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Civil · Reportable judgment

Oachira Parabrahma Temple & Anr. vs G. Vijayanathakurup and Ors.

Court
Supreme Court of India
Date
3 December 2024
Case No.
Civil Appeal No(s). 13708-13709 of 2024
Bench
Sanjiv Khanna, Sanjay Kumar, R Mahadevan
Citation
[2024] 12 S.C.R. 358 : 2024 INSC 922
Supreme Court Reports [2024] 12 S.C.R. 358 : 2024 INSC 922
Issue for consideration
Matter pertains to the dispute as regards administration and management of Oachira Parabrahma temple and its institutions by the Administrative Head appointed by the High Court and the alleged Executive Committee.
Headnote

Trust and charities – Oachira Parabrahma Temple – Administration and management of temple – Serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the High Court and the alleged Executive Committee:

Held: The subject temple is a unique, ancient and historical one – It administers/runs a hospital, a Nursing College and a Nursing School, to cater to the needs of the general public – It is imperative to restore, protect and preserve temples and their properties with utmost care – Thus, it is just and necessary to conduct election under the aegis of a new Administrative Head/Administrator, for the smooth and effective administration of the subject temple and the institutions – Retired Judge of High Court appointed as Administrative Head/Administrator to conduct election – Administrative Head/Administrator to commence the election process strictly in accordance with the Bye-laws of the temple, within the stipulated period – Administrative Head/Administrator/Advocate Commissioner appointed by the High Court, ceases to exist and thus, directed to hand over the charge/accounts to the newly appointed Administrative Head/Administrator with immediate effect – Newly Appointed Administrator/Administrative Head to manage the affairs of the Temple/Samithis until the elections are held and to handover the charge to the elected body – Existing arrangements relating to the functions/duties/affairs of the subject temple and its institutions to continue, until further orders from the trial court – Trial court to complete the final decree proceedings in the suit filed for framing of Scheme, as expeditiously as possible. [Paras 15, 16]

Keywords: Oachira Parabrahma Temple · Administration and management of temple · Administrative Head · Administrator · Executive Committee · Election · Bye-laws of the temple · Advocate Commissioner · Retired Judge of High Court

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment R. Mahadevan, J. Leave granted. 2. The appellants, claiming themselves as elected Secretary and President of a temple viz., Oachira Parabrahma Temple situated at Kerala (hereinafter shortly referred to as “the subject temple”), have preferred these Civil Appeals against two orders passed by a learned Single Judge of the High Court of Kerala at Ernakulam viz. one is a final Judgment and order dated 02.03.2020 passed in RFA No. 562/2010 and another is an order dated 07.02.2023 passed in I.A No. 5/2022. Brief background 3. According to the averments made in the Civil Appeals, the su
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