shall vest in the deity of the temple and be managed by the Devaswom Board as trustee. The properties cannot be independently claimed by such Samithi or Committee.
Statutory provision(s): Travancore-Cochin Hindu Religious Institutions Act, 1950 (Sections 31, 31A), Transfer of Property Act, 1882 (Sections 10, 11).
