Toilet Block Was Constructed Inside Temple Compound For Public Use, Name Of Municipality Was Exhibited: Kerala HC Holds Same To Be Legally Impermissible

The Kerala High Court held the construction of a toilet block inside the temple compound by the Municipal Corporation to be legally impermissible on the ground that such a construction is intended for use by the general public instead of just the devotees. It said that the name of Cherpualssery Municipality is exhibited prominently in the building which is not permissible. The order passed in October was made available recently. 

The Court held thus in a petition filed by P.N. Sreeraman, a devotee of Cherpulassery Sree Ayyappan Kavu, a temple, which is a controlled institution under the Malabar Devaswom Board. Earlier on September 14, 2023, the Court had called upon the Municipality and the said Board to provide entire files relating to said construction.

A Division Bench of Justice Anil K. Narendran and Justice G. Girish observed, “A reading of the Government order dated 27.07.2020 would make it explicitly clear that the constructions of such toilet complexes intended for the use of public, giving right to the Local Self Government Institutions to make provision for the operation and maintenance of the toilet block by auctioning that right by way of public auction or entrusting the same to Kudumbasree Unit, cannot be permitted in temples, which are controlled institutions under the Malabar Devaswom Board. As evident from Ext.P3 photograph the name of Cherpualssery Municipality is exhibited prominently in the building, which is legally impermissible in respect of a building constructed in the Devaswom land.”

The Bench said that it is the duty of the trustees of Cherpulassery Sree Ayyappan Kavu to be faithful to the Devaswom and manage, protect, and safeguard the interests and properties of the Devaswom, with reasonable diligence.

Advocate Krishnadas P. Nair represented the petitioner while Advocate Shameena Salahudheen and Standing Counsel R. Lakshmi Narayan represented the respondents.

In this case, the aforesaid devotee (petitioner) has sought a writ of certiorari to quash the agreement executed between Managing Trustee of Cherpulassery Sree Ayyappan Kavu and Secretary of Cherpulassery Municipality, regarding the construction of a toilet block in the temple property under “Take a Break” scheme. He also sought for a writ of mandamus commanding authorities to consider a representation made by him and stop the construction of toilet block in the temple property. His grievance was against the construction of a public toilet in the temple property of Cherpulassery Sree Ayyappan Kavu comprised in Re-survey No.76(2) of Cherpulassery Village. The construction of the toilet, under ‘Suchithwamithra Toilet Construction Project’ was in 5 cents of the temple property.

The High Court in the above regard noted, “Cherpulassery Sree Ayyappan Kavu is a controlled institution under the Malabar Devaswom Board. In view of the law laid down in the decisions referred to supra, it is the duty of the trustees of Cherpulassery Sree Ayyappan Kavu to be faithful to the Devaswom and manage, protect and safeguard the interests and properties of the Devaswom, with reasonable diligence.”

It added that the Malabar Devaswom Board and its officials are duty-bound to exercise their supervisory control in order to ensure that the interests and properties of the Devaswom are protected and safeguarded by its trustees and the employees of the Devaswom.

“Any act of ‘fence eating the crops’ should be dealt with sternly. … During the course of arguments, the learned Standing Counsel for Cherpulassery Municipality and also the learned counsel for the 4th respondent Managing Trustee would submit that in terms of the directions contained in the order of this Court dated 14.09.2023, the operation and maintenance of toilet block is being done by the temple authorities”, further said the Court.

After considering the submissions made by the counsel, the Court directed the Commissioner, Malabar Devaswom Board to take an appropriate decision on the amount spent by the Municipality for the construction of the toilet block as expeditiously as possible within a period of two months.

Accordingly, the High Court disposed of the writ petition and made its earlier interim order absolute.

Cause Title- P.N. Sreeraman v. The Secretary, Cherpulassery Municipality & Ors. (Neutral Citation: 2023:KER:84407)

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