The Hindu : HC directive on formation of Malabar Devaswom Board

Online edition of India's National Newspaper
Wednesday, Feb 12, 2003

Southern States

Southern States - Kerala

HC directive on formation of Malabar Devaswom Board

By Our Staff Reporter

Kochi Feb. 11. A Division Bench of the Kerala High Court has directed the Government Pleader to ascertain from the Government as to the time the Government would take to comply with the directive for setting up a new Malabar Devaswom Board.

The Bench comprising Justice S. Sankarasubban and Justice K.K. Dinesan issued the directive when a contempt of court petition filed by the Malabar Devaswom Staff Union came up before the Bench.

Meanwhile, in an affidavit filed by N. Chandrasekharan Nair, Chief Secretary, it had been pointed out that the State Government had taken all necessary steps to enact the bill for the formation of the Malabar Devaswom Board. Once the Assembly select committee submitted its report on the bill already introduced, the House would consider it. In fact, there was no wilful latches or default or negligence on the part of the State Government in not complying with the judgement in time. The Assembly could consider the bill only after the select committee completed the process of taking evidence and submission of its report.

The affidavit said the main complaint of the persons who appeared before the select committee for giving evidence in Kasaragod and Kozhikode districts was against the clause 41 of the bill (with regard to the Board taking over the administration of the temples other than those which were not under the control of the Hindu Religious and Charitable Endowment Department). The select committee had to consider the depositions made before it before finalising the report. The committee would take evidence in other districts like Kannur, Wayanad, Malappuram, Palakkad and Thrissur during its sitting.

The affidavit further said that a preliminary meeting of the select committee was held in December, 2001 at Thiruvananthapuram and had held discussion with the Secretary, Devaswoms. It was at its meeting held on January 2, 2002 that the decision had been taken to hold sitting in northern districts and take evidence from the general public and the representatives of temple employees organisations on the provisions of the bill.

The Government had earlier drafted a bill to set up a Malabar Devaswom Board and a unified board for all the three regions--Travancore, Kochi and Malabar--the Kerala Hindu Religious and Charitable Endowments and Institutions Bill 1997. The Assembly could not take up the bill for further consideration after receiving opinions from the public. In view of the inordinate delay in passing the bill, the High Court had directed the State Government to take immediate action in this regard. So, the Government had taken a policy decision to form a Devaswom Board for temples in Malabar areas. And an Ordinance was promulgated to the effect. However, it could not be replaced by a bill. Therefore, the Ordinance lapsed.

The bill was again introduced in the Assembly following the High Court direction. The bill was then referred to the Assembly select committee consisting of 18 MLAs under the chairmanship of the Minister for Food and Civil Supplies, the affidavit pointed out.

The contempt case had been posted for February 24 for further hearing.

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