Kerala HC stays MDB order permitting temple funds for officials attending Ayyappa Sangam

Kochi | The Kerala High Court on Friday stayed an order of the Malabar Devaswom Board (MDB) authorising officials of shrines under it, who have volunteered to attend the Global Ayyappa Sangam, to bear the travel and food expenses incurred by them from their respective temples' funds.

A bench of justices Raja Vijayaraghavan and K V Jayakumar also issued notice to the state government, the Malabar Devaswom Commissioner and the Board seeking their stand on a plea challenging the order to bear the expenses from temple funds.

Advocates Lakshmi Narayan and Ranjanie R appeared for the Board.

The High Court's interim direction came on a plea by one Ramachandran A V who works as a clerk at the Kinavoor Sri Kiratheswara Temple at Neeleswaram in Kasaragod district.

He has challenged the Devaswom Commissioner's September 18 order authorising all divisional Inspectors of the Board from Kasaragod, Taliparamba, Thalassery, Kasaragod, Manjeri, Perinthalmanna, Guruvayoor, Ottapalam and Palakkad and all temple executive officers who have volunteered to participate in the conclave to bear the travel and food expenses incurred by them from the respective temples' funds.

"The vehicle expenses were also directed to be borne by the respective temples," the plea has said.

The petitioner has contended that temple funds are trust property belonging to the deity and its worshippers and the state, holds it under the fiduciary relationship only as a statutory trustee and hence, cannot direct to divert such funds for extraneous purposes.

He also contended that several temples under the Board are facing acute financial shortage with delay in payment of employees and other staff's salaries and statutory benefits.

In these circumstances, the Devaswom Commissioner's decision "is illegal, arbitrary, unreasonable, violative of devotees fundamental rights", the petitioner has claimed.

The plea has sought quashing of the September 18 order of the Devaswom Commissioner and to direct those attending the Ayyappa conclave by meeting their expenses on their own.

The Global Ayyappa Sangamam is being organised by the Travancore Devaswom Board (TDB), as part of its 75th anniversary, in association with the Kerala government on September 20 at Pampa.